Terms of
Use / Billing / Payments
These Terms
of Use (“Terms of Use”) have been drafted in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and
Terms of Use for access or usage of happyness.live
About Us
The domain
name happyness.live
(hereinafter referred to as "Website") owned and managed by HAPPYNESS
INNOVATIONS PRIVATE LIMITED, a limited company, incorporated and existing under
the laws of India and having its corporate office at B1107, Ratnakar Nine
Square, Judges Bunglow Road, Opp. Keshav Bagh,
Ahmedabad. (hereinafter referred to as “Company”)
Terms of
Use
Your use of
the Website and services and tools are governed by the following terms and
conditions ("Terms of Use") as applicable to the Website including
the applicable policies which are incorporated herein by way of reference. If
You transact on the Website, You shall be subject to
the policies that are applicable to the Website for such transaction. By mere
use of the Website, You shall be contracting with
Company and these terms and conditions including the policies constitute your
binding obligations, with the Website.
For the
purpose of these
Terms of Use, wherever the context so requires "You" or
"User" shall mean any natural or legal person who has agreed to
become a user of the Website by providing Registration Data while registering
on the Website as Registered User, including a guest User whose registration
shall be subject to verification and confirmation by the Company, using the
computer systems. This Website allows the User to surf the Website or making
purchases without registering on the Website. The term "We",
"Us", "Our" shall mean Company.
Eligibility
to Use
Use of the
Website is available only to persons who can form legally binding contracts
under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use the Website. If
you are a minor i.e. under the age of 18 years, you
shall not register as a User of the Company website and shall not transact on
or use the Website. As a minor if you wish to use or transact on Website, such
use or transaction may be made by your legal guardian or parents on the
Website. Company reserves the right to terminate your membership and / or
refuse to provide you with access to the Website if it is brought to Company's
notice or if it is discovered that you are under the age of 18 years. By
visiting Company Website or accepting these Terms of Use, You
represent and warrant to Company that You are 18 years of age or older, and
that You have the right, authority and capacity to use the Website and agree to
and abide by these Terms of Use. You also represent and warrant to the Company
that You will use the Website in a manner consistent with any
and all applicable laws and regulations.
Company
reserves the right to refuse access to use the Services offered at the Website
to new Users or to terminate access granted to existing Users at any time
without according any reasons for doing so
You shall
not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise
transferring Your Account to another party.
Your Account
The Company
offers its services to different categories. Users of each of the categories
are required to register themselves on the Website and make an individual
account with Company in order to receive its services.
Such an account is accessible by the unique username and password provided to
the User by the Company when they chose to register themselves on the Website.
The said username and password should be kept highly confidential and should
not be disclosed to any third party. You agree to accept responsibility for all
activities that occur under your account or password. You should take all
necessary steps to ensure that the password is kept confidential and secure and
should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is
likely to be used in an unauthorised manner.
You shall
ensure that the Account Information provided by You in the Website's
registration form is complete, accurate and up-to-date.
Use of another user's Account Information for availing the Services is
expressly prohibited.
If You
provide any information that is untrue, inaccurate, not current or incomplete
(or becomes untrue, inaccurate, not current or incomplete), or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate Your
Account and refuse any and all current or future use of the Website (or any
portion thereof).
Users may
fall under any of the following categories and provide to Company the
corresponding information.
Category 1:
Users placing order for Prescription Drugs
Prescription
Drugs means a pharmaceutical drug that requires a prior medical prescription
issued by a registered medical practitioner to be provided to a registered
pharmacist for the purpose of dispensing such medicine.
If You are
a User falling in Category 1, You shall be required to abide by the terms
specified below:
a.While placing the order for a Prescription Drug, You
shall be required to mandatorily upload the prescription issued by a registered
medical practitioner, along with Your personal information on the Website. All
payments in respect of any orders pertaining to Prescription Drug placed by you
shall be collected either in cash or by the payment options as provided for on
the Website by the Company. You may choose to pay online in respect of any
other products ordered online by you which do not fall within this Category.
b.You hereby understand and acknowledge that the Company
shall reserve the right to cancel the order, if the copy of the Prescription
uploaded by You is not legible or the order placed by You is not in accordance
with the Prescription.
c.You further confirm that the
delivery of such Prescription Drug shall be deemed to have been completed only
upon production of the original copy of the Prescription from a registered
medical practitioner (A written document issued on the letterhead of a
registered medical practitioner along with the date of issue of such
prescription, name and address of the person for whose treatment the said
prescription is being issued along with the total quantity of the medicine to
be supplied and the prescribed dosage) to the Chemist Representative (Person
appointed by the Seller who shall be responsible for delivering the order to
the Buyer and shall deliver any order for prescribed drugs after authenticating
the originality of the prescription uploaded upon the Website) of the Seller(Sellers
includes all the retailers who register themselves on the Website after
understanding the terms and conditions under which they shall operate upon any
order placed by the Buyer on the Website). The Company shall not be liable to
complete the delivery if the Chemist Representative is not provided with the
original copy of the Prescription. You hereby affirm and warrant that the
Prescription uploaded by You is genuine and has not been tampered with in any
manner. Further, the original copy of the Prescription needs to match with the
copy that was uploaded at the time of order submission.
d.User shall allow the Chemist
Representative to stamp or sticker the original prescription at the time of
medicine delivery failing which medicines will not be delivered.
e.You hereby understand and acknowledge that the Company
reserves the right to verify the Prescription uploaded by You. The Company
reserves the right to cancel your order immediately, in the event the Company
discovers any discrepancy in the Prescription uploaded by You. Further, upon
delivery, if the Chemist Representative discovers any discrepancy between the
prescription uploaded and the physical copy produced at the time of delivery,
the delivery may be withheld and the order shall stand
cancelled.
f.You further understand and acknowledge that only such
quantity of drugs shall be dispensed in accordance with the uploaded
Prescription. The quantity of Prescription Drugs dispensed shall be the lesser
of:
a.the quantity requested by the Customer; or
b.the quantity allowed by the Prescription (subject
to Prescription Drugs served as strips not being cut / reduced in any manner).
Category 2:
Users placing order for Over the Counter (“OTC”) Medicines/ Products/ Medical
Equipment/ Wellness Products
Such users
shall be required to provide the Company with their personal information and/or
their banking details.
Category 3:
Retailers registered with the Site
a.The Retailers are verified retailers who hold valid
license numbers, employ registered pharmacists and actin accordance with the
applicable laws.
b.The Retailers shall not engage in any transaction in
an item or service, which is prohibited by the provisions of any applicable law
including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 or regulations for the time being in
force.
c.The Retailer shall ensure that
all applicable laws, rules and regulations and taxes in respect of the
medicines including, but not limited to, sales tax/ VAT, income tax, octroi,
service tax, central excise, custom duty, local levies, etc. have been duly
paid by the users prior to dispensing any medicines or products on the Website.
The Retailer shall not solicit offers to purchase and sale of discounted items
or additional services on the Website shall be displayed only after the prior
written approval of the Company.
Privacy and Information Protection
Please
review our Privacy Policy, which also governs your visit to this Site, to
understand our internal policies and practices. The personal information / data
provided to us by you during the course of usage of
www.zigy.com will be treated as strictly confidential and in accordance with
the Privacy Policy and applicable laws and regulations. If you object to your
information being transferred or used, please do not use the website.
E-Platform for transactions
1.You
agree, understand and acknowledge that the website is
an online platform that enables you to purchase products required by You on the
website at the price indicated therein at any time from any location. You
further agree and acknowledge that Company is only a facilitator and is not and
cannot be a party to or control in any manner any transactions on the website.
Accordingly, the contract of sale of products on the website shall be a
strictly bipartite contract between you and the sellers on this site.
Henceforth:
a.All commercial / contractual terms are offered by and
agreed to between Buyers and Sellers alone. The commercial/contractual terms
include without limitation price, shipping costs, delivery / convenience fee,
payment methods, payment terms, date, period and mode
of delivery. The Company does not have any control or does not determine or
advise or in any way involve itself in the offering or acceptance of such
commercial / contractual terms between the Buyers and Sellers.
b.Company does not make any
representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be
sold or offered to be sold or purchased on the Website. Company does not
implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Website. Company accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
c.At no time shall Company hold
any right, title or interest over the products nor
shall Company have any obligations or liabilities in respect of such contract
entered into between Buyers and Sellers. Company is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable
or back ordered.
2.Fulfillment
of Orders: In the event an order placed by you is confirmed to be dispensed and
delivered by a seller registered on the website but subsequently due to any
reason, the seller is not able to fulfill such order,
the Company shall, on a best efforts basis, endeavor to fulfill the order
through third party sellers having requisite license to dispense such orders.
In such cases, the Company will contact you to seek your confirmation if the
order can be dispensed by such third party sellers,
whose details will be provided to you in the intimation call made by the
Company / SMS sent to you. If you choose to confirm the replacement of the
seller for fulfillment of your order, the Company
shall get the order processed from the seller confirmed by you. However, if you
choose to cancel your order, the Company shall cancel the same on your behalf.
Charges for using the Website / Mobile App
Membership
on the Website / Mobile App is free for Buyers. Company does not charge any fee
for browsing and buying on the Website / Mobile App. Company reserves the right
to change its Fee Policy from time to time. In particular,
Company may at its sole discretion introduce new services and modify
some or all of the existing services offered on the Website / Mobile App. In
such an event Company reserves the right to introduce fees for the new services
offered or amend/introduce fees for existing services, as the
case may be. Changes to the Fee Policy shall be posted on the Website
and such changes shall automatically become effective immediately after they
are posted on the Website. Unless otherwise stated, all fees shall be quoted in
Indian Rupees.
License for Website Access
1.Company
grants you a limited licence to access and make personal use of this website,
but not to download (other than page caching) or modify it, or any portion of
it. This licence does not include any resale or commercial use of this website
or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this website or its contents; any downloading
or copying of account information for the benefit of another seller; or any use
of data mining, robots, or similar data gathering and extraction tools.
2.This
website or any portion of this website (including but not limited to any
copyrighted material, trademarks, or other proprietary information) may not be
reproduced, duplicated, copied, sold, resold, visited, distributed
or otherwise exploited for any commercial purpose.
Your Conduct
1.You must
not use the Website in any way that causes, or is likely to cause, the Website
or access to it to be interrupted, damaged or impaired in any way. You
understand that you, and not Company, are responsible for all electronic
communications and content sent from your computer to us and you must use the
Website for lawful purposes only. You must not use the Website for any of the following:
a.for fraudulent purposes, or in
connection with a criminal offense or other unlawful activity
b.to send,
use or reuse any material that does not belong to you; or is illegal, offensive
(including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic
or menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; or is otherwise injurious to third parties; or relates to or promotes
money laundering or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity, integrity, security or
sovereignty of India or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists
of or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any "spam
c.to cause
annoyance, inconvenience or needless anxiety
Selling
1.The
Retailer is legally able to sell the item(s) listed by such Retailer on the
Website and such listings shall only include text descriptions, graphics and
pictures that describe the item(s) for sale. All listed item(s) will be listed
in an appropriate category on the Website and shall be kept in stock for
successful fulfillment of sales.
2.The
Retailer shall not sell any Schedule ‘X’ drugs in contravention of the
provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules,
1945 or under any orders/ directions of the Drug Controlling Authority of
India. The Retailer shall not sell any prescription drug without a prescription
and incase a prescription is uploaded, without due
authentication of the prescription.
3.The
Retailer shall ensure that the listing description of the item is not
misleading and describes actual condition of the product.
Payments
1.While
availing any of the payment method/s available on the Website, we will not be
responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to You due to:
a.Lack of authorization for any transaction/s, or
b.Payments exceeding the preset
limit mutually agreed by You and between "Bank/s", or
c.Any payment issues arising out of the transaction,
or
d.Decline of transaction for any other reason/s
2.All
payments made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. Website will
not facilitate transaction with respect to any other form of currency with
respect to the purchases made on Website.
3.Before
delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to
establish the authenticity of the payment instrument used by you for your
purchase. This is done in the interest of providing a safe online shopping
environment to Our Users.
4.Transactions,
Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal
bipartite contractual obligations between Buyer and Seller and payment facility
is merely used by the Buyer and Seller to facilitate the completion of the
Transaction. Use of the payment facility shall not render the Company liable or
responsible for the non-delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on Company's
Website.
5.You have
specifically authorized Company or its service providers to collect, process,
facilitate and remit payments and / or the Transaction Price electronically or
through Cash on Delivery to and from other Users in respect of transactions
through Payment Facility. Your relationship with Company is on a principal-to-principal
basis and by accepting these Terms of Use you agree that Company is an
independent contractor for all purposes and does not have control of or
liability for the products or services that are listed on the Company's Website
that are paid for by using the Payment Facility. Company does not guarantee the
identity of any User, nor does it ensure that a Buyer or a Seller will complete
a transaction.
6.You
understand, accept and agree that the payment facility provided by Company is
neither a banking nor financial service but is merely a facilitator providing
an electronic, automated online electronic payment, receiving payment through
Cash On Delivery, collection and remittance facility
for the Transactions on the Company Website using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, Company is neither acting as trustees nor acting in
a fiduciary capacity with respect to the Transaction or the Transaction Price.
7.All Valid
Credit / Debit/ Cash Card/ and other payment instruments are processed using a
Credit Card payment gateway or appropriate payment system infrastructure and
the same will also be governed by the terms and conditions agreed to between
the Buyer and the respective Issuing Bank and payment instrument issuing
company.
Policies
Profanity
Policy
1.Our
Website prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
2.This
policy extends to text within listings, on Seller pages and all other areas of the
site that another User may view. If the profane words are part of a title for
the item being sold, we allow Sellers to 'blur' out the bulk of the offending
word with asterisks
3.Please
report any violations of this policy to the correct area for review:
a.Report offensive and or
inappropriate User Profiles
b.Report offensive and or inappropriate language in a
listing or otherwise
4.If a
feedback comment; or any communication made between Users on the Website; or
email communication between Users in relation to transactions conducted on
Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
5.Disciplinary
action may result in the indefinite suspension of a User's
account, temporary suspension, or a formal warning.
6.Company
will consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
7.Violations
of this policy may result in a range of actions, including:
a.Limits placed on account
privileges;
b.Loss of special status;
c.Account suspension.
Returns Policy
1.Definition:
'Return' is defined as the action of taking back all of
the item(s) which make up the order (“Returned Order”), placed by the Buyer on
the Website, by the Seller. Return may result in refund of money in most of the
cases.
2.Products
may be returned at the time of delivery in the following cases:
a.In the event the original prescription does not match
the scanned prescription (where prescription drugs are part of the order), the
Chemist Representative will refuse to deliver the entire order;
b.In the event the product received by you is damaged,
you should refuse to accept the damaged products and these will be brought back
by the Chemist Representative;
c.In the event the packaging has
been tampered with, you should refuse to accept the delivery; and/or
d.If an incorrect order has been
delivered which is not consistent with the order placed by you on the Website,
you should refuse to accept the delivery.
3.It is
clarified that on the occurrence of the above mentioned
events, any payment for the Returned Order shall be refunded to you. In the
event the Returned Order is prepaid, a refund would be generated to the same
channel from where the money was received at the time of order placement.
4.It is
further clarified that all the other item(s) in an invoice, if any, which
constitute such Returned Order, shall also be compulsorily required to be returned back to the Seller.
5.Products
may be returned post delivery in the following
cases:
a.If an expired product has been delivered, request for
returning the products has to be initiated within a period of twenty-four (24)
hours from the time of acceptance of delivery; and/or
b.In the event that there is malfunctioning of
delivered medical devices, the request for return has to be initiated within
seven (7) days of the date of acceptance of delivery. The malfunctioning of the
medical device is the sole reason which may constitute return of the order.
6.The following
points need to be kept in mind before initiating any request for return:
a.Medicine strips which have been opened
by the Buyer or do not any longer bear the expiry date or price of the medicine
shall not be returned. The bar code on the medicine should NOT be tampered with
under any circumstance.
b.The User should be in possession of the unique serial
number sticker that was issued to the User by the Chemist Representative at the
time of delivery.
Disclaimer of Warranties and Liabilities
1.You acknowledge
and undertake that you are accessing the services on the Website and
transacting at your own risk and are using your best and prudent judgment
before entering into any transactions through the
Website. We shall neither be liable nor responsible for any actions or
inactions of sellers, nor any breach of conditions, representations or
warranties by the sellers or manufacturers of the products and hereby expressly
disclaim any and all responsibility and liability in
that regard. We shall not mediate or resolve any dispute or disagreement
between you and the sellers or manufacturers of the products.
2.We
further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability, completeness,
timeliness, performance, safety, merchantability, fitness for a particular
purpose, or legality of the products listed or displayed or transacted or the
content (including product information and/or specifications) on the website.
While we have taken precautions to avoid inaccuracies in content, this Website,
all content, information, software, products, services
and related graphics are provided as is, without warranty of any kind. We do
not implicitly or explicitly support or endorse the sale or purchase of any
products on the Website. At no time shall any right, title or interest in the
products sold through or displayed on the Website vest with Company nor shall
Company have any obligations or liabilities in respect of any transactions on
the website. It is expressly declared that the Website is only a marketplace
for the Buyers to purchase from the registered Sellers and neither the Website
nor the Company is responsible for any sale or purchase made at the marketplace
platform.
Indemnity and Release
1.You shall
indemnify and hold harmless Company, its subsidiaries, affiliates and their
respective officers, directors, agents and employees, from any claim or demand,
or actions including reasonable attorney's fees, made by any third party or
penalty imposed due to or arising out of your breach of these Conditions of Use
or any document incorporated by reference, or your violation of any law, rules,
regulations or the rights of a third party.
2.You
hereby expressly release Company and/or its affiliates and/or any of its
officers and representatives from any cost, damage, liability or other
consequence of any of the actions/inactions of the vendors and specifically
waiver any claims or demands that you may have in this behalf under any
statute, contract or otherwise.
3.In no event shall the Company and/or its affiliates and/or any of its
officers and representative and/or the Retailers be held liable for any
non-delivery or late delivery due to any force majeur
event or if the customer fails to provide a valid prescription.
Communications
When you
visit the Website or send e-mails to us, you are communicating with us
electronically. You will be required to provide a valid phone number while
placing an order with us. We may communicate with you by e-mail, SMS, phone
call or by posting notices on the website or by any other mode of
communication. For contractual purposes, you consent to receive communications
including SMS, e-mail or phone calls from us with
respect to your order.
Losses
We will not
be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when you commenced using the website.
Alteration of Service or Amendments to the Conditions
We reserve
the right to make changes to our website, policies, and these Conditions of Use
at any time. You will be subject to the policies and Conditions of Use in force
at the time that you use the website or that you order goods from us, unless
any change to those policies or these conditions is required to be made by law
or government authority (in which case it will apply to orders previously
placed by you). If any of these conditions is deemed invalid, void, or for any
reason unenforceable, that condition will be deemed severable and will not
affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not
be held responsible for any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition
does not affect your statutory rights.
Waiver
If you
breach these conditions and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these
conditions.
Governing law and Jurisdiction
These
conditions are governed by and construed in accordance with the laws of India.
You agree, as we do, to submit to the exclusive jurisdiction of the courts at
Rajkot.
Limitation of Liability
IN NO EVENT
SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS
BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Severability & Waiver Contact Information
If any provision
of this Terms of Use is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
FEES AND
CHARGES
A. Annual & Renewal Fees
There is Annual Fee and Renewal Fee applicable on the Happyness
Cards. Annual fee is a one-time charge ranging between Rs. 0/- to Rs.200/- plus
applicable taxes and renewal fee is charged ranges between Rs. 0/- to Rs.200/-
plus applicable taxes. These fees may vary from Cardholder to Cardholder and
for different card variants. These fees, as applicable, are charged to the
Cardholder account and the same would be billed in the card statement of the
month in which it is charged. There may be separate fees for additional cards
issued to the Primary Cardholder.
Card Name |
Annual Fee (Rs.) |
Renewal Fee (Rs.) |
Health Card |
200/- |
200/- (Waived off on annual
spends of 12 thousand or more in the preceding year) |
Grocery Card |
200/- |
200/- (Waived off on annual
spends of 12 thousand or more in the preceding year) |
Super Card |
300/- |
300/- (Waived off on annual
spends of 18 thousand or more in the preceding year) |
B. Cash Payment fee
The Cardholders can pay Happyness card dues by cash, this
facility is available at a service fee of Rs. 250 + applicable taxes.
C. Charges
i. Charges and fees, as may be
applicable from time to time, are payable by Cardholders for specific services
provided by Happyness Innovations Pvt. Ltd. to the
Cardholder or for defaults committed by the Cardholder with reference to his/her
Card account.
ii. Happyness Innovations Pvt.
Ltd. retains the right to alter any charges or fees from time to time or to
introduce any new charges or fees, as it may deem appropriate, with due
intimation to cardholders.
D. Interest Free Grace Period
The interest free credit period could range from 10 to 40
days subject to submission of claims by the Happyness service providers (i.e. Pharmacy, Grocery store, Laboratory, Doctor, Hospitals,
etc.). However, this is not applicable if the previous month’s balance has not
been cleared in full.
E. Finance Charges
Finance Charges are payable at the monthly interest rate
on all transactions from the date of transaction in the event of the Cardholder
choosing not to pay his balance in full, and on all advances taken by the
Cardholder, till they are paid back.
If the Cardholder makes partial or no payment of Total
amount due (TAD) before Payment due date (PDD); i.e.
the Customer has outstanding balance from previous months and in the current
month, full payment of Total amount due is made before Payment due date then
Finance charges will be levied on the closing balance till the payment date.
The current rate of finance charges is up-to 2.00% per
month [24% per annum] from the transaction date and is subject to change at the
discretion of Happyness Innovations Pvt. Ltd.. Finance charges, if payable, are subject to levy of
applicable taxes and are debited to the Cardholder’s account till the
outstanding on the card is paid in full. The minimum amount of Finance Charge
levied on all transactions in the event of the Cardholder choosing not to pay
his balance in full within payment due date, exclusive of applicable taxes.
a. Finance charges on purchases and services are
applicable from the date of transaction until the payment is made in full.
Example 1 - Card Statement date – 15th of every month.
Transaction done between 16th June’22 – 15th July’22
1. Retail Purchase of Rs. 5000 – On 20th June’22
2. Laboratory Service of Rs. 7000 – On 10th July’22
In case the statement outstanding has no cash balance and has not been carried forward from a
previous statement and the retail balance outstanding on the statement date is
paid in full by the payment due date, No Finance Charges are levied on such
balances.
Example 2 –Card Statement date – 2nd of every month.
Transaction done between 3rd Jan’22 – 2nd Feb’22
1. Retail Purchase of Rs. 10000 – On 5th Jan’22
2. Doctor Service of Rs. 30000 – On 15th Jan’22
Assuming no previous balance carried forward from the 2nd Jan 2022 statement, the cardholder will get his 2nd Feb
statement showing Rs. 40,000 transactions. The cardholder needs to make payment
against the outstanding by 12nd Feb 2022, i.e. 10 days
from the Statement Date, for anything between the entire amount or the Minimum
Amount Due. In case the statement outstanding has no cash
balance and has not been carried forward from a previous statement and the
retail balance outstanding on the statement date is paid in full by the payment
due date, No Finance Charges are levied on such balances. Making only the
minimum payment every month would result in the repayment stretching over the
years with consequent interest payment on your outstanding balance.
For e.g. on a transaction of Rs.
5,000 if Minimum Amount Due is paid every month (subject to a minimum amount of
Rs. 200 every month), it will take up to 44 months for entire outstanding
amount to be paid in full.
Example 3 – Card Statement date – 2nd of every month.
Transaction done between 3rd March ‘22 – 2nd April ‘22
(1) Annual fee of Rs. 500 – On 5th March ‘22
(2) Applicable taxes of Rs. 90 – On 5th March ‘22
(3) Retail Purchase of Rs. 6000 – On 15th March ‘22
Assuming no previous balance carried forward from the 2nd March 2022 statement, the cardholder will get his 2nd
April statement showing Rs. 6,590 transactions. The cardholder needs to make
payment against the outstanding by 12nd April 2022, i.e.
10 days from the Statement Date, for anything between the entire amount or
Minimum Amount Due. Assuming the cardholder makes the payment of Minimum Amount
Due of Rs.890, (5% of 6000 (retail spends)) + 90 (total GST) + 500 (100% of
fee/charges) on 22nd April 2022, rounded off to nearest decimal
point, finance charges would be levied at the effective rate and added to the
total outstanding. Considering the effective rate of 2.00% p.m., finance charge
calculation will be done as follows:
On the balance of Rs. 6000 (15th March to 22nd April) for
38 days: (2.00*12)*(38/365)*6000/100= Rs. 149.92
On the balance of Rs. 5700 (22nd April to 2nd May) for 11
days: (2.00*12)*(11/365)*5700/100= Rs. 41.23
Total Interest charged = Rs. 191.15
Sum of Outstanding purchase amount, Interest charges, Fees and Charges, if any, and applicable taxes would reflect
as the Total amount due in the statement dated 2nd May assuming the card holder
does not make any transactions between 3rd April ‘22 – 2nd May ‘22. If the
cardholder keeps making the Minimum Amount Due payment every month
he would clear the outstanding in 20 months (100%/ 5% = 20).
If the Cardholder makes partial or no payment of Total
amount due (TAD) before Payment due date (PDD); i.e.
the Customer has outstanding balance from previous months and in the current
month, full payment of Total amount due is made before Payment due date then
Finance charges will be levied on retail spends and finance charge (if any)
till the payment date.
Sum of Outstanding purchase amount, Interest charges, Fees and Charges, if any, and all applicable taxes would
reflect as the Total amount due in the statement.
F. Late Payment charges will be applicable if Minimum
Amount Due is not paid by the payment due date.
G. Payment Dishonour
In case of a Payment Dishonour, cardholder will be
charged payment dishonour fee of 2% of Payment Amount subject to minimum
charges of Rs. 350/-
H. Other charges:
o
Card
Replacement: Rs.100/- to Rs. 200/-
o
Cheque
Payment Fee: Rs 100/-
o
Payment
collection charges: Rs 250/-
o
Foreign
Currency Transaction fee: Foreign Currency Transaction fee: 3.5% (For All Cards)
The exchange rate used to convert Foreign Currency
transaction into INR will be determined by RBI basis the exchange rates
governed by them on the date the transaction is settled with Happyness Card,
which may not be the same date on which the transaction was made. The Foreign
currency transaction fee will be applied on the INR converted amount shared by RBI.
LIMITS
Credit Limit is assigned to
Cardholders based on internal Happyness Innovations Pvt.
Ltd. credit criteria (Add-On cardholders share the same limits as that of the
Primary Account Holder). These limits are communicated to the cardholder in Happyness
App. Happyness Innovations Pvt. Ltd. will review the
Cardholder account periodically and increase or decrease the Cardholder credit
limit based on internal criteria. Cardholders seeking to have their credit
limit increased can do so by writing to Happyness Innovations Pvt. Ltd. and providing financial documents declaring their
income. Happyness Innovations Pvt. Ltd. at its sole
discretion and based on such new documents provided, may increase the Credit
Limit of the Cardholder.
BILLING AND
STATEMENT
a) Happyness Innovations Pvt.
Ltd. will send the Cardholder a monthly statement showing the payments credited
and the transactions debited to the Cardholder’s Account since the last
statement, provided the card has been active during the said
period. Happyness Innovations Pvt. Ltd. will send a
statement through email to the email id on record, if available, on a
pre-determined date or cardholder can review the statement inside the Happyness
App
b) Minimum Amount Due shall be Total GST + 100% of
Fees/Charges + 2% of [Finance Charge (if any), Retail Spends and Service Spends
(if any)] + Overlimit Amount (if any)]
c) Payments made towards the card outstanding are
acknowledged in subsequent statements.
Any dispute regarding any matter pertaining to taxes shall be communicated to card
Issuer within 30 days from the date of issuance of the Statement.
d) Payments received against the Cardholder’s card
outstanding will be adjusted against all Minimum Amount Due (which is inclusive
of all applicable taxes + 10% of Total Outstanding), Fees & Other Charges,
Interest charges, Purchase Outstanding in that order.
Card Holder would be responsible for providing correct and timely information
for enabling Card Issuer to undertake appropriate GST compliances which would
in turn enable card holder to take input tax credit of supplies made by the
Card Issuer. Card issuer shall not be responsible for any loss of input tax
credit or delay in availment of input tax credit to
the card holder on account of incorrect information provided by card holder or
due to any act or omission by card holder.
e) Payments towards the Card account may be made in any
of the following ways:
By logging onto https://portal.happyness.live/admin and
using Payment option to make payment through UPI, net-banking, etc.
By mailing a Cheque or draft to the mailing address provided on the reverse of
the monthly statement.
The Cheque/draft should be made payable to “Happyness Innovations Pvt. Ltd.".
ECS: Payments can be made through the Electronic Clearing System (ECS) in
select cities.
Any advance received from card holder shall treated as
being an advance towards future spends and not against any charges/fees.
g) Billing Disputes: All contents of statements will be
deemed to be correct and accepted by the Cardholder unless within 25 days of
the transaction Date the Cardholder informs Happyness Innovations Pvt. Ltd. of any discrepancies, and these discrepancies are
found to be true by Happyness Innovations Pvt. Ltd.
On receipt of such information, Happyness Innovations Pvt.
Ltd. may reverse the charge on temporary basis. If on completion of subsequent
investigations, the liability of such charges is to the Cardholder's account,
the charge will be reinstated in a subsequent statement.
h) Customer Grievance Redressal: All grievance
escalations should be marked to the Nodal Officer and e-mail at contact@happyness.live
i) Contact Particulars:
From All Phones: 7486001801 / 02 / 03.
Toll-free: 1800 202 2627
Correspondence: Through mail, by writing to The Manager -
Customer Services, Happyness Innovations Pvt. Ltd., B1107,
Ratnakar Nine Square, Judges Bunglow Road, Ahmedabad
(Gujarat).
Through email by writing in at contact@happyness.live
j) Reversals initiated by Happyness Innovations Pvt. Ltd., including reversal of Fees and Charges, will not
be adjusted against the payment due and will be treated as credit for the
current billing cycle.
Any credit amount arising out of refund/failed/reversed
transactions with an effective date of such transactions pertaining to previous
billing cycle will be considered as payment if the amount is credited before
the Payment Due Date of the previous billing cycle.
Any credit amount arising out of refund/failed/reversed transactions with an
effective date of such transactions pertaining to the current billing cycle,
will not be considered as payment even if the amount is credited before the
Payment Due Date of the previous billing cycle.
TERMINATION
/ REVOCATION OF CARDHOLDER
a) The Cardholder may end the Agreement at any time by writing to
Happyness Innovations Pvt. Ltd. or calling in to the
Happyness Card Helpline, and by cutting the card(s) diagonally. All the cards including
the add-on cards will be terminated basis the written request. In case a
Cardholder having negative Rewards Point Balance at the time of voluntary
closure, then the equivalent value of such negative reward points will be
automatically converted to statement debit and is required to be paid by the
Cardholder along with any other dues. Termination will be effective after
payment of all amounts outstanding on the card account. No annual, joining or
renewal fees shall be refunded on a pro-rata basis. Example – Negative Reward
Point Balance at the time of voluntary closure: -1000 Upon voluntary closure,
-1000 negative Reward Point balance will be automatically converted to
statement debit. This amount will be charged to the Cardholder account and is required
to be paid by the Cardholder along with any other dues.
b) Happyness Innovations Pvt. Ltd. may
also restrict, terminate or suspend the use of The Cardholder Account at any
time without prior notice if Happyness Innovations Pvt.
Ltd. reasonably believe it necessary for business or security reasons and/ Or
at the request of any law enforcement agency, and/or any government authority
and/or under the laws & regulations which apply to Happyness Innovations Pvt. Ltd. & its customer.
Happyness Innovations Pvt. Ltd. can suspend the
facility on the Card, if the Cardholder defaults on the payment due or exceeds
the credit limit extended. The Card must not be used after the Agreement ends
or while use of Card Account is suspended.
c) In such a situation, the Cardholder must (subject to any
default or other notice required by law) immediately pay Happyness Innovations Pvt. Ltd. the total outstanding Balance on the Account.
This includes all amounts due to Happyness Innovations Pvt.
Ltd. under the Agreement, including all transactions and other amounts not yet
charged to the Account. The Cardholder Account will not be considered as closed
until the Cardholder has paid all such due amounts.
LOSS /
THEFT / MISUSE OF CARD
a) The Cardholder should contact Happyness Innovations Pvt. Ltd. as soon as possible at the Happyness Card
Helpline if the Primary or any Additional card is misplaced, lost, stolen,
mutilated, not received when due or if he/she suspects that the card is being
used without the Cardholder’s permission. Once a card is reported lost, it
should not, under any circumstance be used if found by the Cardholder
subsequently, and the Cardholder should cut the card diagonally in half.
b) Happyness Innovations Pvt.
Ltd. is not liable or responsible for any transactions incurred on the card
account prior to the time of reporting of the loss of the card to Happyness
Innovations Pvt. Ltd. and the Cardholder will be
wholly liable for the same. In addition to notifying Happyness Innovations Pvt. Ltd. about the loss or theft of the Card, the
Cardholder must report any theft of the card(s) to the Police and lodge an FIR.
The cardholder will, however, be liable for all losses when someone obtains and
misuses the card with the Cardholder’s consent, or the consent of an Additional
Cardholder.
c) If the Cardholder has acted fraudulently the
Cardholder will be liable for all losses. If the Cardholder acts without
reasonable care, the Cardholder may be liable for all losses incurred. This may
apply if the Cardholder fails to follow the safeguards as specified by Happyness
Innovations Pvt. Ltd.
d) Happyness Innovations Pvt.
Ltd. may, without referring to the Cardholder or any Additional Cardholder,
give the police or other relevant authorities any information that Happyness
Innovations Pvt. Ltd. considers relevant about the
loss, theft or misuse of a Card.
e) Changes in contact details including mobile number, of
your card account would be intimated to your new as well as preceding contact
details in the system. It is advised to keep your current contact details
including mobile number updated in our records.
Contact Information
If You any
have any question, issue, complaint regarding any of our Services, please contact
our Grievance Officer at
Corporate Address:
HAPPYNESS INNOVATIONS PRIVATE LIMITED
B1107, Ratnakar Nine Square,
Judges Bunglow Road,
Opp. Keshav Bagh,
Ahmedabad (Gujarat)