TERMS & CONDITIONS
Terms, Conditions & Privacy Policies
1. TERMS OF SERVICE
These terms and conditions (the “Terms”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Oraan Tech Private Limited, a private limited liability company established in Karachi, Pakistan (“Oraan”) in 2018.
Your access and use of the Services constitute your agreement to be bound by these Terms, which creates a contractual relationship between you and Oraan. These Terms expressly supersede prior agreements or arrangements with you. Oraan may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. SERVICES AND THIRD PARTY PROVIDERS
The Services constitute a technology platform developed as a committee management tool (the “Oraan Committee”) which enables users of Oraan’s mobile applications to (i) create/offer and/or participate in a variety of committee plans, (ii) handle and manage committees, (iii) send reminders in respect to the committees, (iv) market, promote, sell and order products and utilize deals offered therein and (v) use, avail and participate in other services offered by independent third-party service providers and independent third -party contractors (the “Third Party Providers”) such as insurance and mutual funds.
Unless otherwise agreed by Oraan in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use. You acknowledge that Oraan does not provide committee cash collection, handling and/or payout services nor any other additional services as may be provided by the Third Party Providers or committee managers and that all such committee collection, handling and payout services and any other additional services are provided by independent Third Party Providers or committee managers, as the case may be, who shall do so as your duly appointed agent and not as employees or agents of Oraan or any of its affiliates.
In the case you are participating in the Oraan Committee as a committee member, you agree to appoint Oraan the committee manager(s) as your agent(s) for the purposes of (i) utilizing the services offered through the Oraan Committee and collecting, holding, releasing or otherwise disposing of the committees for and on your behalf. You authorise Oraan(s) to exercise the rights, powers, authorities and discretions agreed hereunder in connection with the Oraan Committee together with such rights, powers, authorities and discretions that are reasonably incidental thereto or otherwise agreed or consented to between you and the relevant committee manager(s).
In case you are running your own committees and are part of Private committees on Oraan app that are run by people from within your network, you are authorizing the relevant committee manager with the above listed responsibilities. Furthermore, Oraan is not liable for any payments and management of these committees.
In the case you are participating in a private committee as a committee manager, you agree:
to act as an agent of the relevant committee member(s) for the purposes offering to collect, hold, release or otherwise dispose of the committees for and on behalf of the relevant committee member(s).
to undertake all actions in your capacity as an agent of the relevant committee member(s) which shall be deemed to be performed on behalf of the relevant committee member(s) and upon their instructions.
to collect, hold or otherwise deal with the committees on behalf of the relevant committee member(s) and release or disburse the committees to the relevant committee member(s) on the relevant dates.
not to be an agent of, or trustee for, Oraan and that Oraan shall not be deemed to be your agent or principal and shall not be liable for any of your actions.
The Services and all rights therein are and shall remain Oraan’s property or the property of Oraan’s licensors and/or Third Party Providers as the case may be.
3. PARTICIPATING IN THE ORAAN COMMITTEE AS A MEMBER
If you are 18 or older, holding a valid national identification number and have a mobile number then you may apply to participate in the Oraan Committee offered on the Oraan application or website and create your own committees.
When you apply to participate in the Oraan Committee, you instruct, consent to, and authorize to provide mobile metadata about you to Oraan through Credolab for purposes of assessing whether you are eligible to participate in the Oraan Committee and whether it should be offered to you. For as long as you have participated in the Oraan Committee, you consent that Oraan may collect, collate and process information provided by you. This information may include all data held by Oraan about you and/or your mobile account. It specifically includes your mobile phone number, your name, surname, date of birth, national identity or passport number and includes all metadata relating to your mobile account and your use thereof.
Your committee payout month and commitment in a committee is confirmed after your first payment. Failure to pay the first Contribution Amount within the defined deadline will result in cancellation of your slot.
At the time of the payout, Oraan can require a guarantor who will take responsibility to pay the amount, will require a guarantor to process the payment and/or require collateral as guarantee.
Oraan also holds the right to remove you from the committee at any given time with no plausible cause.
These terms and conditions may change from time to time. The Users are therefore required to read these terms and conditions every time before they participate in the Oraan Committee.
4. PAYMENT OF ORAAN COMMITTEES
Payment of the committees (“Contribution Amounts”) shall be collected by the Oraan by the due dates. If any portion of the Contribution Amount remains unpaid after the due date, Oraan expects the unpaid Contribution Amount to be given before or maximum by the next due date. In case of delayed payments or defaults, Oraan holds every right to process penalties, as communicated, and or report you and your guarantor as a defaulter/criminal.
If you have any unpaid dues, Oraan holds the right to not release your Oraan Payout, drop the slot, reduce the committee and payout amount.
5. LIMITATION OF LIABILITY
Oraan or any of its affiliates, officers, directors, employees, contractors and agents shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, howsoever caused, arising out of or in connection with, or otherwise resulting from any use of the Oraan Committee, even if Oraan has been advised of the possibility of such damages. Oraan shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Oraan Committee or your inability to access or use the Oraan Committee; or (ii) any dealing or transaction or relationship between you and any Third Party Provider, even if Oraan has been advised of the possibility of such damages or (iii) any dealing that you may have with any of the committee manager(s) or any other committee member(s). Oraan shall not be liable for delay or failure in performance resulting from causes beyond Oraan’s reasonable control. Without prejudice to Oraan’s limitation of liability as set out herein, in no event shall Oraan’s total liability to you in connection with the Oraan Committee for any and all damages, losses and causes of action exceed PKR 10,000.
Oraan Committee may be used by you to request and avail further services offered by the Third Party Providers, and you agree that Oraan has no responsibility or liability to you relating to any of the services provided to you by the Third Party Providers other than as expressly set forth in these Terms. If you purchase any of the products or services offered by these Third Party Providers, you shall be deemed to purchase such products and services directly from those third parties and not from Oraan. Oraan is not responsible for examining or evaluating, and does not warrant, the offerings of any of these Third Party Providers (including the content of their websites). Oraan does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
6. COLLECTION OF DATA
a. What data is collected?
We collect data from your phone to provide a segmented risk profile and generate an aggregated statistical information. To protect your identity, we remove all personal identifiers (if any) and pseudonymised such information. Any metadata processed in this way cannot be used to reproduce the original data collected. This data is ONLY used for the purpose outlined above and is protected from unauthorized usage and disclosure.
b. Is the data collected shared with any third party?
The data collected is shared with selected providers of data analytics services. The service providers are described below:
c. Why is the data collected?
We use the data as part of our decision process to assess your creditworthiness for a committee with us. We may also use your data to assess your interest in receiving financial services through algorithms and mathematical modelling.
7. DISCLOSURE OF INFORMATION
You hereby expressly consent and authorize Oraan to obtain, disclose, record and/or utilize your personal or other information relating to but not limited to OC payment, OC payout, and saving motivation provided by you. This shall include sharing this information with:
any local or international law enforcement or competent regulatory or governmental agency(ies) so as to assist in the prevention, detection, investigation or prosecution of criminal, corrupt practices, money laundering activities, fraud or other related transactions;
service providers, dealers, agents or any other associate company of Oraan for reasonable commercial purposes;
any credit bureau(s).
Save for the persons listed above, Oraan will not disclose your personal or other information to any other unauthorized third parties without written intimation to you.
You agree to be responsible for all actions of the Third Party Provider or any other committee member(s) or committee manager(s) including any action that may cause any loss to any other user or any third party including Oraan and you agree to indemnify and hold Oraan and its affiliates, officers, directors, employees, contractors and agents harmless from any and all claims, demands, losses, liabilities, and for personal injury or death to persons or damage to property and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Oraan Committee or services or goods obtained through your use of the Oraan Committee; (ii) your breach or violation of any of these Terms; (iii) Oraan’s use of your user content; (iv) any negligent or intentional act or omission by the Third Party Provider or any other committee member(s) or committee manager(s) or (v) your violation of the rights of any third party, including the Third Party Providers or any other committee member(s) or committee manager(s).
You hereby consent to Oraan ceding and assigning all and any rights or obligations accruing to it under these Terms to any third party without first obtaining any further consent from you.
If any provision of these terms and conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions herein.
You consent to and authorize Oraan and/or its affiliates to communicate the following to you: [your transactional activity, educational messages, and offers for products or services via SMS and whatsapp.]