Happy Terms & Conditions

This Agreement sets forth the terms and conditions that apply to the access and use of the Happy’s Website, Mobile Application (collectively be referred to as "Website") which is managed and operated by Happy Loan Management Pvt Ltd. Previously known as Arthimpact Finserve Private Limited (hereinafter collectively be referred to as "Company"/ "Happy"), incorporated under the laws of India and registered under the Companies Act, 1956.

This document/agreement (referred to as “Agreement”) is an electronic record in terms of Information Technology Act, 2000 and 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 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.

CUSTOMER DUE DILIGENCE

Company may undertake client/customer due diligence measures and seek mandatory information required for KYC purpose which as a customer you are obliged to give while facilitating your request of loan/credit card/mutual fund and other financial product requirements with the banks/financial institutions, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules.

You agree and authorize Company to share your data with Statutory bodies /rating agencies/ credit bureaus /banks/financial institutions, governmental/regulatory authorities.

FEES, CHARGES AND TAXES

Company may charge up to 3% facilitation fee/processing fee/platform/convenience fee to provide services requested by you. Details of the same shall be available during the completion of customer journey on website.

You shall bear all applicable taxes if the Fees are subject to any type of goods and sales tax, income tax, duty or other governmental tax or levy.

ELIGIBILITY

You 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 by the Company.

GROUP INSURANCE POLICY

Company may further offer you group insurance coverages from Insurance partners for which Happy shall be the Master Policy Holder ("MPH") provided you are a customer of the Company. Such insurance coverage shall be governed by terms & conditions of Insurer and as per the guidelines issued by the Insurance Regulatory and Development Authority of India ("IRDAI").

INDEMNITY

You indemnify and hold Company (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of Terms & Conditions, your violation of any law or the rights of a third party, or your use of the Website.

LICENCE AND ACCESS

You acknowledge and agree that Company owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company’s prior written consent.

By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Company shall not be responsible for any content you make available on or through the Website. At Company’s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content, you submit or make available on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

LIMITATION OF LIABILITY

You expressly understand and agree that the Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not 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 Company has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.

Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Facilitation/ Processing/Convenience/Platform fees paid by you to the Company in connection with such transaction(s)/ Services on this Website, if applicable.

PRIVACY POLICY

By using the Website, you hereby consent to the use of your information as we have outlined in our Privacy Policy. This Privacy Policy explains how Company treats your personal information when you access the Website and use other ancillary Services. You can access the Privacy policy by visiting company’s official website.

THIRD-PARTY LINKS

Company’s Platform may refer to or may contain, links to third-party websites, applications, services and resources but it does not mean that we are endorsing such channels. We provide these links only as a convenience to You to avail certain services, the Company makes no representation or warranty of any kind regarding the accuracy, reliability, effectiveness, or correctness of any aspect of any third-party services, and consequently, the Company is not responsible for the content, products or services that are available from third-party services.

REFUND POLICY

Facilitation/ Processing/Convenience/Platform fees charged are non-refundable in case of rejection of loan application by the Bank / Financial institution or rejection of loan by the applicant.

GOVERNING LAW AND DISPUTE RESOLUTION

All the disputes shall be governed by the laws of India and the courts of India. In case of any disputes, you irrevocably consent to the exclusive jurisdiction of courts of New Delhi, India to resolve any dispute arising from the Agreement or your use of the Website or ancillary services.

If any dispute arises between the parties hereto during the subsistence or thereafter, in connection with or arising out of this Agreement, such dispute shall be referred to an arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent modification or reenactment thereof and will be settled by arbitration to be held in New Delhi in English language.

AMENDMENT AND ASSIGNMENT

Company reserves the right to amend, revise or modify these Terms & Conditions at any time without prior notice to You. Such amended Terms & Conditions shall be binding on you from the time they are posted on the Website.

You shall not assign your rights or obligations as per these Terms & Conditions without prior written consent of the Company.

SEVERABILITY

If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

WAIVER

The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions will be effective only if it is in writing and signed by the Company.

ENTIRE AGREEMENT

These Terms & Conditions constitute the entire agreement between you and the Company regarding the use of the Website and any ancillary services and supersede any prior agreements between you and the Company regarding the same.