Meesho Payments Private Limited - Terms and Conditions
Please read these terms and conditions ("Terms") carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform ("Privacy Policy") and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and the Company (collectively "Agreement"). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [supplier.meesho.com] (hereinafter referred to as “Platform”).
1. About the Terms
1.1 Introduction to the Terms
“Meesho Instant Cash” is a proposition enabled by Meesho Payments Private Limited (MPPL) on specified e-commerce or other platforms, and their related mobile sites and applications under which MPPL facilitates the granting of a loan or credit lines by certain financing partners (Financing Partners) to selected Suppliers of the respective platform (“You”) in accordance with the terms of relevant loan products or financing schemes being made available by such Financing Partners to You. You will be offered the relevant loan products based on your interest and credit lines only if you are eligible to avail such loan products, whose eligibility shall be determined by the Financing Partners alone and MPPL disclaims any liability or obligation in this regard.
“Meesho Pay Later” is a proposition enabled by Meesho Payments Private Limited (MPPL) on specified e-commerce or other platforms, and their related mobile sites and applications under which MPPL facilitates the granting of a loan including sub-limits for Buy Now Pay Later by certain financing partners (Financing Partners) to eligible users of the respective platform (“You”) in accordance with the terms of relevant loan products or financing schemes being made available by such Financing Partners to You. You will be offered the relevant loan products based on your interest and credit lines only if you are eligible to avail such loan products, whose eligibility shall be determined by the Financing Partners alone and MPPL disclaims any liability or obligation in this regard.
1.2 When are these Terms applicable and binding on User?
The Agreement is applicable to any person when they install, download or even merely visit or
access any part of the Platform or utilize the Services, such persons are referred to as users, which include without limitation users who are browsers, customers, representatives of authorized lending partners and other purchasers or creators of content (collectively, "User").
The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.
1.3 Whether the terms of this Agreement can be modified?
Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.
1.4 What if the terms of the Agreement are not acceptable to User?
If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By the use of the Services, it is signified that the User agrees to abide by the terms of the Agreement (as updated from time to time).
2. Eligibility
2.1 For the use of Platform, is a User subject to any eligibility criteria?
You must be at least 18 years of age or older to visit or use the Website in any manner. By visiting or accessing the Website or accepting these Terms of Use, You represent and warrant to the Company that: (a) all registration information you submit is truthful and accurate (b) You are 18 years of age or older, at the time of registration, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
2.2 Are there any specific requirements for registering an account on Platform?
a. The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for updates pertaining to the loan product or credit lines available or in respect of loan products or credit lines availed etc.
b. You understand, agree and acknowledge that MPPL or the Financing Partner or the Platform (acting for and on behalf of the Financing Partner) will have the right to send You reminders electronically or by post and/or call, SMS, instant messages to Your registered phone number prior to the due date of payment of the outstanding amounts under the Loan Products, and reach You on your registered phone number during reasonable hours if You fail to pay the outstanding amount by relevant due date. You further acknowledge and confirm that You are aware of the nature of telecommunications/internet services and that an email transmission may not be received properly. You further acknowledge that any delay in payment or non-payment of outstanding amounts due under the Loan
Products may attract legal charges against you. In this event, relevant parties may send you legal notices, and may report such non-payment to eligible credit information companies and/or initiate legal proceedings against you. You agree to assume and bear all the risks involved in connection with the Loan Products availed by You and undertake that MPPL or the Financing Partner or the Platform(s) (as the case may be) shall not be responsible in any manner.
c. It is the responsibility of the Users to provide the correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS, but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
2.3 Can User accounts registered on Platform be suspended or terminated?
a. The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
i. any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
ii. User is found to be non-compliant with the Agreement.
iii. engaged in actions that are unlawful, fraudulent, negligent or derogatory to the Company’s interests.
iv. failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.
b. Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.
c. Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.
d. You understand and acknowledge that MPPL and/or its Financing Partner reserves the right to suspend your eligibility to avail the services under these Terms at any point of time.
2.5 What are User obligations vis-à-vis its registered account on Platform?
a. Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User is intended for bona fide sale or consumption in the course of their business activities.
b. Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.
c. User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.
On registration, the Users may receive a password protected account and an identification. The Users agree to:
i. maintain the confidentiality of their password, if applicable;
ii. take full responsibility for all activities by Users accessing the Application through their account; iii. immediately notify the Company of any unauthorized use of their account or any other breach of security that they become aware of; and
iv. ensure that they exit from their account at the end of each session.
3. Use of the Platform and Services
3.1 Can User access and use the Platform at any time or could there be any limitations?
a. Company endeavours to make the Application available 24X7. However, the Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
b. Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
c. Company does not warrant that Application will be compatible with all hardware and software which is used by Users. Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an 'as is'
and 'as available' basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.
d. Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.
3.2 Does the Company guarantee performance of the agreement or other arrangements between User(s) or otherwise in respect of products on Platform?
a. The Company, through Platform, is a mere facilitator of the transaction including between Supplier on the one side and the Financing Partner on the other and is not responsible for any non-performance or breach of any contract entered into towards availing any financing by Supplier from such Financing Partner as the case may be. Any such contractual relationship between the Supplier and Financing Partner will be governed by the terms and conditions of the contract between the respective parties and any additional terms and conditions as may be specified by such Financing Partner from time to time and the Company disclaims any liability in this regard.
b. All information and obligations respecting verification of personal information for processing loan products or credit lines, payment schedules and implications of failure to meet those obligations and any other obligations/responsibilities in respect of loan products or credit lines taken out by You would be subject to the terms and conditions of contracts and agreements entered into by You with the Financing Partner and these terms would have to be mandatorily adhered to for availing full services. The Company disclaims any liability in the above regard.
c. You understand that by accepting or proceeding, the respective Financing Partners’ terms and conditions, their privacy policy, specific product terms and these terms and conditions, You are entering into a legally binding contract with the respective Financing Partner. You further understand that You have availed a Loan Product from the respective Financing Partner and shall be liable to respective Financing Partner for any default in the dues payable to such Financing Partner.
d. By choosing to avail the Loan Products offered by the Financing Partner, you agree to these terms and conditions extended by the Financing Partner , their privacy policy and any other product terms provided by the Financing Partner. Please read these terms and conditions carefully before availing the Loan Products. MPPL does not monitor or have control or authority on any processing or offering made by a Financing Partner. You understand and agree that the privity of contract is between You and the Financing Partner and MPPL is only facilitating the granting of a loan or credit lines.
e. As per the requirements under RBI guidelines and based on the Financing Partner’s obligation under the applicable law, they may -initiate re-initiate the KYC as well as loan application process and You understand and acknowledge that in the event You fail to complete your KYC within 90 days from the date of initiating KYC process.
f. You acknowledge that the Financing Partners have the right to revise any sanctioned credit line or revoke such credit line extended to You at any time at their sole discretion. You may at any time connect with the Financing Partners for any queries or complaints in this regard.
3.3 Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User?
When accessing or using the Platform or availing the Services, the User has to comply with and ensure the following:
i. All registration information submitted by User is truthful, lawful and accurate; ii. User's use of the Application/Platform shall be solely for their use and they shall not authorize others to use their account;
iii. .User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;
iv. User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application;
v. User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; vi. User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos; vii. User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party;
viii. User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan, or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.
ix. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement.
x. User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable
exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
4. Sharing of Information and Consent
4.1 What is the information proposed to be shared and conditions governing the same?
a. By using products and services through the Platform or by providing Your information, You agree and consent to the collection, usage, storage, transfer, sharing or otherwise processing information (including sensitive personal information) related to You in accordance with these terms and conditions and the Privacy Policy.
b. You hereby agree and give consent to MPPL and/or the Financing Partner to collect and share your personal and sensitive personal information and to contact you as required by the Financing Partner to determine your eligibility and enhance/modify your credit limit, if applicable: (iv) location; (v) credit information; and (vi) device information in accordance with the applicable laws and RBI guidelines. If You provide your express consent, such information will be accessed by MPPL and/or the Financing Partner for checking your eligibility and at periodic intervals thereafter in accordance with MPPL's Privacy Policy and Financing Partner’s terms & conditions and their Privacy Policy. In the event that You do not provide MPPL/Financing Partner with such express consent to access such information, MPPL and/or the Financing Partner will not be able to access your data and consequently will not be able to check your eligibility or be able to enhance/modify your credit limit. You further understand that MPPL and/or the Financing Partner will share details of your eligibility to avail the Loan Products with the respective Platforms, to enable You to transact on such Platforms. Your contact information may be shared with the Financing Partner and third party agencies who shall be responsible for the collection of dues payable under the Loan Products. MPPL and/or the Financing Partner may obtain information in relation to your transactions on Platforms through which You have availed the Loan Products (including but not limited to item details, amount, date, category of order) to check your eligibility and assess your credit limits. By consenting to these terms and conditions, You hereby agree to sharing such transactional information with MPPL and/or its Financing Partners.
c. By choosing to avail the Loan Products offered by the Financing Partners, You agree that the respective Financing Partner may require certain Know Your Customer (KYC) documents and/or information from You, which You shall promptly provide upon being so requested by the respective Financing Partner. You understand that You can, at your sole option, complete this KYC process through permissible methods as may be decided by the Financing Partner. To enable the Financing Partner to comply with the KYC
requirements prescribed under applicable laws, You hereby provide your consent to MPPL and/or the Financing Partner and/or their authorised representatives/agents for obtaining and authenticating your KYC information such as with the relevant regulatory authorities (such as NSDL, UIDAI, CKYCR etc.), including for completing KYC verification process through an OTP-based KYC check or Aadhaar based offline verification. You also consent to the Financing Partner to validate Your bank account details through a fund transfer of a small amount (usually Re. 1/penny drop) into Your bank account. You also acknowledge that the penny drop transaction output such as the bank account holder’s name and IFSC details shall be shared by MPPL with the Financing Partner. You further consent to the sharing of Your PAN number and credit information with the Financing Partner, and its partner credit information companies as per applicable laws. You expressly authorize MPPL and the Financing Partner(s) to store your demographic and identity information for the purposes of fulfilling KYC requirements. MPPL does not collect, use, store, or share your Aadhaar number. You also agree that MPPL and the Financing Partner can appoint third party service providers/agents for the cash recovery/collection from You.
d. You understand that for the purposes of availing the Loan Products offered, your credit information/history may need to be obtained from a credit information company by MPPL or the relevant Financing Partner extending the Loan Products. You hereby consent to MPPL and/or the Financing Partner(s) for collecting such credit information from any credit information company.
e. Subsequent only upon the receipt of your consent, you will authorize MPPL to obtain information from your mobile network operators and its authorised agencies to undertake an evaluation check of your subscriber history with your mobile network operators. You further agree to grant your consent to MPPL to share information and data available with it and its partner lender with your mobile network operators or their authorised agency to undertake such evaluation.
f. You declare that details shared by You as part of the KYC and registration process are true and correct to the best of your knowledge. In the event there is any change in the such details, You will promptly inform MPPL and/or the Financing Partners and update the information in your account details.
g. You understand that information relating to Your account may be shared with governmental agencies as required under applicable laws.
h. You understand that availing the services under these Terms is completely voluntary and You are in no way bound to avail such services.
5. Payment of Fees and other charges
5.1 What are the typical fees and/or charges that would be applicable
a. By opting to avail the Loan Products offered by the Financing Partners, You undertake to make the payment of the outstanding amounts due to the Financing Partner within the agreed timelines set out in the applicable terms and conditions for such Loan Products. You understand and acknowledge that if You fail to pay either an amount equal to or more than the Minimum Amount Due, or the total outstanding amounts due under the relevant Loan Products to the Financing Partner before the relevant due date, the Financing Partner shall have the right to, among other actions, levy a late payment penalty on You until the relevant outstanding amounts are paid as per the Terms and conditions of the Financing Partner.
b. Late payment fees are inclusive of applicable taxes. Any delay in payment may lead to cancellation/suspension/restriction of any further order(s) or activity or purchases on the Platform(s) or suspension of account indefinitely, till such time that the outstanding amounts are cleared by You. Further, You understand that failure to repay any outstanding amounts towards these Loan Products timely could lead to a negative impact on Your bureau score.
c. You will be liable to pay the Financing Partner the amounts due under the Loan Products as per the payment schedule and the terms mentioned in your monthly statement, in accordance with these terms, loan application terms and the Financing Partner’s terms and conditions. Such repayment of the Loan Products may be made through the Platforms, or such other payment methods as may be prescribed by the Financing Partner to MPPL (“Repayment Mode”).
d. You understand that the Financing Partner may levy any fees as may be applicable for, among others, processing the loan product or usage of credit line beyond authorized thresholds and where application of such fees would be communicated to You by the Financing Partner and MPPL disclaims any liability or obligation in this regard.
6. Indemnity and Limitation of Liability
a. In the event of any breach by You of any term, representation, warranty, covenant or agreement made or given by You in this Agreement, You undertake to indemnify and hold harmless MPPL, its affiliates and their respective directors, officers, employees, agents and representatives (together “the Indemnified Party”) to the extent of any and all damages suffered or incurred by the Indemnified Party in relation to such breach of representation or warranty, covenant or agreement.
b. Notwithstanding anything to the contrary contained herein, MPPL, its affiliates and their respective directors, officers, employees, agents and representatives shall have no liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to this Agreement;
c. MPPL in no manner warrants or guarantees the performance of the Financing Partner and You acknowledge that MPPL shall in no manner be responsible for any claim of money or damages in the event the Financing Partner fails to grant Loan Product.
d. MPPL does not make any representations or warranties on behalf of the Financing Partners;
e. You further agree that MPPL, its affiliates and their respective directors, officers, employees, agents and representatives shall in no way be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the product and services of MPPL.
7. Other Terms
All other terms including terms such as Privacy, Governing Law, Liability, Intellectual Property, Confidentiality and General Provisions etc. are deemed to be incorporated into these Terms of Use by reference to the General Terms and Conditions.
8. Miscellaneous
8.1 This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Bangalore, India.
8.2 Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
8.3 The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision