Legal

TERMS OF USE

Redcarpet Tech Private Limited, a company incorporated under the laws of Republic of India bearing CIN U74999HR2016PTC064093 (‘RedCarpet or Company’) is authorised to operate the insert name of application. The terms “we”, “us” and “our” refer to the Company. By accessing or using the Application the User signifies that he has read, understood and agrees to be bound by these terms and conditions (“Terms of Use”) and any other applicable law, whether or not the User is a registered member of the Application. ‘Users’ as used herein shall mean anyone who uses or accesses the Application, on any computer, mobile phone, tablet, console or other machine (collectively and individually referred to as ‘Device’) or who avail Services (defined below) based on the Application.

The Terms of Use along with the Privacy Policy apply, without exception, to all Users.

1. Adherence to Terms of Use
By accessing the Application, User agrees to abide by these Terms of Use. The User confirms that the User: (i) is an Indian national residing in India at the time of accessing the Application and has an Indian registered mobile number (ii) is at least 18 years of age and that the User possesses the legal right and capacity to understand and agree to the Terms of Use; and (iii) shall use the Services offered only for a lawful purpose and in accordance with the Terms of Use. If User does not agree with any of these Terms or is a minor, the User should not use the Application

2. Revision of Terms and Application RedCarpet may revise these Terms of Use at any time without notice by updating this posting. Accordingly, the Company encourages the User to peruse the Terms of Use each time the User visits or uses the Application. User’s continued use of the Application after such modifications have been made will constitute User’s acceptance of such revised Terms of Use. RedCarpet also reserves the right to change or discontinue any content or feature of its Application at any time, as RedCarpet deems fit.

3. Copyright Policy and Restrictions on Users

3.1 The contents of the Application including any software, text, images, graphics, video and audio, reports generated, trademarks, trade names (‘Application Content’) are the exclusive property of RedCarpet, its affiliates or licensors. No Application Content may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from the Company. Such written permission may be conditional and or require payment of monies. All rights not expressly granted herein are reserved. Unauthorized use of the Application Content may violate copyright, trademark and other applicable laws, and could result legal action and liability.

3.2 RedCarpet grants User a limited, personal, non-exclusive and non-transferable license to use and display the Application Content only on User’s personal computer/mobile/tablet and only for purposes associated with User’s interaction with the Application. Except as stated herein, User shall have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the Application Content in any manner. This limited license shall terminate automatically, without prior notice to the User, if User breaches any of these Terms of Use. Upon notice of termination, User must immediately destroy any downloaded and printed materials. User has no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Application Content contained therein and User agree not to “frame” or “mirror” the Application, any material contained on or accessible from the Application on any other server or Internet-based device without the advance written authorization of RedCarpet. Such written permission may be conditional and or require payment of monies.

3.3 In RedCarpet efforts to promote good user behavior on the internet, if RedCarpet becomes aware of inappropriate use of the Application or any of Application Content, RedCarpet will respond in any way that, in its sole discretion, RedCarpet deems appropriate. User acknowledges that RedCarpet will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any report(s) it may receive of such conduct. When requested, RedCarpet will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

4. Services

4.1 RedCarpet offers the following services to the Users of the Application (‘Services’): i. Facilitate the execution of the loan agreement between the User and the Financing Partner; ii. Payment to the on-line merchants of various Products with whom RedCarpet partners (‘Merchants’) purchased by the User, using the down-payment made by the User and the funds sanctioned by RedCarpet’s financing partner (‘Financing Partner’); iii. Collection of the EMI as determined by the Financing Partner from the User; iv. Creation and maintenance of User’s account with respect to the Product purchased, loan availed, repayments of the principle amounts and interest on the loan availed by the User. RedCarpet shall be free to modify the above mentioned Services with prospective effect at its sole discretion.

4.2 By using the Application, RedCarpet assists the User to gain access to various credit schemes for purchase of goods or services offered by Merchants (‘Products’). RedCarpet does not in any way guarantee to find a suitable financing partner for the User.

4.3 Upon completion of its risk assessment with respect to the User, RedCarpet shall choose a suitable financing partner for the User and shall facilitate the execution of a loan agreement between the financing partner and the User. Provided however, RedCarpet does not in any manner guarantee to find a suitable financing partner for the User.

4.4 If the User agrees to buy the Products, the User may if applicable be required to pay a token amount as down-payment to RedCarpet or the Financing Partner, as the case may be after which the remaining cost will be paid by the Financing Partner to the Merchant whose Product the User has purchased. Such funding by the Financing Partner shall be in consideration of the User promising to repay the amount along with certain charges determined by the Financing Partner based on the creditworthiness of the User and as set forth in a separate loan agreement entered between the Financing Partner and the User.

4.5 Details of the approved credit limit sanctioned to the User by the Financing Partner shall be available on the User’s registered account on the Application. Subject to such approved credit limit and the terms of the separate loan agreement entered between the Financing Partner and the User, the User may be allowed to obtain disbursements from the Financing Partner.

4.6 RedCarpet reserves the right to refuse any loan request or cancel an approved loan at any time, for reason including creditworthiness, the User’s history of transactions on the Application, the Merchant’s account history or any other reason. In the event the User violates the Terms of Use, RedCarpet reserves the right cancel transactions at any time before a Merchant delivers the Product or any part thereof.

4.7 RedCarpet shall be free to collect information or make inquiries, directly or indirectly in order to validate the identity of the User or to determine the creditworthiness of the User. The User consents to RedCarpet using and sharing the information provided by the User in relation to the Services.

4.8 By availing the Services of RedCarpet, the User gives its express consent to RedCarpet to investigate the credit record and/or obtain credit reports for reviewing the credit application of the User. The User is aware that information about the User’s account on the Application such as late payments, defaults may be shared by RedCarpet with credit reporting agencies.

4.9 By accepting the Terms of Use, the User agrees and consents to him being contacted by RedCarpet or any of its agents in any manner including but not limited to at the physical address provided at the time of registration of his account on the Application, text messages, through telephone (calls using prerecorded messages or artificial voice), calls and messages delivered using auto telephone dialing system or an automatic texting system, notifications sent via the Application etc.

4.10 The down-payment by the User or the automatic monthly EMI shall be made using the accepted payment methods defined time to time in the Application.

4.11 Access to the Services may be slowed, unavailable, delayed due (amongst other circumstances) to any of the following: i. network, software or hardware failure; ii. government or regulatory restrictions; iii. interruption due to power failure or other utility service;
iv. overload on the systems.

4.12 The Fees Schedule for the Services availed, either from RedCarpet or Financing partner shall be provided to the User at the time of credit processing.

4.13 The User may at any time close his account by contacting support@redcarpetup.com. Upon closing any pending transactions may be cancelled by RedCarpet. In case the User owes amounts to RedCarpet or the Financing Partner such account shall not be closed until all pending payments are made and during such period, the User shall not be allowed to avail any Service or buy any Product.

4.14 In the event the User does not use his account for one year, RedCarpet may close such account but may retain information submitted by the User in accordance with the applicable law and the Privacy Policy.

4.15 RedCarpet shall not be required to mediate or get involved in any dispute between the User and any third party.

4.16 In order to use the Application, the User shall be required to use a Device which is compatible with the android, iOs or Windows Operating System.

5. User Conduct and Obligations

5.1 User shall create an account on the Application for the purposes of availing the Services and purchase of Products listed on the Application. User shall at all times be responsible for the confidentiality of the account and the password and all activities from such account. User shall immediately notify RedCarpet in the event of any unauthorized use of passcode or account or any other breach of security.

5.2 User shall at all times while accessing the Application and logging into its account ensure that logs out from the account at the end of each session.

5.3 User acknowledges that deletion of account does not constitute termination of account and the User shall follow the process detailed herein for closure of account and shall not terminate its obligations to the Financing Partner or RedCarpet, if any.

5.4 User undertakes to assure that the Application shall be used for lawful purposes only and that the User will not violate any applicable law, rule or regulation or any contract or order or judgment by which it may be bound.

5.5 User represents and warrants that information provided at the time of registering of its account on the Application including telephone numbers and/or email addresses and any other information, is true, authentic, accurate and complete and is its personal information and not information of any other person. User shall also be responsible for updating its information on the Application as and when there is any change in the information submitted.

5.6 User represents and warrants that all documents (financial or personal) submitted by the User are genuine and authentic documents. Further that documents submitted have not been altered or tampered in any manner.

5.7 User represents and warrants that it shall not at any time use an account on the Application that belongs to another person. h. User shall not in any way damage or interfere with the Services and shall not expropriate any data or information from the Application.

5.8 User shall at all times be responsible for maintaining the secrecy of his account information.

5.9 User acknowledges that all operations emanating from the User’s Device shall be assumed to be initiated by the User. In the event of the Device being stolen or lost, the same may be communicated to RedCarpet and the account of the User may be blocked by RedCarpet upon request by the User. User acknowledges that RedCarpet shall not in any way be responsible for any loss to the User on accounts of misuse of Device whether on account of it being stolen, lost or otherwise. User shall make best endeavor to communicate misuse of the Device to RedCarpet as soon as practicably possible.

5.10 User will be required to submit personal and financial information, which will be collected and maintained by RedCarpet in accordance with its Privacy Policy. RedCarpet shall not in any event be responsible for any disclosure of information and/or loss to the Device due to negligence of the User or failure to practice safe computing methods.

5.11 Without prejudice to the generality of the above, the User confirms that it will not: i. post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component; ii. delete from the Application any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; iii. use the Application in any manner that could damage, disable, overburden, impair, harm or potentially harm RedCarpet ’s server, or any network, computer system / resource connected to a RedCarpet server, or interfere with any other person’s use and enjoyment of the Application; iv. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service; v. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to the Application; vi. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application; or vii. make or attempt to make any change, modification or enhancement, of whatsoever nature, in any manner to the Application.

5.12 The Application is independent from any platform on which it is located and is not affiliated, sponsored endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an ’Operator’). The use of the Application by the User in any way including download, installation, access to or use of the Application is also bound by the terms and conditions of the Operator.

6. Disclaimer

6.1 User’s use of this Application is at its own risk. The Application may include inaccuracies or errors that may affect the quality of the materials on the Application. The materials have not been independently verified or authenticated in whole or in part by RedCarpet. RedCarpet does not warrant the accuracy or timeliness of the materials. RedCarpet has no liability for any errors or omissions in the materials, whether provided by RedCarpet or third parties.

6.2 RedCarpet shall make reasonable efforts to make available the Application to the User. Provided however, RedCarpet makes no warranty with respect to the Application meeting the User’s requirement and as to the results that may be obtained from the use of Application or as to the accuracy, reliability and/or quality of the output derived from the use of the Application

6.3 THIS APPLICATION IS PROVIDED TO THE USER ON AN “AS IS” AND “WHERE-IS” AND “AS IT IS” BASIS, WITHOUT ANY WARRANTY. RedCarpet, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS APPLICATION, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE APPLICATION INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE APPLICATION. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

6.4 IN NO EVENT SHALL RedCarpet OR ANY OF ITS AFFILIATES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR INFORMATION), ARISING FROM OR CONNECTED WITH THE APPLICATION (INCLUDING BUT NOT LIMITED TO, USER’S USE OF THE APPLICATION OR USER’S INABILITY TO USE THE APPLICATION), EVEN IF RedCarpet HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.5 Without prejudice to the generality of the above, User understands that RedCarpet shall have no responsibility for: i. any damage to User’s computer system or loss of data that may result from the download of any content, materials, information from the Application; and ii. loss of confidential information of the User due to event beyond the control of RedCarpet such as internet failure, hacking, viruses or other malicious software attacks or infections.

7. Indemnity User agrees to indemnify, defend and hold RedCarpet and its affiliates harmless from and against all claims, losses, liabilities, damages and costs, including reasonable attorneys’ fees, arising out of or relating to (i) breach of representation or warranty or covenant or the Terms of Use; and (ii) any misuse by the User of the content and information provided on the Application.

8. Privacy RedCarpet values User’s privacy and is accountable and responsible for protecting User’s privacy. For more details, please see Privacy Policy of RedCarpet. This Privacy Policy forms a part and parcel of these Terms of Use.

9. Links to Third Party Applications The Application may contain links to third-party websites/applications. RedCarpet shall not be responsible for the content on such third party websites/applications and access to such content shall be governed by the terms and conditions, and policies on such third party websites/applications. RedCarpet is not responsible for the practices of such third party websites and the User must go through the terms and conditions and policies on such third party websites/applications before choosing to access such websites/applications.

10. Termination RedCarpet may at any point in time terminate the use of the Application with prior notice to the User and upon receipt of such notice the User shall cease to use the Application and all rights and licenses granted to the User shall cease. Upon notice of termination, User must immediately destroy any downloaded and printed materials. User has no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Application Content contained therein and User agree not to “frame” or “mirror” the Application, any material contained on or accessible from the Application on any other server or Internet-based device without the advance written authorization of RedCarpet. Such written permission may be conditional and or require payment of monies.

11. Waiver Any failure by RedCarpet to require performance by User of any terms of the Terms of Use shall not constitute a waiver and shall not in any way effect its right to full performance thereof at any time.

12. Assignment The rights, obligation, privileges of the User shall not in any event be assigned or transferred without prior written consent of RedCarpet. Any assignment or transfer in violation of this clause will be deemed null and void.

13. Severability In the event that any provision in this Terms of Use shall for any reason be determined by any court or tribunal to be illegal, invalid or unenforceable, then the remaining provisions shall not be affected, impaired or invalidated and shall remain in full force and effect and shall continue to be binding.

14. Validity The User shall be bound by the Terms of Use from registration till the account of the User is closed by RedCarpet.

15. Applicable Law and Jurisdiction Any action related to these Terms of Use will be governed by the laws of the Republic of India, without regard to the choice or conflicts of law provisions of any jurisdiction. User agrees to submit to the exclusive jurisdiction of the courts located in Delhi, India, for the resolution of any dispute arising from or related to these Terms of Use or User’s use of the Application.

PRIVACY POLICY

REDCARPET TECH PRIVATE LIMITED (‘RedCarpet’) is committed to protect the privacy of the visitors (“Users”) to its website (https://redcarpetup.com) and its mobile application on android https://play.google.com/store/apps/details?id=com.redcarpetup.rewardpay. In this privacy policy (“Policy”), RedCarpet describes how RedCarpet collects, uses, and discloses information that RedCarpet obtains and what User’s rights are in this regard.

By accessing the Application, User agrees to comply with the terms of this Policy. User’s personal information will be handled in accordance with this Policy. The Terms of Use of the Application are incorporated by reference into this Policy and are a part and parcel of this Policy.

THE INFORMATION THAT RedCarpet COLLECTS

RedCarpet collects information from the User when the User registers itself under the signup or registration section of the Application for availing then services provided by RedCarpet.

Types of Information RedCarpet Collects:

i. Personal information of the User

  1. Mandatory Personal Information- RedCarpet collects certain ‘mandatory personal information’ from the User at the time of registration on the Application to enable the login to the Application, verify the User’s identity, determine the User’s eligibility for taking loans using its proprietary technology and safeguard against unauthorized and illegal activities etc. Mandatory Personal Information includes name, e-mail address, gender, date of birth, postal address, phone number, profile picture, family details, and other details of User as shared by User through an application form or email or any other prescribed medium.

  2. Optional Personal Information- In order to use the facilities and services available on the Application, the User may be required, from time to time, to provide certain additional personal information after registration on the Application, which information shall be collected only upon receiving the User’s express consent.

ii. Service Related Information RedCarpet may also collect from the User information specific to the services such as bank statements, KYC documents, personal details, family details and other information through an application form or email or any other prescribed medium.

iii. Automatic Information

  1. RedCarpet may also collect the IP address of the device used to connect to Application along with other information such as browser details, operating system used, the name of the website that redirected the visitor to the Application, etc.
  2. RedCarpet may also automatically receive and collect certain anonymous information in standard usage logs through the web server, including mobile-identification information obtained from the equivalent of “cookies and/or pixel tags ” sent to the Application, including mobile network information, standard web log information, traffic to and from the Application, tracking inside the Application and any other available information, from: a. an IP address, assigned to the device used by the User; b. the domain server through which the User accesses the App and the functions and features therein; and c. the type of device used by the User.
  3. RedCarpet may from time to time add or enhance products/services available on Application. To the extent these products/services are provided to and used by the User, RedCarpet may use the information User provides in this regard to facilitate the products/service requested. For example, RedCarpet collects queries or request of the User related to the products/services available on Application or Application and also uses User’s email address, name, nature of the question, etc. to respond to the queries. RedCarpet may also store and publish such information at its own discretion.
  4. Promotional Information The User may choose to provide RedCarpet with access to certain personal information stored by third parties like social networking sites (e.g. Facebook and Twitter). RedCarpet will have access to such information to the extent allowed by the User’s privacy settings on that site and the User’s specific authorization. In the event the User associates a User account managed by RedCarpet with an account maintained with any third party to enable RedCarpet to access certain information maintained in such third party managed accounts, the User agrees that RedCarpet may collect, store and use such information in accordance with this Privacy Policy. After obtaining the User’s specific consent to allow the Application to access the User’s SMS inbox, RedCarpet may collect relevant information from text messages (SMS) received by the Users from providers of services and/or products (including but not limited to retail outlets, financial institutions, mobile carriers and utility companies), that will enable RedCarpet to provide better access to services to the Users. Redcarpet will only access business messages that originate from alphanumeric senders.

OPT OUT MECHANISM

The User is provided an opt out option while signing up for the Application. If and when a User is desirous of having his/her name and other details removed from the records of RedCarpet, prior to availing any services from RedCarpet, they will need to submit a written request to support@redcarpetup.com regarding the same. Immediately upon receiving the User’s written request to that effect RedCarpet shall remove and/delete all such information

HOW IS THE INFORMATION SO COLLECTED USED BY RedCarpet ?

RedCarpet uses the information so collected only for the following purposes: a. to identify the User that has submitted the queries, and b. to respond to the User’s queries. c. to pull a credit report from a credit bureaus and identity verification services to facilitate banks and other financial institutions to evaluate the User’s loan request in the context of the User’s complete financial situation d. to Generating and maintaining User profiles on the App; e. to Provide personalized features; f. to Aiding financial services organizations to provide better services; g. to Facilitating collection activities as needed; h. to Maintaining regular communications with the User concerning transactions the User initiates, such as requesting information or assistance, submitting a loan request, making payments, transferring funds, etc. i. to Modifying the App from time to time to cater to the User’s interests; j. to Providing the App and the functions and features therein, efficiently ; k. to Preserve social history as governed by existing law or policy.

WITH WHOM IS THE INFORMATION SO COLLECTED SHARED BY RedCarpet ?

RedCarpet shares the User’s information so collected: a. with the relevant internal service departments of RedCarpet in respect of which the information has been asked and for the purpose of rendering services through Application; b. with the relevant persons such as NBFCs in connection with the services being rendered through the Application c. with the company that hosts Application server/data centre, which in turn is bound by confidentiality obligations towards RedCarpet with respect to any information RedCarpet shares with it; d. in order to comply with applicable law, judicial proceedings, a court order, or other legal process.
e. where RedCarpet believes that it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of RedCarpet ’s Terms of Use or Policy, or as evidence in litigation in which RedCarpet is involved. f. Where it forms part of the information RedCarpet shares with advertisers on a contract basis, subject to confidentiality provisions.

RedCarpet shall not be liable for any loss or damage that may be sustained due to a disclosure (inadvertent or otherwise) of any information (including personal information) in pursuance of a legal process.

USER’S UNDERTAKING

User undertakes, agrees and acknowledges that i. RedCarpet shall have authority to use, modify, display, distribute and create new material from the information provide through the Application to render services through the Application. ii. RedCarpet shall have authority to use the information in the manner set out in this Privacy Policy, without the payment of any fees. iii. RedCarpet shall have authority, to the extent permitted by law, to use, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through the Application. iv. In the event the User associates a User account managed by RedCarpet with an account maintained with any third party to enable RedCarpet to access certain information maintained in such third party managed accounts, the User agrees that Redcarpet may collect, store and use such information in accordance with this Privacy Policy.

THIRD PARTY APPLICATIONS

The Application may contain links to third-party websites/applications. Any access to and use of such linked websites/applications is not governed by the Policy, but instead is governed by the privacy policies of those third party websites/applications. RedCarpet is not responsible for the information practices of such third party websites/applications and the User must go through the terms and conditions and policies on such third party websites/applications before choosing to access such websites/application.

CONFIDENTIALITY AND SECURITY

RedCarpet has in place appropriate security measures including physical, electronic, and procedural safeguards that comply with the laws prevalent in India to prevent unauthorized access to, or unauthorised alteration, disclosure or destruction of information collected by RedCarpet through the Application. RedCarpet restricts access to User’s personal information only to its employees strictly on a need to know basis for providing the information that User requests and to enable credit and related transaction processing.

GRIEVANCE ADDRESSAL

In case the User seeks to access, correct, amend, or delete the personal information that the User has provided to RedCarpet or for any other queries/concerns that have not be address by the Customer Support team, the User may contact the Grievance Officer as stated below:

Grievance Officer, RedCarpet Tech Pvt Ltd. C1/622, Palam Vihar, Gurgaon 122017.

POLICY REVISION

RedCarpet may revise this Policy at any time without notice by updating this posting. User’s continued use of the Application after such modifications have been made will constitute User’s acceptance of such revised Policy.