Terms & Conditions
"Zip by MobiKwik" or "Zip Services" is a deferred payment option facilitated
by
MobiKwik
One Mobikwik Systems Limited - "MobiKwik" "We" "Us"
"Our"
Users (“you” / "User") are required to read, review, understand and agree to
the terms
hereunder for using or availing of the Zip Services, by clicking on the "I Accept"/
"Submit" button in the MobiKwik App. Upon clicking the "I Accept"/
"Submit"
button on the MobiKwik App, a User indicates their acceptance of these terms and their intention to
be bound
by it. Once the terms contained hereunder are accepted by a User, the same shall be binding on the
User
while availing Zip Services in any manner whatsoever, and subsequent to such User's use of the
Zip
Services. MobiKwik in consultation with its Lending Partners has the right to suspend or freeze this
facility any time at its discretion.
Terms of Usage
- Zip is a premium product, which is only available to a limited set of Users, as may be
sanctioned by the
lending partners of MobiKwik (“Lending Partners”) in their sole discretion. Its
approval or
rejection is based on the data shared by the User and at the discretion of the Lending Partner.
Further
to this, the approved credit limit is specific to every individual User.
- Zip can be used within the MobiKwik App for limited services & on select merchants.
- In order to avail the credit facility provided by the Lending Partners, the User shall be
provided with
and agree to terms and conditions including the key fact statement, summary of product, sanction
letter,
terms and conditions of the Lending Partner and MobiKwik, account statements and privacy
policies
(“Loan Documents”).
- One time, non-refundable activation fee ranging between INR 99 to INR 399 inclusive of applicable taxes, if any. The aforesaid fee shall be applicable after ZIP has been used to pay for the first time and the first invoice has been generated. The aforesaid fee shall be
included in the Loan Documents charged by the Lending Partner.
- All charges including but not limited to activation fee, processing fee, penalties, etc., as
applicable,
will form part of the Loan Documents provided to you.
- Invoice for the amount used will be generated at the end of the month or on the 1st day of the next month.
User to repay the same within 5 days from the date of generation of the invoice. If the
invoice
amount is not paid by the User till the due date, delay penalties will be applicable based on
the amount
due & the number of unpaid days as per the Loan Documents provided below and by the Lending Partners.
Principal Outstanding (in INR) |
Bill Bounced Charges/Cycle |
Late Payment Fee/Cycle |
Overdue Charges/Daily |
Rs.101-500 |
Rs.250 |
2.5% of the Principal Outstanding (POS) |
If previous bill unpaid by due date overdue charges of 0.1% of POS |
Rs.501-1000 |
Rs.250 |
Rs.1001-2500 |
Rs.500 |
Rs.2501-5000 |
Rs.500 |
Rs.5001-7500 |
Rs.500 |
Rs.7501-10000 |
Rs.500 |
Rs.10001-20000 |
Rs.500 |
>Rs. 20000 |
Rs.500 |
Note- All the above charges are excluding GST, which will be levied additionally.
Please note that the penalty amount is calculated and charged at the time of bill generation by the Lending Partner.
- Facility eligible for pre-payment may be prepaid by making payment of the principal outstanding
amount
along with proportionate annual percentage rate during the cooling-off period (as defined by the
relevant Lending Partner) without any penalty by raising a request and sending a message on the
MobiKwik
platform. Terms and conditions of prepayment will be mentioned in the Loan Documents.
- MobiKwik may offer certain additional benefits on paying via ZIP Services including but not
limited to cashbacks or instant discounts subject to the User setting up MobiKwik Wallet
and undertaking KYC. The User agrees to create his/her MobiKwik Wallet prior to
undertaking ZIP Services.
- Zip Services are provided as a credit line via one of the Lending Partners. You consent to
MobiKwik
sharing your basic details with the Lending Partners who reserve the right to use such
information with
your explicit consent, to approach, make enquiries, obtain information, from any person
including other
banks/finance entities/credit bureaus, to assess your track record, credit risk, or for
establishing
contact with the borrower. You have the right to deny consent for use of specific data, restrict
disclosure to third parties, revoke consent already granted for collecting your data and make
the
MobiKwik application delete/forget your data. If you wish to do any of the aforesaid, you may
refer to
MobiKwik’s privacy policy and get in touch with us on the MobiKwik platform. You
may choose to delete your account at any point of time by contacting us on the details
mentioned in the privacy policy. With this we will no longer provide your data for
external processing. However, in all cases we retain your personal data as long as the
purpose for its usage exists, after which the same is disposed off by us except for any
record retention required as per applicable law. The provisions of various laws require
your transaction logs to be stored for longer periods post the deletion of an account.
Further, in the event of the pendency of any legal / regulatory proceeding or receipt of
any legal and / or regulatory direction to that effect, we may be required in accordance
with applicable laws to retain your personal data for longer periods.
- In case a User delays the repayment, it will be reported to the bureaus as non-payment. This
will
adversely impact the User’s credit score, thus reducing the User’s chances of credit
and
loan approvals in future.
- Limit of this facility may be frozen if the User fails to make payment by the due date and no
further
transaction will be allowed using Zip Services.
- MobiKwik and/or the Lending Partner will share the repayment schedule as part of the Loan
Documents at
the time of sanction and the User agrees to abide/agree to it.
- Your credit limit may be increased by the Lending Partners pursuant to obtaining your explicit
consent
for the same.
- User shall pay all dues for total outstanding via payment modes shared by the Lending Partners.
- The validity of the Zip by MobiKwik account is 1 year and is subject to auto renewal after one
year.
- By clicking on the tab/ button/ checkbox of "I Accept" or any other button/ checkbox
of
similar nature: (i) You confirm that You are eligible under Applicable Law to avail the
Facility, (ii)
You consent to avail and use the Facility as per the terms and conditions of these Facility
Terms and
Loan Documents; and (iii) You consent to receive communications, notices and information from
MobiKwik
and our business partners, service providers, authorized third parties etc. (whether through
SMS,
emails, phone calls, automated phone calls or by any other means). Electronic communications
shall be
deemed to have been received by you when MobiKwik sends the electronic communication to the
email
address/ mobile number/ details provided by you or any other third party. You agree that you
will not
hold MobiKwik or its business partners/ service providers/ authorized third parties responsible
for any
such communications received from MobiKwik/ our business partners/ service providers/ authorized
third
parties, nor will any such communication amount to spam, unsolicited communication or a
violation of
user registration on the national do not call registry.
- User acknowledges and agrees that merely by accessing the MobiKwik platform or applying for the
credit
facility, User would not be entitled to avail the facility. Lending Partners would determine
User
eligibility to avail the facility, and in this regard, User to provide certain information and
documents
as may be required by the Lending Partners as per its policies.
- For the purposes of ascertaining User’s eligibility to avail the facility, the Lending
Partners
shall have the right to, evaluate and examine: (i) the information and documents provided by
User at the
time of availing the facility; and (ii) the information and documents available with the
MobiKwik prior
to User application for availing the facility with the User’s consent; (collectively,
"User
Information"). User acknowledges and agrees that the User Information may be transferred to
and
used by MobiKwik and/or MobiKwik's affiliates, agents and third party service providers and
Lending
Partners that are engaged by MobiKwik for the purposes of facilitating extension of the
facility,
including for the purposes of determining User eligibility to avail the facility, facilitate
collection
of dues, determining the quantum of the facility that may be availed by User and the repayment
schedule
("Repayment Schedule") that may be offered to the User. While undertaking such
evaluation,
Lending Partners, shall have the right to evaluate such other information and documents
concerning User
that is available with it, as it deems appropriate. At all times, your information will be
treated by
the Lending Partners and MobiKwik, as the case may be, in accordance with applicable law,
these
terms and conditions and privacy policies.
- MobiKwik reserves the right to, and stores user data for a minimum period of 10 years.
MobiKwik ensures strong access control mechanisms and layered encryption to ensure
and maintain the confidentiality, integrity and availability of the data which prevents
misuse, tampering, unauthorised access, modification or disclosure of the same. The
same is attested by third-party independent auditor/auditor(s) on periodic and need-to-
know / adhoc basis as per regulatory and compliance requirements. MobiKwik strictly
urges Users not to share their passwords, credentials, OTPs and other sensitive
information with anybody. MobiKwik doesn't and shall not ask the Users for the same.
The card data security is in adherence with the PCI-DSS. While MobiKwik is committed
to provide its Users a safe digital experience and observes reasonable security measures
to protect User's data, however there might be reasons outside of the MobiKwik's
control affecting User’s data.
- MobiKwik shall maintain necessary records in respect of the facility entered into by User and
amounts
due in respect of the facility. User agrees that such records as maintained by MobiKwik shall be
sufficient proof of the transactions entered into by the User as per applicable laws, which User
shall
not dispute.
- User acknowledges and agrees that MobiKwik may stop (permanently or temporarily) accepting the
facility
as a payment option for products, at its sole discretion, without prior notice to the User. User’s
discretion to stop using the facility for payment shall not affect the User’s obligation
to repay
the amounts due and payable by the User as per these facility terms and Loan Documents.
- User acknowledges and agrees that the Lending Partners may cancel/ suspend/ terminate the
facility
(whole or part) at any time, with or without prior notice to User. Any outstanding amounts to be
paid to
the Lending Partners by User, under the Facility, shall continue to be governed by these
facility terms
and Loan Documents.
- User warrant that all the User Information provided by User for availing the facility, shared by
User
with MobiKwik, is accurate and up to date. MobiKwik can verify the User Information shared by
User and
communicate to the Lending Partners regarding refusal to extend the facility.
-
User agrees to use the Facility only for purposes that are permitted by these facility terms,
Loan
Documents and any applicable law as amended from time to time.
-
User acknowledges and agrees that MobiKwik shall have the right to facilitate collection of the payments due
under the
Facility on behalf of its Lending Partner(s), either directly or through agents or third
party
service providers
-
Website links of the Lending Partners are listed below for your ease of access and
reference:
IDFC: https://www.idfcfirstbank.com/personal-banking/adlp/digital-lending-partners/one-mobikwik
Lendbox: https://www.lendbox.in/channel-partner-investor
HFCL: https://www.herofincorp.com/
-
Details of Nodal Grievance Officer are as under:
MobiKwik:
Name: Prashant
Gandhi
Email ID: nodal@mobikwik.com
Address: One MobiKwik Systems
Limited
Unit No. 102, 1st Floor, Block-B, Pegasus One, Golf Course Road, Sector-53, Gurugram 122003
IDFC FIRST Bank:
Name: Ms. T Arora
Designation: PNO
Address: IDFC FIRST Bank Ltd., Building No. 2, Raheja Mindspace, MIDC Industrial Area,
Shiravane, Juinagar, Nerul, Navi Mumbai 400706, Maharashtra, India
Customer Care Number: 1800 10 888
Email Id: Banker@idfcfirstbank.com / head.customerservice@idfcfirstbank.com
Hero FinCorp Ltd:
Name: Ms. Monica Arora
Designation: Grievance Redressal Officer
Address: A-44, Mohan Co-Operative Industrial Estate, Mathura Road, New Delhi – 110044
Contact Number: 0124-3633945(9:30 am to 6:30 pm)
Email Id: nodal.officer@herofincorp.com
- Without prejudice to MobiKwik rights under applicable law, User understands and agrees that as
permitted
by the Lending Partners, in the event of User inability to repay the facility amount due and
payable, or
any other breach of these facility terms, MobiKwik on behalf of its Lending Partners would be
entitled
to facilitate recovery of the amounts due in respect of the facility in any manner as they deem fit,
and take
or request any third party to take such other measures in this regard, including but not limited
to
limiting/ terminating access to MobiKwik platform.
- User acknowledges and agrees that after opting for the facility, MobiKwik would send statement
(or
statements in respect of such other periodicity as is determined by MobiKwik) of the facility
availed
and outstanding, to User's email address and/or phone number registered with MobiKwik, its
service
provider and/or authorized third parties. In addition, MobiKwik either directly, would also have
the
right to send User alerts, reminders, or other communications regarding instalments/ payments
due and
payable as per the invoice. For the said purposes, the mode of communication may be determined
by
MobiKwik and such mode of communication may include phone calls, SMS, in-app messages and push
notifications, in-app chat, and/or through the customer service call line, as the case may be,
or any
other mode of communication as may be decided by MobiKwik.
- FORCE MAJEURE
MobiKwik shall not be held liable for any delay of or failure to comply with
any of
the terms of this Facility Terms, nor shall any such delay or failure be deemed a default when
such
delay or failure has been caused primarily by any circumstances beyond the reasonable control
and
without the fault of MobiKwik affected, including but not limited to fire, war, insurrection,
government
restrictions, act of terrorism, computer system failure or act of God or such other event which
is
beyond the control of MobiKwik ("Force Majeure Event"), provided that such affected
Party uses
due diligence to mitigate the effects of the Force Majeure Event on the performance of its
obligations
under this facility terms.
- Indemnification
- MobiKwik shall not be responsible or liable for any loss or damage, howsoever caused or
suffered by User arising out of the use of the facility or inability to repay the
facility or due to failure to facilitate provision of the facility to User for any
reason whatsoever including but not limited to User's non-compliance with the facility
terms, Loan Documents, User’s lack of eligibility under these facility terms, partial or
total failure of any network terminal, data processing system, computer telecom
transmission or telecommunications system or other circumstances whether or not beyond
MobiKwik's control or the control of any person or any organization involved in the
above mentioned systems.
- MobiKwik will not be liable for and hereby disclaims any and all liability arising out
of or related to damages of any kind (including bodily injury/harm and death) arising
from the use of the facility offered including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
- MobiKwik shall not be liable for any content on the MobiKwik platform that User may find
indecent, offensive or objectionable. User shall use the Facility at his/her own risk.
- User agrees to indemnify and keep MobiKwik, its affiliates and licensors against all
costs, expenses, damages, losses and liabilities incurred or suffered by MobiKwik or its
affiliated companies and licensors related to any content posted or transmitted by User
during the use of the facility or the MobiKwik platform and/or for using the Facility in
contravention of applicable laws, these facility terms and the Loan Documents.
- Conflict
In the event of any contradiction or inconsistency between these facility terms
and any
other terms of use or privacy policy of MobiKwik, these facility terms shall prevail unless the
exception has been expressly agreed to in writing.
- Disclaimer
MobiKwik and its representatives, officers, employees, agents and contractors
shall not
be liable for any loss, damage, claim, expense, cost (including legal costs) or liability
arising
directly or indirectly from your use or non use of the facility and the products, or your
reliance
upon the facility or the information contained on the MobiKwik platform (whether arising from
MobiKwik
or any other person's negligence or otherwise).
- Governing law and dispute resolution
(a) These terms shall be governed by, and construed in accordance with, the laws of India,
without reference to principles of conflicts of law. The Courts of Gurgaon shall have
exclusive jurisdiction over any dispute arising from or relating to these terms and/or in
relation to the facility.
(b) You expressly consent to the jurisdiction of said Courts and waive any objection to such
personal jurisdiction based on forum inconvenience or any other basis.
- SETTLEMENT OF DISPUTES AND GOVERNING LAW
Any differences or disputes arising out of or
relating to
these terms shall be settled amicably in the first instance. Unresolved disputes or differences
shall be
referred to a sole arbitrator, who shall be appointed by MobiKwik only and User shall have no
objection
to the same. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or
any
statutory modification or re-enactment thereof and the Rules made there under and for the time
being in
force. The award of the arbitrator shall be final, conclusive and binding on the parties. The
venue of
such arbitration proceedings shall be Gurgaon and shall be conducted in the English language
only. Laws
of India shall govern these terms, the documentation pursuant hereto and Courts in the City of
Gurgaon
having exclusive jurisdiction over all aspects governing the interpretation and enforcement of
these
terms and other documentation pursuant hereto.
- Bureau Partner Terms of use: In connection with submission of the application
for my
credit information ("Consumer Credit Information") offered by CRIF High Mark
("CIC")
through One MobiKwik Systems Limited (referred to as the "Company") and delivery of
the
Consumer Credit Information to the Company, I hereby acknowledge and agree to the following:
- The Company is my lawfully appointed agent and he/ it has agreed to be my agent for the
purposes, including, without limitation, to receive the Consumer Credit Information from
CIC on my behalf on a monthly frequency for a period of 12 months and use it in the
manner consistent with the Agreement entered into between the Company and CIC, and the
Company has granted its consent for being appointed for the aforesaid purpose.
-
I grant my unconditional consent to the Company to receive the Consumer Credit
Information from CIC on my behalf and use it in the manner consistent with the
consistent with the Agreement entered into between the Company and CIC, as the case may
be, and the Company has granted its consent for being appointed for the aforesaid
purpose. I hereby represent and acknowledge that the Terms of Understanding in relation
to the use of the Consumer Credit Information has been agreed between me and the
Company.
-
I hereby expressly grant unconditional consent to, and direct, CIC to deliver and/ or
transfer my Consumer Credit Information to the Company on my behalf.
-
I shall not hold CIC responsible or liable for any loss, claim, liability, or damage of
any kind resulting from, arising out of, or in any way related to: (a) delivery of my
Consumer Credit Information to the Company; (b) any use, modification or disclosure by
the Company of the contents, in whole or in part, of my Consumer Credit Information,
whether authorized or not; (c) any breach of confidentiality or privacy in relation to
delivery of my Consumer Credit Information to the Company; (d) for any use made by the
Company which is contrary to the Agreement entered into between the Company and CIC
-
I acknowledge and accept that: (a) CIC has not made any promises or representations to
me in order to induce me to provide my Consumer Credit Information or seek any consent
or authorization in this regard; and (b) the implementation of the Agreement between CIC
and the Company is solely the responsibility of the Company.
-
I agree that I may be required to record my consent/ provide instructions electronically
and in all such cases I understand that by clicking on the "I Accept" button below, I am
providing "written instructions" to Company authorizing Company to obtain my Consumer
Credit Information from my personal credit profile from CRIF High Mark. I further
authorize Company to obtain such information solely to confirm my identity and display
my Consumer Credit Information to me. Further in all such cases by checking this box and
clicking on the Authorize button, I agree to the terms and conditions, acknowledge
receipt of CIC privacy policy and agree to its terms, and confirm my authorization for
Company to obtain my Consumer Credit Information.
-
I understand that in order to deliver the product to me, I hereby authorize Company, to
obtain my Consumer Credit Information from CIC.
-
By submitting this registration form, I understand that I am providing express written
instructions for Company to request and receive information about me from third parties,
including but not limited to a copy of my consumer credit report and score from consumer
reporting agencies, at any time for so long as I have an active Company account. I
further authorize Company to retain a copy of my information for use in accordance with
Company's Terms of Use and Privacy Policy.
-
I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS AND CIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
-
I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge CIC, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Releasee"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have against the Releasee with respect to the submission of my Consumer Credit Information and/ or my decision to provide CIC with the authority to deliver my Consumer Credit Information to the Company. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against CIC L by third parties arising from and in connection with this letter.
-
I agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof. CIC is entitled to assign its rights hereunder to any third person without taking my prior written consent.
Consumer Consent for accessing Consumer Credit Information Report {CIR)
I hereby appoint One Mobikwik Systems Ltd_ (hereinafter referred as "Company"), having its
registered office at Unit No. 102, 1st Floor, Block-B, Pegasus One, Golf Course Road, Sector-53,
Gurugram,
Haryana-122003, India, as my lawful agent to receive my credit report/credit history ("Credit
Information") from Credit Information Companies ("CICs").
I further authorize the Company to share with ClCs, my personal information/details to procure my
Credit
Information on a monthly frequency and use the same to facilitate provision of Facility to me
("Purpose").
I understand and acknowledge that the CIC shall not be liable under law or equity, in any manner
whatsoever,
for providing my Credit Information to the Company and I will not raise any claim or objections
against the
CIC.
I confirm that this consent is given by my free will and not due to any solicitation by any
person/entity.
This consent/authorization shall be valid for (i) a maximum period of 06 (six) months, from the date
of
giving the same, (ii) satisfying the Purpose or (iii) until I withdraw my consent at any time, by
informing
the same to the Company, at their registered office address, website, assigned email id or mobile
application, whichever is earlier.
I also consent to the CRIF High Mark Credit Score Terms of Use.
More T&C