THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD
IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1)
OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA
ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND
The domain name https://surplusapp.in and the associated mobile application titled ‘Surplus’
(“App”) is owned and managed by Chillar Fintech Private Limited, a company incorporated under
the provisions of the Companies Act, 2013 and having its registered office at B 103, Gokul Gagan
CHS LTD, Opp. Viceroy Park, Thakur Village, Kandivali E, Mumbai 400101 (hereinafter referred
to as “Chillar” or “We” or “Us” which expression shall, unless it be repugnant to the context or
meaning thereof, be deemed to include its successors, affiliates, and permitted assigns) and is
also an AMFI registered mutual fund distributor to facilitate web based transactions of
investments by the end customers in ICICI Prudential Liquid Fund – Growth scheme of ICICI
Prudential Mutual Fund through its investment manager ICICI Prudential Asset Management
Company Limited (“IPRUAMC”) (“Mutual Fund Scheme”).
Please read this End User License Agreement (“EULA”) carefully, as it contains the terms and
conditions governing your use of the App and any content such as text, data, information,
software, graphics, audio, video or photographs etc. that Chillar may make available through the
App and any services that Chillar may provide through the App. In order to use the App, you must
first agree to this EULA. By accessing, browsing or using the App or otherwise clicking to accept
this EULA, if and when prompted on the App, you are agreeing to this EULA and concluding a
legally binding contract with Chillar. Please do not access or use the App or otherwise click to
accept this EULA, if and when prompted on the App, if you do not agree with any of the terms
provided below or are unable to be bound by them. As a condition of your access to and use of
the App, you hereby agree that you will comply with this EULA and all applicable laws and
regulations when using the App.
Chillar reserves the right, at its sole discretion, to change, modify, add or remove portions of
EULA, at any time and will notify you at least once in a year, or whenever there is a change in the
EULA, by email or by posting a conspicuous notice on the App. Your continued use of the App
following the posting of changes shall be deemed to mean that you accept and agree to the
revisions made to the EULA. As long as you comply with this EULA, Chillar grants you a
personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the App.
You should read the EULA and access and read all further linked information, if any, referred to in
the EULA, as such information contains further terms and conditions that apply to you as a user
If you are unwilling or unable to be legally bound by this EULA, please do not use the App or
otherwise click to accept this EULA, if and when prompted on the App. You cannot accept this
EULA if: (a) you are not lawfully entitled to use the App; or (b) if you are not of legal age to
binding agreement with Chillar.
2. MEMBERSHIP ELIGIBILITY
Use of the App is available only to natural persons resident in India who can enter into
binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract”
within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents
and persons of unsound mind are not eligible to use the App. Any person under the age of 18
shall not register on App and shall not transact on or use the App. If a minor wishes to use or
transact on the App, such use or transaction may be made by the minor’s legal guardian or
parents on the App. Chillar reserves the right to terminate any person’s membership in
accordance with the terms of this EULA and/or refuse to provide such person with access to the
App if it is brought to the notice of Chillar or if Chillar discovers for itself that such person is not
eligible to use the App.
3. ACCEPTANCE OF EULA
In order to use the App, you must first agree to this EULA. You can accept the EULA by:
(a) Signing up with Chillar and logging onto Chillar by using the Login Credentials (defined
(b) Actual usage of the App. In this case, you understand and agree that Chillar will treat
your use of the App as acceptance of the EULA from that point onwards; or
(c) By clicking to accept this EULA, if and when prompted on the App.
4. OPENING AN ACCOUNT
In order to use the App, you will have to create an account by signing up on the App (“Account”),
which can be done by providing/ using the following: (a) your mobile number with One Time
Password (OTP); or (b) such other login credentials that are adopted by Chillar from time to time
and duly intimated to you. Based on the information provided by you including personal
information, your Account will be activated once the requisite Know Your Client (KYC) verification
is undertaken by IPRUAMC or such other third-party service provider as may be engaged by
Chillar for the purpose of KYC verification in accordance with applicable law, regulations and
guidelines of any regulatory / government agencies or authorities from time to time. Chillar shall
share your financial information or any other information required for the purpose of KYC
verification undertaken by IPRUMAMC or such other service provider engaged by Chillar. Upon
completion of verification, your Account will be ready for use. You shall not transfer or share your
Account information with anyone or create more than one Account.
While signing-up on the App, you shall not:
(a) create an Account for anyone other than yourself, unless such person's prior permission
has been obtained;
(b) use an Account that is the name of another person with the intent to impersonate that
Chillar cannot and will not be liable for any loss or damage arising from your failure to comply
5. USERNAME AND PASSWORD
Once registered, in order to log into the Account on the App, you will be required to provide the
following: (a) the mobile number used at the time of signing-up and One Time Password (OTP);
or (b) such other login credentials that are adopted by Chillar from time to time and duly intimated
to you for logging into the Account on the App (“Login Credentials”).
You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to
extent allowed by law, you hereby accept responsibility for all activities on the Account
authenticated through the Login Credentials, whether authorized or not. You agree to keep Login
Credentials confidential and secure, and you shall not give or make Login Credentials available,
directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow,
whether through action or inaction, a person to gain access to the Login Credentials, with or
without permission, you are authorizing that person to use the App through the Account, and you
shall be responsible for all actions that result from such access, even if you did not want the
actions performed, and even if they are unauthorized or fraudulent. Chillar shall not be held liable
in any manner whatsoever for lack of any such authorization whilst creating the Account.
Chillar cannot and will not be liable for any loss or damage arising from or arising out of your
of the App, theft of the Login Credentials, use of the Login Credentials or release of the Login
Credentials to a third party or your authorization to allow another person to access and use the
App using the Account.
In case of any misappropriation or unauthorized access of the Account, you agree to
communicate the same to Chillar immediately, in a manner indicated by Chillar. You shall further
ensure that you exit/ logout from the Account at the end of each session. Chillar shall not be
for any loss or damage arising from your failure to comply with this provision. You may be held
liable for any losses incurred by Chillar or any other user of or visitor to the App due to
or unauthorized use of the Account, as a result of your failure in keeping the Login Credentials
You agree that the information provided by you to Chillar, at all times (including during
registration), will be true, accurate, up-to-date, and complete. You further agree that if you
any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue,
inaccurate or incomplete or if Chillar has reasonable grounds to suspect that such information is
untrue, inaccurate, not up-to-date, incomplete or not in accordance with this EULA, Chillar shall
have the right to indefinitely suspend or terminate or block access to the Account on the App and
refuse to provide you access to the App. You are advised to use due caution when providing any
information to Chillar accordingly.
All users will need to register and comply with the terms of this EULA in order to be able to use
and access the services on the App, which include (a) keeping track of your expenses on a day to
day basis and having your expenses analyzed; (b) enabling investments of the surplus amount
from your spends into the Mutual Fund Scheme on the App; and (c) providing such other services
as may be made available on the App from time to time (“Services”). Chillar is not and will not be
responsible for any claim or for any damages suffered that are related, directly or indirectly, to
arising out of your use of any Service on or through the App.
Your Journey on the App as a new user
(a) In order to avail Services on the App, you will be required to choose one of your bank
accounts displayed on the App (being linked to your mobile number provided at the time
of registration) or you will have the option to add details of any other bank account
through which you may wish to avail the Services provided by the App. You will also be
entitled to add, edit or delete your bank accounts, from time to time, for availing the
Services from the App. It being clarified that the deletion of your Account on the App shall
not pause the auto debit of the investment by E-Mandate (defined below) as provided in
the succeeding paragraph, and in an event you want to pause the auto debit, you shall be
required to place a request for the same through the App.
(b) Upon selecting one or more of your bank accounts (“Bank Account”) you will receive a
request for an approval of an e-mandate for the relevant Bank Account. E-mandate is a
payment service initiated by Reserve Bank of India and the National Payments
Corporation of India and provides the underlying infrastructure for collecting recurring
payments in India (“E-Mandate”). Upon providing your approval, you understand that you
will authorise the auto debit of surplus payments to the Mutual Fund Scheme from your
Bank Account in accordance with the terms of this EULA. It being clarified that such auto
debit feature is only applicable if you are the account holder or one of the account holders
(in case of joint account) of the Bank Account. Through the service of the App, you will be
entitled to pre-set the quantum of surplus payments from your daily spends that will be
invested in the Mutual Fund Scheme. The parameters include without limitation, (i)
setting of multipliers so that a fixed amount as decided by the user is auto-debited by the
E-Mandate each time the user spends on a third-party website through the Bank
Account; and (ii) such other parameters as may be provided by Chillar from time to time,
provided the same is in accordance to the parameters as required by E-Mandate. You
hereby declare that (i) you are the rightful and correct owner of the Bank Account and
have the authority to make any monetary transactions, without any limitation to the
quantum of such transactions, from the Bank Account; and (ii) the transactions
consummated on the App will be through your own Bank Account only, with such
transactions being in compliance with all applicable laws, rules and regulations,
notifications or directives, including without limitation, anti-money laundering laws and
(c) You will also be required to provide the email address linked to the relevant Bank
Account. Upon choosing the medium prompted on the App through which you would like
to continue the sign-up process, the emails for the e-mail address selected by you shall
be accessible by Chillar for the purpose of provision of Services in accordance to the
terms of this EULA. By choosing the medium and providing such information, you hereby
authorize Chillar to (i) access your emails solely for the purpose of reading the
transactions undertaken by you in connection with such Bank Account to analyze the
spends made by yourself through the Bank Account; and (ii) transfer information in
relation to your spends from the Bank Account to any third party/ vendor engaged by
Chillar in furtherance to the Services.
Your Journey on the App as an existing user
Once you are registered on the App and have provided all the information required by Chillar for
the provision of Services, you, as a user, will be provided access to a dashboard which shall
enable you to access and view:
(a) your spend analysis in the form of an online ledger which
reflects the spends made by you through your various Bank Account; and
(b) in a single platform
all the investments made by you in the Mutual Fund Scheme through your Account on the App.
Chillar shall also maintain a record of your information with respect to the Services
intended to be availed by you through the App.
(a) This Service is designed to help you keep track of your expenses incurred within a
particular period. Due care is taken to ensure that each user’s transactions using this
Service is kept discreet, with the requisite details being visible only to the relevant
You agree and understand that such Service is provided by Chillar by accessing emails
from the relevant bank for your Bank Account. Chillar hereby represents and warrants
that Chillar shall only read emails pertaining to your spends from the relevant Bank
Account and shall not try to access to any of your other emails. In doing so, Chillar
cannot and will not be responsible, under any circumstance whatsoever, for any breach
under this EULA or any other agreement.
(b) You further agree and understand that the provision of this Service is dependent on the
information received from your registered Bank Account and that and Chillar at no point
of is responsible for the accuracy of such information to you whilst using this Service. In
an event of inaccuracy, delay or incompleteness of such information, this Service may be
accordingly affected. Chillar shall not be liable for any deficiency in the provision of
Service if such deficiency is a result of or in connection with inaccurate, delayed or
incomplete information provided by the relevant bank. Chillar cannot and will not be
responsible, under any circumstance whatsoever, for any inaccurate information
displayed on such online ledger.
(c) While Chillar uses commercially reasonable efforts to provide you with a daily backup of
all the transactional information in relation your spends, Chillar is not responsible to
backup, and archive such information.
Investment related services
(a) This Service is designed to help you increase your savings by facilitating the
of the surplus amounts from your third-party spends into Mutual Fund Scheme. You
acknowledge and agree that (i) the App merely provides assistance in relation to the
investment services and any investment is made directly by you into the Mutual Fund
Scheme of IPRUAMC; and (ii) Chillar is not acting as an advisor or consultant in
facilitating such investments in the Mutual Fund Scheme. You hereby declare that the
amounts invested by you in the Mutual Fund Scheme, as part of this Service, will be
derived through legitimate sources and will not held or designed for the purpose of
contravention of any applicable law.
(b) Chillar uses Application Programming Interfaces (APIs) and portals provided by
IPRUAMC to facilitate investment transactions in the Mutual Fund Scheme. Chillar
maintains the status of the investment transactions, portfolio etc. based on the data
provided by IPRUAMC and as per the regulations prescribed from time to time. Chillar
will receive commission from IPRUAMC on the total amount of investment made by the
users of the App in the Mutual Fund Scheme in accordance with the terms agreed with
(c) You understand and agree that this Service only facilitates the sale and distribution of
Mutual Fund Scheme through the App and all your monetary transactions will happen
directly from the relevant Bank Account to the Mutual Fund Scheme, with Chillar having
no access to the such transaction. Should you choose to proceed with any investments in
the Mutual Fund Scheme, Chillar will not be a party to such interaction and will not be
liable in any manner with respect to the mutual fund units allotted to you by IPRUAMC.
(d) Chillar does not, and is not obliged to, offer all mutual fund schemes for investment or
the case may be, all kind of investment advisory services. Simply by making the Mutual
Fund Scheme available for investments on the App, Chillar does not make any
representation as to the quality, bona fides or nature of IPRUAMC or the Mutual Fund
Scheme, or any other representation, warranty or guaranty, express or implied in respect
of the Mutual Fund Scheme. You hereby agree and acknowledge that the data and
information provided on the App does not constitute advice of any nature whatsoever,
and shall not be relied upon by you while making investment decisions, for which you
shall be solely responsible. In no event shall Chillar be liable to you for any loss or
damage that may cause or arise from or in relation to these EULA and/or due to use of
this Service through the App.
(e) You agree to make an informed independent investment decision by reading the offer
documents of the Mutual Fund Scheme. Furthermore, before investing, you shall be
required to seek independent financial planning, legal, accounting, tax or other
professional advice, if required.
(f) You further agree that IPRUAMC reserves the right to accept/reject applications or
redeem the mutual fund units allotted to you as it may deem fit. In no event shall Chillar
be liable to you for any such decisions taken by IPRUAMC. Chillar shall also not be
required to resolve any disputes arising between the users involved in any investments
and shall have no responsibility or liability, whether financial or otherwise, for any loss
damage you may suffer in case you do not receive any profit on your investments. The
transaction is between you and IPRUAMC and incase of any dispute in relation to the
Mutual Fund Scheme, the responsibility for redressal of any of your complaints will rest
solely with IPRUAMC at all times.
The provision of Services on the App may be interrupted, including for maintenance, repairs,
upgrades, or network or equipment failures. Chillar strives to keep the App up and running;
however, all online services suffer occasional disruptions and outages, and Chillar isn’t liable for
any disruption or loss you may suffer as a result.
Chillar may discontinue some or all of the Services provided on the App, as it may deem fit,
including certain features and the support for certain devices and platforms, at any time.
7. AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting this EULA consent to the receipt of communication from
by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional,
marketing calls and newsletters. These emails could relate to your registration, transactions that
you carry out through the App and promotions that are undertaken by Chillar, services from
Chillar and its third-party partners, as applicable.
8. LINKS TO THIRD PARTY WEBSITES
The App may contain links and interactive functionality interacting with the websites of
parties. Chillar is not responsible for and has no liability for the functionality, actions, inactions,
privacy settings, privacy policies, terms, or content of any such websites. Before enabling any
sharing functions to communicate with any such website or otherwise visiting any such website,
Chillar strongly recommends that you review and understand the terms and conditions, privacy
policies, settings, and information-sharing functions of each such third-party website.
9. USE OF THE APP
You agree, undertake and covenant that, during the use of the App, you shall not host, display,
upload, modify, publish, transmit, store, update or share any information that:
(a) belongs to another person and to which you do not have any right, except as expressly
provided in this EULA.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the
basis of gender, hateful or racially or ethnically objectionable, relating or encouraging
money laundering or gambling, or otherwise inconsistent or contrary to the applicable
laws in force in any manner whatsoever.
(c) is misleading in any way.
(d) is harmful to minors.
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing
(f) infringes upon or violates any third party's rights including, but not limited to, any
trademark, copyright or other proprietary rights or intellectual property rights, rights of
privacy (including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number).
(g) provides instructional information about illegal activities such as violating someone's
privacy, or providing or creating computer viruses.
(h) tries to gain unauthorized access or exceeds the scope of authorized access to the App
or to profiles, communities, Account information, bulletins, or other areas of the App or
solicits passwords or personally identifying information for commercial or unlawful
purposes from other users of the App.
(i) engages in commercial activities without Chillar’s prior written consent such as
in contests, sweepstakes, barter, advertising etc.
(j) interferes with another person’s use of the App.
(k) impersonates another person.
(l) threatens the unity, integrity, defence, security or sovereignty of India, friendly
with foreign States, or public order, or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any foreign
(m) refers to any website or URL that, in Chillar’s sole discretion, contains material that
inappropriate for the App or any other website, contains content that would be prohibited
or violates the letter or spirit of this EULA.
(n) deceives or misleads the addressee/ users about the origin of the messages or knowingly
and intentionally communicates any information which is patently false or misleading or
grossly offensive or menacing in nature but may reasonably be perceived as a fact.
(o) is patently false and untrue, and is written or published in any form, with the intent
mislead or harass a person, entity or agency for financial gain or to cause any injury to
(p) contains software viruses or any other computer codes, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, covertly intercept or steal any system,
or personal information.
(q) violates any applicable law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the
App, and expressly agree and acknowledge than in no event and under no circumstances shall
Chillar be held liable to you for any liabilities or damages resulting from or arising out of your
of the App. You shall not use anyone else’s Account at any time.
You agree and acknowledge that you shall not use the App for any fraudulent, malicious, illegal or
unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your
use of the App. You further agree and acknowledge that you shall use the Services provided on
the App only for your personal use and not for business purposes.
Chillar shall have the right, but not the obligation, to monitor your access to or use of the App
ensure your compliance with this EULA or applicable laws, at its sole discretion.
10. USERS’ POSTS AND REVIEWS
The App may allow you to post certain content, data or information belonging to you, such as
reviewing and allowing you to share your experience and views about a particular product/
service, and rate product/ service, post your comments and reviews in relation to the product/
service on the App on specific pages of the App, as well as submit/ post any suggestions,
comments, questions or other information to Chillar using the App (collectively referred to “User
You, being the originator of the User Content, are responsible for the User Content that you
upload, post, publish, transmit or otherwise make available on the App. You represent and
covenant that you have obtained all relevant consents and approvals in order to post any User
Content and shall not post any content relating to or owned by a third party for the promotion or
sale of products/ services of such third party. You further represent that all such User Content
be in accordance with applicable laws. You acknowledge that Chillar does not endorse any User
Content on the App and is not responsible or liable for any User Content. Chillar reserves the
right to remove any third-party marketing material and disable access to the User Content on the
You hereby grant Chillar a perpetual, non-revocable, worldwide, royalty-free and sub-licensable
right and license to use, copy, distribute, display, publish, transmit, make available, reproduce,
modify, adapt the User Content and create derivative works of the User Content. You
represent and warrant that you own or otherwise control all of the rights to the User Content that
you post or that you otherwise provide on or through the App; and that, as at the date that the
User Content is posted or submitted on the App: (i) the User Content is accurate; (ii) use of the
User Content you supply does not breach this EULA; and (iii) that such User Content is lawful.
You further represent and warrant that while posting any User Content on the App you shall not
use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language.
Further, you shall not post any content on the App that is obscene, pornographic, constitutes an
“indecent representation of women” as provided in The Indecent Representation of Women
(Prohibition) Act, 1986.
11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Except for User Content, all of the content and services and products provided on the App,
including text, software, scripts, code, designs, graphics, photos and other content and the
copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary
rights associated therewith (“IP”) is owned by Chillar or others (including without limitation, the
third party service providers) that Chillar licenses such content from, and is protected by
copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed,
compiled, prepared, revised, selected, and arranged by Chillar and others through the application
of methods and standards of judgment developed and applied through the expenditure of
substantial time, effort, and money and constitutes valuable intellectual property of Chillar and
such others. You thereby agree to protect the proprietary rights of Chillar during and after the
term of this EULA. You may not selectively download portions of the App without retaining the
copyright notices. You may download material from the App only for your own personal use and
for no commercial purposes whatsoever.
You shall use the App strictly in accordance with this EULA, and shall not, directly or indirectly,
decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any
manner decrypt, the App; (ii) make any modification, adaptation or improvement, enhancement,
translation or derivative work from the App; (iii) violate any applicable laws, rules or regulations
connection with your access or use of the App, including your use of any Content; (iv) remove or
obscure any proprietary notice (including any notices of copyright or trademark) forming a part of
the App; (v) use the App for any commercial or revenue generation endeavours, or other
purposes for which it is not designed or intended; (vi) distribute or transmit the App or other
services; (vii) use the App for data mining, scraping, crawling, redirecting, or for any purpose not
in accordance with this EULA; (ix) use the App for creating a service or software that is directly
indirectly, competitive with the App or any services offered by Chillar; or (x) derive any
confidential information, processes, data or algorithms from the App.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum
for seeking all available remedies under applicable laws of the country.
12. TERMINATION OF ACCESS TO APP OR DEACTIVATION OF SERVICE
Your Account can be terminated/deactivated at any time by:
(a) You, by requesting for such termination/deactivation of your Account on the App.
(b) Chillar, in its sole discretion for any reason or no reason, including your violation of
EULA or lack of use of App. You acknowledge that the termination of access to the App
may be affected without any prior notice, and Chillar may immediately deactivate or
delete the Account and all related information and/or bar any further access to the
Account or the services provided on the App, subject to applicable law.
Prior to deactivation or deletion of your Account for any reason, Chillar shall require you to
redeem all the amount invested in the Mutual Fund Scheme. Such redeemed amount will be
transferred in accordance with the terms of the Mutual Fund Scheme.
The deletion/deactivation of your Account shall automatically result in (i) stopping the auto-debit
function for your registered Bank Account(s); and (ii) preventing any further access to your emails
by Chillar. Upon such deletion/deactivation, your Account information shall be retained for the
periods specified in the Policy.
Alternatively, you may stop/pause the auto debit function for a particular Bank Account or from all
your Bank Accounts, however the same shall not automatically result in preventing the access to
your emails which shall be continued for the purpose of provision of Services in relation to spend
The disclaimer of warranties, the limitation of liability, and the governing law provisions shall
survive any termination of this EULA.
13. REFERRALS AND REWARDS
From time to time, Chillar may offer referral bonuses and rewards to you for inviting new
the App and for completing other activities.
14. RIGHTS & RESERVATIONS
Chillar reserves the right to:
(a) Make all decisions in relation to inter alia your registration with Chillar;
(b) Request additional documents and additional information from you for the purpose of
your registration as a user with the App; and
(c) Deny access to the App or any portion thereof without notice for the following reasons
any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights
granted to you under this EULA; (iii) violation of any of the provisions of the EULA or any
15. DISCLAIMER OF WARRANTIES
THE APP AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP (COLLECTIVELY, THE
"CONTENT") ARE PROVIDED BY CHILLAR ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CHILLAR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE APP, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR
THE SERVICES AND THE ACCURACY OF THE INFORMATION IN RELATION TO YOUR
BANK ACCOUNT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, CHILLAR MAKES
NO WARRANTY THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS OR
YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE
EFFECTIVE, ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT
THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE APP IN RELATION TO
WHICH CHILLAR MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN
ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE APP.
HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT CHILLAR, AT NO TIME, IS MAKING
ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY
ANY OF THESE THIRD PARTIES NOR WILL CHILLAR BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION
WITH SUCH THIRD PARTIES. CHILLAR SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU
EXPRESSLY AGREE THAT THE USE OF APP IS AT YOUR OWN DISCRETION AND SOLE
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING
FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM CHILLAR OR THROUGH OR FROM THE APP OR
CONTENT SHALL CREATE ANY WARRANTY. YOU WILL NOT SOLELY RELY ON THE
VIEWS, REPRESENTATIONS (WHETHER WRITTEN OR ORAL OR OTHERWISE),
RECOMMENDATIONS, OPINIONS, REPORTS, ANALYSIS, INFORMATION OR OTHER
STATEMENT MADE BY CHILLAR OR ANY OF ITS AGENTS, DIRECTORS, OFFICERS OR
EMPLOYEES. IN THE EVENT THAT YOU SEEK TO MAKE AN INVESTMENT PURSUANT TO
THE INFORMATION OR RECOMMENDATION PROVIDED BY CHILLAR, YOU SHALL DO SO
AT YOUR OWN RISK, AND SHOULD CONSIDER YOUR FINANCIAL SITUATION,
OBJECTIVES AND NEEDS AND CONSULT WITH YOUR LEGAL, BUSINESS, TAX AND/OR
OTHER PROFESSIONAL ADVISORS TO DETERMINE THE APPROPRIATENESS AND
CONSEQUENCES OF SUCH AN INVESTMENT. YOU AGREE THAT ALL THE FINAL
DECISIONS WILL BE YOURS AND CHILLAR WILL NOT HAVE ANY LIABILITY FOR
CONSEQUENCES OF SUCH DECISIONS. CHILLAR WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF APP OR THE CONTENT INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL
EXTENT PERMITTED BY LAW, CHILLAR DISCLAIMS ANY AND ALL REPRESENTATIONS
AND WARRANTIES WITH RESPECT TO THE APP AND ITS CONTENT, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-
INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY,
COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A
PARTICULAR PURPOSE OR USE AND ANY WARRANTY THAT MAY ARISE OUT OF
COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU
HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS CHILLAR, ITS
AFFILIATES AND GROUP COMPANIES (AS APPLICABLE) AND EACH OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE),
FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES
OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE APP AND FROM ANY
CLAIMS YOU MAY HAVE AGAINST CHILLAR WITH RESPECT TO THE SERVICES
PROVIDED BY ANY THIRD PARTY
16. LIMITATION OF LIABILITY
In no event shall Chillar, its affiliates and group companies (as applicable) and each of their
respective officers, directors, employees and agents (as applicable) be liable for any special,
incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues
whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content; (b) any
unauthorized access to or use of the secure servers and/or any and all personal and/or other user
information stored therein; (c) any interruption or cessation of transmission to or from the services
on the App or the failure of the Services to remain operational for any period of time; (d) any
bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App by any
third party; (e) any loss of your data arising from any use of or inability to use any Content or
other parts of the App; (f) your failure to keep Login Credentials or Account details secure and
confidential; (g) non-availability of the Services in certain geographical areas; and/or (h) any
errors or omissions in any content or for any loss or damage of any kind incurred as a result of
the use of any content posted, emailed, transmitted, or otherwise made available via the App,
whether based on warranty, contract, tort, or any other legal theory, and whether or not Chillar is
advised of the possibility of such damages. Chillar shall not be liable under any circumstance for
damages arising out of or in any way related to Services and/or information provided by third
parties through the App.
You shall indemnify and hold harmless Chillar, its affiliates, group companies (as applicable) and
their respective officers, directors, agents, and employees, from any and all claims or demands,
or actions including reasonable attorneys' fees, made by any third party or penalty imposed due
any law, rules or regulations or the rights (including infringement of any intellectual property
rights) of a third party.
privacy practices. The personal information / data provided to Chillar by you during the course of
and applicable laws and regulations. If you object to your information being transferred or used,
please do not use the App.
You shall not license, sell, transfer or assign your rights, obligations, or covenants under this
EULA in any manner without Chillar’s prior written consent. Chillar reserves the right, at its own
discretion, to freely assign and transfer the rights and obligations under this EULA to any third
20. GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed by and interpreted and construed in accordance with the laws of
India. The place of jurisdiction shall exclusively be in Mumbai. In the event of any dispute arising
out of this EULA the same shall be settled by a binding arbitration conducted by a sole arbitrator,
appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The
venue and seat of arbitration shall be Mumbai.
21. SEVERABILITY AND WAIVER
agreement between you and Chillar with respect to the products/services offered on the App, and
supersede all prior or contemporaneous communications and proposals (whether oral, written or
electronic) between you and Chillar with respect thereto and govern the future relationship. If any
provision of the EULA is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the EULA will otherwise remain in full force
and effect and enforceable. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights hereunder
22. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name
and contact details of the Grievance Officer are provided below:
Name: Mr. Rajkumar Desai
Phone No: 8879476576
For registering your complaint, please write to the Grievance Officer at the above-mentioned
email address in relation to any violation of this EULA or the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall
redress the complaint in accordance with the provisions of the Information Technology Act, 2000
and Rules made thereunder.
23. HOW TO CONTACT US
If you have questions or concerns about this EULA, please contact Chillar at the following email