Terms & Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: January 15, 2016
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org or C-56a/13, 6th Floor, Unity Tech Park, Sector 62, Noida, 201301, Uttar Pradesh, India.
These Terms of Service (the "Terms", and the "Agreement") are a binding contract between the user (hereinafter referred to as "you", or "your") and O2O Wealth Creators Private Limited, (hereinafter referred to as "O2O", "Company", "we", and "us"), a company incorporated under the laws of India and registered under the Companies Act, 1956. This Agreement sets forth the terms and conditions that apply to the access and use of this Website and Mobile Application including but not limited to "Incremint" (hereinafter referred to as "Mobile App"), which is owned and operated by O2O Wealth Creators Private Limited, (hereinafter referred to as "O2O/Company"), a company incorporated under the laws of India and registered under the Companies Act, 1956.
O2O reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. O2O will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
O2O, through its third party services provider(s), hereby offers you an option to link your financial accounts (hereinafter referred to as "Linked Accounts"), which would enable you to have a consolidated view of the balances lying in your Linked Accounts and tracking transactions across all your Linked Accounts. The Website/Mobile App also enables you to undertake online payments of your bills ("Bill Payment Services") through its third party services provider(s). O2O may offer additional services on certain specific Terms, from time to time, which can be activated by you at your will and consent ("Additional Service(s)").
KEY TERMS AND CONDITIONS
1. You hereby appoint O2O/its Third Party Service Providers as an agent with a limited power of attorney to access third party sites (e.g. Bank websites/Depository Participants websites) to retrieve your information, and use such information in connection with the Account Aggregator Services.
2. Our Third Party Service Providers store the user name and password for each of your Linked Accounts. However, O2O and its Third Party Service Providers respect your privacy and shall use the information provided by you solely for the purpose of providing Account Aggregator Services.
3. Data and information under Account Aggregator Service is provided for informational purposes only, and is not intended for trading or transactional purposes. In case you wish to trade or perform any transactions, you will be directed to the respective third party websites, in which case you will be abiding by the terms and conditions of the respective third party websites.
4. You hereby authorize and appoint O2O/ its third party service provider as an agent with Limited power of attorney to access your sensitive personal data or Information as defined hereinabove for providing you Account Aggregator Service, Bill Payment Services, offer/deals/cash back/discounts/ curation services and any other Additional Service(s) and use of such other information, tools, alerts, articles, views, videos, information, advices, calculators, analysis, report, data, contents, news, prices, statistics, comments, feedback, advertisement, features and functionality and other services on the Website/Mobile App Services, are hereinafter jointly referred to as "the Services," and individually as "Service".
5. O2O reserves the right at its sole discretion to make changes to these Terms, for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company reorganisation, market practice or customer requirements. Upon any change, O2O will notify the updated Terms on the Website/Mobile App or other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services.
6. You can review the most current version of the Terms at any time, by clicking the Terms & Conditions link on the login page of the Website/Mobile App.
8. Upon successful registration to the Services and payment of Subscription Fee, if applicable, your Account would be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your "Registration Information".
9. By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify O2O immediately at the customer service helpdesk, the details of which are available on the Website/Mobile App. O2O shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to O2O.
10. You shall provide true, accurate, current and complete information about yourself and the Linked Accounts and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by O2O. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the website or use of the services.
11. The Account Aggregator Service also allows you to link the accounts of your family members who might have authorized you in this regard, in which case you shall be acting under proper authorization from your family members. O2O shall not be responsible for any claim or breach of privacy, unlawful access etc. by your family members/entity.
12. Any misrepresentation in providing the Registration Information or Linked Accounts shall render the Services void ab initio, but without any recourse on O2O. O2O shall not be held responsible for any reason whatsoever if the Registration Information is incorrect at any point in time. Failure to provide accurate and complete information during registration may prohibit the use of the Account Aggregator Service.
13. O2O may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default, as part of the Services. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available. O2O may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, upon its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.
14. The alerts will be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with O2O. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. You hereby agree and consent to receive all transactional alerts at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize O2O to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers. However, sending of short messaging service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time. O2O cannot be held responsible for non-delivery or delay in delivery of SMS alerts to your mobile number.
15. You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Depending on which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email/mobile will be able to view the content of these alerts; therefore, you should take proper care to prevent any unauthorized access to the said alerts to protect your own interest.
16. While O2O would endeavor to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that O2O shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages are subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.
17. O2O reserves its right, in its sole discretion, to replace/appoint/re-appoint any or all third party service providers to ensure uninterrupted provision of Services.
18. Certain parts of the Services could be supported by sponsored links from advertisers and display O2O offers ("O2O Offers") that may be custom matched to you based on information stored in the Services, queries made through the Services, or any other information. You agree and understand that O2O will always disclose such information when a particular O2O Offer is sponsored.
19. In connection with O2O Offers, the Services may provide links to websites belonging to such advertisers and other third parties, which are beyond the control of O2O. O2O does not endorse, warrant or guarantee the products or services available through the O2O Offers (or any other third party products or services advertised on or linked from our site), whether or not sponsored, and O2O shall neither be construed as an agent or broker of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and the service provider.
20. O2O does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Website/Mobile App, are actually the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market.
21. You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via MyUniverse Website/Mobile App.
22. YOU ACKNOWLEDGE AND AGREE THAT WHEN O2O OR ITS THIRD PARTY SERVICE PROVIDERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, O2O OR ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
23. You agree that Third Party Service Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. However, you agree and understand that the amount of time taken for aggregating the information which is sought cannot be guaranteed, and the aggregator service may take time to gather the information; therefore, your patience is requested and will be required, while the information is being aggregated. You also understand that there could be a possibility that the bank/financial institution/third party website prevents O2O or its Third Party Service Providers from aggregating the Account Information. In such an event, the Third Party Service Providers would not be able to collect and provide you with the desired information. O2O shall not be held responsible in any manner whatsoever, for any such inability to access the desired Account Information.
24. DATA AND INFORMATION UNDER ACCOUNT AGGREGATOR SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING OR TRANSACTIONAL PURPOSES. IN CASE YOU WISH TO TRADE OR PERFORM ANY TRANSACTIONS, YOU WILL BE DIRECTED TO THE RESPECTIVE THIRD PARTY WEBSITES, IN WHICH CASE YOU WILL BE ABIDING BY THE TERMS & CONDITIONS OF THE RESPECTIVE THIRD PARTY WEBSITES.
25. You agree that O2O is not liable for any errors, inaccuracies or delays in the content or aggregation, or for any actions taken on reliance thereof. The services which you may be able to access through the Website are services of identified Banks or Merchants etc. The Website/ Mobile App provides links to identified Banks or Merchants etc. for your convenience only. O2O does not endorse or recommend the services of any Bank or Merchants etc. The Bank or Merchants etc. you select is solely responsible for its services to you.
26. O2O is not liable for any damages or costs of any type arising out of, or in any way connected with your use of the Account Aggregator Services or the services of the Bank, or Merchants or third party sites etc., as the case may be. There may be a situation where the use of Account Aggregator Services at the instance of the bank, merchant may result in withdrawal/cancellation/discontinuation of your Account due to any reasons whatsoever. You agree that in such an event, you will not hold O2O liable for withdrawal/cancellation/discontinuation of your Account or consequent damages or losses. You may also add information into the Website/Mobile App for accounts not available at other websites or which are not linked online to the Website/Mobile App. In such a case, you are solely responsible for the accuracy of such information.
27. You also agree and understand that data feeds, prices, rates and other similar market value information about any product or asset or property or securities or account information could be based on delayed feeds and these data or information may not reflect the real time values/actual rates.
28. By using the Services, you hereby authorize O2O and its Third Party Service Providers to access the websites of third parties designated by you specifically to link to your account on the Website/ Mobile App, on your behalf, so as to register and enable the Linked Accounts, as requested by you. O2O would act as your agent/power of attorney holder for this limited purpose. The Website/ Mobile App does not have the capability to initiate any transaction affecting your Linked Accounts or provide notices or instructions affecting such Linked Accounts. Transactions and inquiries that you may initiate on the Linked Accounts at such Bank/Merchants/third party sites are not made through the Website/ Mobile App and O2O assumes no responsibility for such transactions or inquiries. You are responsible for the fees charged by the Bank/Merchants/third parties in connection with such transactions and Linked Accounts, and you agree to comply with the terms and conditions of those accounts and use of services. If you have a dispute or question about any transaction on such website(s), you shall direct those to the respective providers of the Linked Accounts. Third party websites shall be entitled to rely on the authorizations, agency and power of attorney granted by you to O2O, under this Agreement. O2O has no relationship to, affiliation, or connection with any such third party websites available for use with the Services, except where the third party websites belong to group or associate companies wherein you hold an account. However, the Services are not endorsed or sponsored by any such third party websites/providers. You agree and understand that Linked Accounts or services and information of group/associate company are not in any manner intended as being endorsed by O2O, nor is it intended to be construed as being endorsed by O2O. You agree and understand that you can choose and avail of the services and information of any other service provider, including for undertaking any transaction or for any other investment related matter. Such services and offerings will be as per the terms and conditions agreed by and between you and the service provider offering such services.
29. You agree that O2O assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determination of any such third party website or service provider. You acknowledge and agree that the Website/ Mobile App may not maintain the same level of security against unauthorized access to your account information as the third party websites from which you have authorized O2O to retrieve information on your behalf.
30. In order to use the Bill Payment Service, you must provide all information about you, your Billing Account/Payment Account, and other information that is requested during the registration process. You will also be required to provide information regarding your accounts with Billers, when scheduling a Bill Payment or setting up a Biller with the Bill Payment Service. This information must be accurate and complete, and you agree to update registration information as necessary. Failure to provide accurate and complete information during registration may prohibit the use of the Bill Payment Service or result in errors in your requested Bill Payments.
31. You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by O2O from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. If you use Bill Payment Services and your services account is suspended or cancelled/deactivated, it may result in any scheduled payments/pending electronic payments to also be suspended or cancelled. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, O2O shall not be liable to refund the subscription fee, if any, paid either in whole or in part.
32. O2O may, at any time, terminate this Agreement with you immediately upon notice:
a) If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement).
b) If O2O, in its sole discretion, believes it is required to do so by law or regulatory authority.
c) If you are found to upload any objectionable content.
d) If you have provided false and incorrect information as a part of your Registration Information.
33. The contents of the Website/Mobile App, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programmes) and other material are the owned/licensed by/to O2O and/or its Third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. You acknowledge and agree that O2O and/or its licensors or suppliers own all rights to this Website/ Mobile App, the content displayed on the Website/Mobile App and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.
34. YOU AGREE THAT NEITHER O2O NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF O2O HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM
i) THE USE OR THE INABILITY TO USE THE SERVICES;
ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM O2O;
iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;
v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
vi) ANY OTHER MATTER RELATING TO THE SERVICES.
35. NIETHER O2O NOR ANY OF ITS AFFILIATES , DIRECTORS , OFFICERS OR EMPLOYEES, WILL BE LIABLE OR HAVE ANY RESPONSIBILTY OF ANY KIND FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE THAT YOU MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE/MOBILE APP, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE/MOBILE APP OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR from any other cause relating to your access to, inability to access, or use of the Website/Mobile Application or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Website/Mobile App or of any vendor providing software or services support. In no event, will O2O be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind.
36. IN ALL CASES, THE MAXIMUM LIABILITY, IF ANY, SHALL BE RESTRICTED TO THE EXTENT OF SUBSCRIPTION FEES, IF ANY PAID BY YOU, TO O2O FOR USE OF SERVICES WHICH ARE OFFERED BY O2O. UNDER NO CIRCUMSTANCES SHALL O2O BE LIABLE FOR YOUR USING THESERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER.
37. O2O reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty eight) hours notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website/Mobile App or maintain the security and integrity of the Services. You agree that O2O will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
38. You agree that you will not:
a) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website/Mobile App, or any portion of the Website/Mobile App, without O2O's express written consent, which may be withheld at O2O's sole discretion.
b) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile App, other than the search engines and search agents available through the Services and other than generally available third party web browsers (such as Microsoft Explorer).
c) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website/Mobile App or the Services.
d) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website/Mobile App or the Services.
39. Your right to use the Services is personal to you; therefore, you agree not to resell or make any commercial use of the Services.
40. All product and service marks contained on or associated with the Services that are not O2O marks are the trademarks of their respective owners. O2O would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply O2O's endorsement, sponsorship or recommendation of the third party, information, product or service.
41. Neither O2O nor the Services are intended to provide any legal, tax or financial or securities related advice. You agree and understand that O2O is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimer provided on the Website/Mobile App. However O2O may facilitate the above services via any Third Party service provider/ Intermediary in the capacity of agency services.
42. Under no circumstances shall O2O and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
43. You shall not assign your rights and obligations under this Agreement to any other party. O2O may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
44. Neither O2O nor any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing and signed by O2O. No delay or omission on the part of O2O or any of its Service Providers and processor bank/merchants etc., in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
45. You agree that these Terms are the complete and exclusive statement of agreement between you and O2O and supersede any proposal or prior agreement, oral or written, and any other communications between you and O2O and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and O2O and/or the processor bank.
46. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by O2O and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
47. The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website/Mobile App is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Delhi having exclusive jurisdiction.
Last updated: July 29, 2016