Terms & Conditions
We, are an Indian incorporated entity involved in the business of providing online loans to individuals (“Loans”) and services listed in Application from time to time (“Services”). We have tied-up with other financing companies that provide these loans and we act as an intermediary for helping our customers connect with our financing partners to provide loans.
Our logo “Loan Pe Phone”, our website “loanpephone.in” our mobile phone application(s) and other related software and/or internet based applications (collectively referred to as “application”) are owned and operated by simplify credit advisory limited a company incorporated under the laws of republic of india having its registered office at mumbai (herein after referred to as “company”). these general terms and conditions (hereinafter referred to as the “terms”) shall constitute a valid and binding legal agreement between our company and yourself. these terms and conditions (“terms”) shall constitute a valid and binding legal agreement between us and yourself, the user (hereinafter, where the context so requires, “you” or “user” are referred to interchangeably). users are requested to read these terms before registering, accessing, browsing, downloading or using anything from the application.
MOST IMPORTANT TERMS AND CONDITIONS
The Borrower has/shall have represented to the LENDER that the Borrower is in need of finance for purchasing from Merchant, and has/shall have requested the LENDER to grant to the Borrower a loan more particularly described in online application form (“Application”) being the cost of the Product which LENDER lends and advances to the Borrower on the terms, conditions and/or stipulations more particularly hereinafter appearing. (Hereinafter referred to as Sanctioned Loan).
- DEFINITIONS AND ABBREVATIONS:
The following terms/ abbreviations when used in these term & conditions shall have the following meanings.
- a) “Product” shall mean the product as per the details given by the Borrower(s) in Application and shall include all addition and accessions thereto and all replacement and renewals thereof whether made before or after the date of the Application.
- b) EMI = Equated Monthly Instalment(s) shall mean Equated Instalments means the instalment of the equal amount comprising of the principal and finance charges/interest calculated on annualized rate basis thereon payable monthly towards repayment of the loan amount throughout the tenure of the loan and is arrived at by dividing the total loan amount together with the interest calculated thereon by the entire loan term.
II.TERMS OF THE LOAN:
- Borrower has/shall have understood the procedure of disbursement of loan. Borrower understands & confirms/ shall have understood and confirmed that disbursement is considered as “effected” as and when an amount of loan is transferred from LENDER’s account to Merchants account details of the said Merchant. The processing time for loan from the time of submission of complete Application form would be up to 15 working days from the date of receipt of duly filled Application
2.The Borrower shall pay service charges/ additional service charges/ processing fee as applicable under the scheme, which shall be deducted by LENDER at the time of disbursal of loan amount to the Merchant. The one-time nonrefundable upfront interest/additional upfront interest, if applicable, is paid by the manufacturer and/ or the merchant. The annualised rate of interest is based on risk gradation, cost of funds, margin & risk premium.
3.The Borrower(s) undertakes & confirms/shall have undertaken and confirmed that:
(i)the Sanctioned Loan would be disbursed by LENDER to the Merchant in one lump sum or in such installments as may be decided by LENDER.
(ii)The Sanctioned Loan shall be repaid by the Borrower during the period of months from the date of first due date mentioned in Loan Term Sheet(Hereinafter referred to as the “Loan Term”).
(iii)LENDER is hereby authorized to make payment of the Sanctioned Loan directly to the Merchant on Borrower’s behalf, which along with the finance charges/interest on annualized rate basis as mentioned in Application/ Loan Term Sheet / Loan Details Slip/Loan Details Sheet hereunder shall be a debt due by the Borrower to LENDER, to be repaid as per the terms of these terms & conditions.
4.The Borrower(s) shall utilize the Sanctioned Loan only for the purchase of the Product and for the payment of expenses incidental thereto and for no other purpose
5.The Borrower(s) shall repay/pay the Sanctioned Loan and finance charges/interest (on annualised rate basis) in EMI in the manner and within the Loan Term. The Borrower(s) confirms/shall have confirmed of having perused, understood LENDER’s method of calculating annualized interest on the EMI as specified in Online Application Form/Loan Term Sheet.
- That the EMI shall automatically stand increased be reason of increase in any rates, taxes, charges, imposts, levies and monies whatsoever that are or may be levied on the EMIs or the transaction contemplated here under or are or may become payable by LENDER by virtue of these terms & conditions. Such increase in rates, taxes, charges, imposts, levies and monies as stated above shall automatically form part of the
Sanctioned Loan. LENDER shall be entitled to revise the rate of interest at any time and from time to time as per.
a)Its policy and/ or applicable laws and regulations, if any, during the Loan Term, at its discretion and such revised interest shall deemed to form part of the Sanctioned Loan and the Borrowers shall also be liable to pay such increased amount of interest in such manner and within such period as may be determined by LENDER in its sole discretion.
b)The due date for the payment of EMI shall be as indicated in Application/ Loan Term Sheet/ and it is understood that time shall be the essence of the Terms & Conditions.
7.PAYMENT OF EMI DUES:-
a).Borrower has given post dates cheques in favor of LENDER covering all the amounts due to LENDER on these terms and conditions including the EMI towards the Sanctioned Loan as stipulated herein and each such postdated cheque carries the date on which the EMIs is due. The Borrower(s) shall have / hereby unconditionally and irrevocably, covenant that irrespective of the fact that the post dated cheques are given at or before the execution of these terms & conditions, the post dated cheques given by the Borrower(s) will be valid as from the respective date of such cheques and that at any point of time the Borrower(s) shall not claim that they are invalid due to any reason whatsoever. The Borrower(s) further confirms/shall have confirmed that he/she shall ensure availability of funds in the account on which such post dated cheques have been drawn and the Borrower(s) will not at any time close his account and/ or issue any notice instructing LENDER not to present any of such cheques for encashment or instruct these bank to stop payment on any of such cheques. The Borrower(s) further confirms / shall have confirmed that the loan facility under these terms & conditions has been/shall be made available by LENDER on the basis of post dated cheques issued by the Borrower in favor of LENDER towards repayment of EMI payable by the Borrower to LENDER under these terms and conditions.
b).Borrower has/shall have given NACH/any other electronic or other clearing mandate in favor of LENDER covering all the amounts due to LENDER under these terms and conditions including the EMI towards the Sanctioned Loan as stipulated herein. The Borrower(s) shall have unconditionally and irrevocably covenanted/hereby unconditionally and irrevocably, covenants that irrespective of the fact that the Cheque/ NACH mandate/ Any other electronic or other clearing mandate and that at any point of time the Borrower(s) shall not claim that they are invalid due to any reason whatsoever. The Borrower(s) further confirms that he shall ensure availability of funds in the account on which such NACH Mandate/ Any other electronic or other clearing mandate have been drawn and that the Borrower(s) will not at any time close his account and/ or issue any notice instructing LENDER not to present any of such NACH Mandate/ Any other electronic or other clearing mandate issued by the Borrower in favor of LENDER towards repayment of EMI payable by the Borrower to LENDER under these terms and conditions.
8.Any dispute or difference of any nature whatsoever shall not entitle the Borrower(s) to withhold or delay payment of any EMIs or other sum and LENDER shall be entitled to present the post dated cheques/ NACH Mandates/ Any other electronic or other clearing mandate to the bank on the respective due dates. The Borrower confirms that the said cheques are issued against a future contingent debt and not just as a mere security for repayment of the loan and that in case of default the Lender is fully authorized to initiate applicable legal proceedings including a suit under Negotiable Instruments Act.
- All sums payable by the Borrower(s) to LENDER shall be paid without any deductions whatsoever. Credit/ discharge for payment will be given only on realization of amounts due.
10.LENDER shall be entitled to adjust the Advance EMI and/or security deposit/ initial payment made by the Borrower and as more specifically described in Application/ Loan Term Sheet/ hereunder towards any outstanding amount in such manner and at such time as LENDER may determine in its sole discretion.
11.In respect of any delayed payments, without prejudice to all other rights of LENDER under these terms and conditions.
a) LENDER shall be entitled to recover Penal Charges from the Borrower described in Clause 21 (a) here below.
b) Any sums received by LENDER from the Borrower(s) shall be appropriated first against the delayed penal charges or any other claim of LENDER on the Borrower(s) and thereafter against the overdue EMI payment.
12.The Borrower(s) shall have no right to terminate the terms & conditions save by payment, in full, of all monies payable under the terms & conditions to LENDER.
13.Notwithstanding anything stated elsewhere in these terms & conditions, the EMI, the outstanding amount of the Sanctioned Loan, interest, additional interest, fees, expenses, and all other sums whatsoever payable by the Borrower(s) to LENDER hereunder and or in connection with the said Sanctioned Loan (hereinafter referred to as the “Borrower(s) Outstanding”) shall be payable by the Borrower to LENDER on demand. LENDER may at any time in its sole discretion and without assigning any reason call upon the Borrower to pay the Borrower(s) Outstanding and there upon the Borrower shall within 15 days of being so called upon pay the whole of the Borrower(s) outstanding to LENDER without any delay or demur.
14.The Borrower(s) shall be exclusively responsible for delivery of the Product from the Merchant/manufacturer/seller, as the case may be and LENDER shall not be liable for any delay in delivery or non-delivery of the product and or with respect to the quality, condition, fitness, suitability or otherwise whatsoever of the said Product.
15.The Borrower(s) expressly understands /shall have understood these terms & conditions is entered into in respect of a financing transaction giving rise to a relationship of debtor and creditor as between him and LENDER, and not in respect of any service rendered/to be rendered by LENDER. Accordingly the provisions of the Consumer Protection Act, 1986 shall not apply to the transaction forming subject of these terms & conditions.
16.The Borrower shall not be entitled to any increase in the principal amount of the Sanctioned Loan either by reason of any increase in the purchase price of the product. However in the event of any decrease in the purchase price, LENDER may in its discretion reduce the principal amount of the Sanctioned Loan.
17.The Borrower(s) shall, during the period of these terms & conditions.
a) Observe and perform all his obligations under the terms and conditions.
b) Ensure timely payment of the EMI to LENDER and ensure that the cheques/ NACH / Any other electronic or other clearing mandate issued towards payment of the EMI are honoured on presentation. It is the duty of the Borrower(s) to ensure that his bank account has been debited towards the EMI and in case of his account not been so debited the, Borrower(s) shall be obliged to inform LENDER in these regard within 3 days from the due date of such EMI.
c) Not use the product for unlawful or antisocial purposes.
d) Not remove the product from the State without the written consent of LENDER.
e) Not do or suffer any act or thing whereby the product may be detained or taken in the execution under legal process or by any public authority or government department.
f) Not use or permit the use of the product for any purpose not permitted by the terms of the insurance policy not do or permit to be done any act or thing which might render the insurance invalid.
g) Pay and bear all taxes rated, duties, charged and other imposts and obligations, existing as well as in future, in respect of the product and the transaction hereunder.
h) Permit LENDER and its representative at all reasonable times to inspect, view and examine the state and condition of the product and the documents relating thereto and/ or to produce the same for inspection to LENDER or its representative at the place designated by LENDER
i)To do all such things and execute all such writings as LENDER may require from time to time for duly or more perfectly securing the repayment of the Sanctioned Loan.
j) Not pledge attempt to pledge or sell or attempt to sell, encumber, transfer or part with possession of the product, nor in any manner deal with the product, or do or omit to do anything the act or omission of which would impair LENDER’s security over the product.
k) Not to default or delay in the payment of the instalment or his dues beyond the due dates.
- a) The Borrower shall be solely responsible for insurance of the product including renewal of insurance and shall insure and keep it insured comprehensively against all risks and such eventualities during currency of the loan. Under no circumstances LENDER shall be responsible for insurance of product or for any third party claim that may arise due to accident of the product.
- b) If the product suffers any damage, or is lost stolen or destroyed whether due to any risk covered by insurance or otherwise and whether due to any negligence or wrongful act of the Borrower or otherwise, the Borrower(s) shall notify. LENDER and the insurance Company of such damage loss theft or destruction within 48 hours of its occurrence. The Borrower(s) shall also immediately lodge a report/FIR in respect of such damage loss theft or destruction with the police and other competent authorities as per law.
c)If the product is lost stolen damaged or destroyed, LENDER shall have the right to appropriate any insurance recovery towards payments of the entire balance of the Sanctioned Loan and other dues including the portion that would otherwise have been repayable in future. If after such appropriation there is any surplus left over,it shall be paid to the Borrower and if there is any deflect, then the Borrower shall be liable to pay the entire deficit forthwith. LENDER may however, in its sole discretion, permit the Borrower to pay the deficit amount in re-adjusted EMIs as determined by LENDERs. LENDER shall remain entitled to encash the post dated cheques referred to hereinabove until the deficit amount is fully paid.
d)If the product is damaged, and if LENDER considers that the damage is fully repairable, it may release the insurance amounts recovered for the purpose of repair of the product and continue the Sanctioned Loan on the original terms
19.Security: The Sanctioned Loan, interest, additional penal charges, fees, expenses, and all other sums whatsoever including but not limited to Borrowers Outstanding payable by the Borrower(s) to LENDER hereunder shall be secured by way of hypothecation of the Product on which LENDER shall have first and exclusive charge
20.Events of Default: A default shall be deemed to have been committed if the Borrower(s) does not comply with its obligations contained in these terms & conditions and also if:-
a)It is found that the Borrower(s) has/ have made any misrepresentations to LENDER.
b)The product is confiscated attached taken into custody by any official authority or other person made subject to any proceedings or is disclaimed endangered stolen or damaged or bodily injury is caused to any third party by accident or
c)The Borrower dies or is declared insolvent by Competent Court/ compounds with his creditors or permits any attachment or sequestrations or other process against any of his assets or properties
d)There exist any Circumstances which in the opinion of LENDER jeopardizes LENDER’s interest or security;
e)The Borrower(s) commits any default under any other terms & conditions with LENDER. Upon the occurrence of an Event of default the Borrower(s) outstanding shall forthwith become payable to LENDER without any notice to the Borrower(s) fail to pay the Borrower(s) outstanding or any part thereof, the Borrower(s) undertakes to forthwith surrender to the LENDER or its representatives the product financed by the LENDER (or any other product of such value as approved by LENDER which would satisfy the dues of LENDER) and LENDER, on behalf of Borrower, shall be entitled to dispose the same and adjust the proceeds against the Borrower(s) outstanding. If there is any deficit the same shall be made good to LENDER by the Borrower. Without prejudice to the forgoing and in addition thereto LENDER shall also remain entitled to encash the post dated cheques/ Electronic Clearing Mandate/ Any other electronic or other
clearing mandate referred to herein above until all money due under the terms & conditions are fully paid up.
21.Remedies in case of default: The following are without prejudice to the other as also to other rights and remedies under law or in equity:
- a) DEFAULT CHARGES
In case of default by reason of the cheques/ NACH Mandate / Any other Electronic or other clearing mandate being dishonored, LENDER shall charge Rs.180.0 per month in respect of each default.
ii. In case of delay in payment of instalment dues, LENDER shall charge dues @ 3% pm on an amount outstanding as on that date.
b) In case of delay in payment of instalment dues or default by reason of the cheques/ NACH Mandate/ Any other Electronic or other clearing mandate being dishonoured, LENDER shall charge penal as LENDER may decide from time to time for per month/per default.
c) In case of default by reason of the cheques/ NACH Mandate/ Any other Electronic or other clearing mandate being dishonored. LENDER shall be entitled to initiate legal proceedings under Section 138 of Negotiable Instruments Act.
d) LENDER shall also be entitled to take recourse to other legal remedies under appropriate provisions of the Civil Procedure Code Criminal Procedure Code Indian Penal Code,and or under any other law which may be enacted or in force to protect the interest of lenders.
22.The Payment of EMI shall be made by Borrower(s) to LENDER at the address from time to time nominated by LENDER and failing such nomination, at the registered office of LENDER.
23.Any notice to be given to the Borrower(s) in respect of these terms & conditions shall be deemed to have been validly given if served on the Borrower(s) or sent by registered post to or left at the address of the Borrower(s) existing or last known business or private address. Any such notice sent by registered post shall be deemed to have been received by the Borrower(s) within 48 hours from the time of its posting.
24.Upon the Borrower(s) paying to LENDER all the EMIs on the due dates as specified in the Application/Loan Term Sheet and also upon paying to LENDER all other sums payable by the Borrower(s) to LENDER under these Terms & conditions, the Sanctioned Loan shall come to an end.
25.Any statement of account furnished by LENDER regarding the balance amount due and payable by the Borrower(s) under these terms & conditions shall be accepted by and be binding on the Borrower(s) and shall be conclusive proof of the correctness of the amount mentioned therein. Without prejudice to what is stated above, if the Borrower(s) desire to question any statement or any part thereof the Borrower(s) shall
furnish LENDER full details of the same within 15 days of the receipt of the statement by the Borrower(s) and LENDER may consider the same and the Borrower(s) shall not entitle to object to the same thereafter on any ground whatsoever. It is however clarified that the Borrower shall not be entitled to default or delay the payment of the instalments on the ground of the Statement of Account furnished by LENDER being inaccurate or any other ground.
26.LENDER shall give notice to the Borrower(s) of any change in the terms and conditions including disbursement Schedule, interest rates, service charges, prepayment charges etc. LENDER shall ensure that changes in interest rates and charges are effected only prospectively. The Borrower(s) shall be bound by the aforesaid change and shall not dispute the same.
27.Assignment of rights
a) The Borrower shall not be entitled to assign its rights and obligations under these terms & conditions save and accept with the consent of LENDER. The Borrower shall not transfer or alienate or otherwise deal with the product in any manner whatsoever except for his use.
b) All costs (including Advocate cost) charges, expenses, taxes, duties (including stamp duties) in connection with these terms & conditions any documents executed pursuant hereto ,the creation, enforcement , realization of the security and insuring, taking possession or maintain ,storage and selling of the products shall be borne and paid by the Borrower(s) alone.
c) In the event of demand made by any banks or Financial Institution(s) from whom LENDER has obtained financial assistance, the Borrower shall pay the EMI directly to such Bankers/Financial Institutions. The Borrower(s) undertakes that he shall not do or cause to be done anything which will impede the rights of such Bankers/ Financial Institutions in their recovery of any dues, including the rights over the product.
d) LENDER shall be entitled to grant/transfer/assign any or all of its rights, benefits, obligations, duties and liabilities under these terms and conditions including the rights to receive instalments and loan balance by way of sale, transfer, securitization, charge or as a security or otherwise to any person or entity and in event of such assignment by LENDER, the Borrower shall perform his obligations to such assignee.
28.The Borrower(s) expressly understands that any legal proceedings against him arising out of these terms & conditions shall be instituted in the courts at Mumbai
- All claims, disputes, differences or questions of any nature arising between the parties to these terms & conditions, whether during or after the termination of these Terms & conditions, in relation to the construction, meaning or interpretation of any term used or clause of these terms & conditions or as to the rights, duties, liabilities of the parties arising out of these terms & conditions, shall be referred to the arbitrator appointed by LENDER. The Parties hereto mutually agree and confirm that the arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act,1996 as amended from time to time and the proceedings shall be held at Mumbai. Pending the giving of the Award including Interim Award, the Borrower shall be liable to perform its obligation under these terms & conditions including payment of the instalments and other outstanding to LENDER in keeping with the provisions of these terms & conditions.
30.LENDER shall, as it may deem appropriate and necessary, be entitled to disclose all or any:
I)Information and data relating to the Borrower.
ii)Information or data relating to the loan facility, Loan Terms and/or the Asset(s),if any, furnished by the Borrower in favour of LENDER;
iii)Obligations assumed/ to be assumed by the Borrower in relation to loan facility under the Loan Terms or Asset(s),if any, furnished by the Borrower for any other credit facility granted/ to be granted by LENDER;
iv)Default if any, committed by the Borrower in discharge of the aforesaid obligations, to the Credit Information in Bureau (India) Limited (CIBIL) and any other agency authorized in these behalf by the RBI. CIBIL and/ or any other agency so authorized may use and/ or process the aforesaid information and data disclosed by LENDER in any manner as deemed fit by them. CIBIL and/ or any other agency so authorized may furnish for consideration the processed information and data or products thereof prepared by them, to LENDER/ financial institutions and other credit grantors or registered users, as may be specified by RBI in these behalf. All information and data furnished by the Borrower to LENDER from time to time shall be true and correct.
31.The Borrower(s) undertakes/ shall have undertaken that each of his obligations under these terms & conditions is independent and severable from the rest. If any obligation is found not enforceable by a court of law, for any reason, the Borrower shall continue to remain bound by the other obligations stipulated herein.
32.The Borrower acknowledges/shall have acknowledged that the rate of interest, penal charges, service charges & other charges payable by the Borrower under these Terms & conditions are reasonable and acceptable to him.
33.Although, Borrower/s has/ have given Promissory Note for Loan amount, in case of default, Borrower/s will be liable to repay to LENDER the loan amount along with interest rate mentioned in Loan Terms Sheet from the date of default till actual payment.
34.In case of death of Borrower, the Promissory Note given by the Borrower will be invoked against his/ her/ its legal heir/s successor/s.
35.The Borrower(s) acknowledges/shall have acknowledged that the contents of the terms and conditions have been fully explained to and understood by him at the time of availing the loan.
36.A copy of these Terms & conditions is being delivered to the Borrower(s) and the Borrower(s) affirm the receipt of the same.
GENERAL TERMS AND CONDITIONS
To take Loan(s) or avail Services from us you have to create a User Account (“Account”). You are solely responsible for maintaining the secrecy of your user id and password for the Account and shall be responsible for all activities that occur in connection with your Account. In case of any unauthorized use of your Account the same shall be intimated to us. You shall not create multiple Accounts and shall not use your Account for any purpose that is unlawful, illegal or forbidden.
To create an Account (i) you shall be atleast 18 years of age; (ii) shall not be a person either barred or otherwise legally prohibited from taking Loan or availing Services offered by us; (iii) should be a resident national of India; (iv) you shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity or affiliation with any person or entity.
Submission of Information:
While creating the Account you will be asked to provide certain information (“User Details”). We request you to provide complete and accurate information about yourself to bolster your credibility. You confirm and warrant that the details submitted are true and correct and we can rely on it for providing the Loan and/or Services sought by you through the Application.
- In order to use the Loan Pe Phone System and avail the Service, you must register for and maintain a service account. Account registration requires you to submit certain information such as your name, address, mobile phone number and age and any unique identifier that may be issued to you by Loan Pe Phone.
b. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use Loan Pe Phone Systems and/or the Services or result in Loan Pe Phone termination of this agreement with you. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Loan Pe Phone in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to Loan Pe Phone shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.
By providing us your phone number / address / email address during sign up you consent to receive communications, notices and promotional information from us through post or other physical medium or electronically (whether through SMS, WhatsApp, emails, phone calls and automated phone calls). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by You during the sign-up process as per our records, or when we post the electronic communication on the Website.
Grant of Authority:
Pursuant to you creating the Account and submitting the User Details we will be hold and process personal information obtained from you. You grant us authority to use the same for (i) access credit bureau information (ii) access, view and download your central kyc data (CKYC) from Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI)(iii) share your credentials with our lending partners for helping them make lending decisions (iv) to offer other Services (v) share details to other service providers to offer various products and services which you may need (vi) for the purposes of fraud prevention and debt collection (vii) to understand your financial needs (viii) servicing our relationship with you and to provide you with better customer services, products and offers. You grant us authority to pass such information to other agents as permitted by law.
By using our Application you agree that you shall not (a) use our Application for spamming or any other illegal purposes;(b) infringe ours or any third party’s intellectual property rights, rights of publicity or privacy; (c) post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person; (d) post or transmit any message, data, image or program which violates any law; (e) refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to us; (f) remove, circumvent, disable, damage or otherwise interfere with security related features of our Application or features that enforce limitations on the use of Application; (g) upload any content that constitutes negligent advice or contains any negligent statement, an incitement to commit a crime or contains instructions for the commission of a crime or the promotion of criminal activity; or any content which is in contempt of any court, or in breach of any court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of another’s privacy, blasphemous; in breach of any contractual obligations or depicts violence or is pornographic, paedophilic, obscene, suggestive or sexually explicit; or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever; (h) upload any content that threatens the unity, integrity, defence, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation; (j) upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (k) reverse engineer, decompile, disassemble or otherwise attempt to discover our source code for the Application or any part thereof or infringe any patent, trademark, copyright or other proprietary rights; (l) use our Application in any manner that could damage, disable, overburden, or impair, including, without limitation, using Application in an automated manner; (m) modify, adapt, translate or create derivative works based upon Application or any part thereof; (n) intentionally interfere with or damage operation of Application or any other user’s use of Application, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; (o) use any robot, spider, other automatic device, or manual process to monitor or copy Application without our prior written permission; (p) interfere or disrupt Application or networks connected therewith; (q) take any action that imposes an unreasonably or disproportionately large load on Application; (r) use any device, software or routine to bypass Application robot exclusion headers, or interfere or attempt to interfere, with the Application; (s) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Application or to manipulate your presence on Application; (t) use the facilities and capabilities of Application to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; (u) breach these Terms or any other policies which we have; (u) provide false, inaccurate or misleading information to Application; and (w) use Application to collect or obtain personal information, including without limitation, personal information about other users of our Application.
By creating Account, you agree to receive communications in connection with the Application and from affiliate sites. You also authorize us, our associates, partners to contact you via email or phone-call or sms and offer you their services, products, imparting product knowledge, offer promotional offers, as well as web aggregation. Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us, our associates and our partners for the above-mentioned purposes.
Interest Rate, Service Fee and Default Rate:
As consideration for availing Loan/Service you will bound to pay Interest Rate/Service Fee as may be applicable as mentioned in our Application. In case of any delay in repayment towards the loan availed you shall be liable to pay Default Rate as mentioned in our Application. Rate of interest for Loan, Default and Services will be governed by the loan agreement/Service Agreement/Terms and Conditions to be executed between you subject to grant of Loan or for Services.
The user herein agree to indemnify and hold us harmless from and against any and all claims, action, liability, cost, loss, damage, endured by us by your access to the Application.
Content of the Application:
You do not have the right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You shall not copy and use the software, text, images, graphics, video and audio used on this Application (“Content”). You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services. We neither represent nor warrant that your use of materials displayed at the Application will not infringe rights of third parties.
Our Application, Loan terms or Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Third Party Web Links:
We have not reviewed any sites that may be linked to our Application and is not responsible for the content of any off-site pages or any other sites linked to the Application.
We make no warranties or representations as to the accuracy of information contained in our Application, the information contained is on an “as is” and “as available” basis and hence disclaim any and all liability for the accuracy, completeness, or correctness of such information. The creation of the Account and submitting your interest for loan/services does not assure grant of Loan or Services.
We use reasonable efforts to safeguard the security of the Application; however there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Application. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Application.
Breach of the Terms:
Without prejudice to our rights under these Terms, if you breach these Terms and in any way, or if we suspect that you have breached these Terms in any way, we may (i) send you one or more formal warnings; (ii) temporarily suspend your access to Application; (iii) permanently prohibit you from accessing Application; (iv) block computers using your IP address from accessing Application; (v) contact any or all of your internet service providers and request that they block your access to Application; (vi) commence legal action against you, whether for breach of contract or recovery of amounts due or damages or otherwise; and/or (vii) suspend or delete your account on Application.
We may assign, transfer, and sub-contract our rights / obligations under these Terms. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
If any of these Terms is founded to unenforceable or invalid by a court, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
Governing law and Jurisdiction:
The laws of the India, without regard to its conflict of laws rules, will govern these Terms. If you take any legal action relating to your use of the Application or these Terms, you agree to file such action only in the courts located in Mumbai, India.
Feedback & Details of Grievance Officer:
You may provide feedback and reviews to or in case of any grievance, by writing to us at email@example.com
If the matter is not resolved at the first instance by the Grievance Officer then the same may then be settled by arbitration by a single Arbitrator appointed by us. The arbitration shall be held, in Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of Arbitration shall be in English.
These Terms and your activity under this Terms are an electronic record in accordance with the (Indian) Information Technology Act, 2000 and these Terms being electronically generated by a computer system and does not require any physical or digital signatures. We recommend you to print out a copy of these Terms for your future reference. We reserves the right to modify these Terms and other policies applicable in general and/or to specific areas of our Services or to a particular service which shall also be considered as part of these Terms, at any time without giving you any prior notice, and such changes shall be binding on you.