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Terms & Conditions for Loan

Terms & Conditions for Loan

PLEASE READ THESE TERMS AND CONDITIONS ("Terms") CAREFULLY. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN SOCIAL WORTH TECHNOLOGIES PRIVATE LTD AND YOU. BY CLICKING ON "I ACCEPT" OR "I AGREE" OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I ACCEPT" OR "I AGREE" OR DOWNLOAD, INSTALL OR USE THE SERVICES.

Definitions

"LENDER" shall mean a non-banking financial company or Banks with whom Xoxoday has tied up for loan sanction, which would sanction, process, and grant the Loan to the Customer(s), through its Empuls Platform Social Worth Technologies Private Limited, a company registered under the Companies Act, 2013 and having its registered office at Unit No.404, The Chambers, Viman Nagar, Pune, Maharashtra 411014.
"Company" or "we" "Fibe" shall mean Nreach Online Services Private Limited, a company incorporated under the Companies Act, 1956 having its registered office at #17, Bhagyalaxmi Square, 2nd Floor, 18th Cross Road, HSR Layout, Sector 3, Bangalore – 560102, Karnataka, India.
"Customer(s)" or "you" or "End-Users" shall mean any person who accesses, downloads, uses, views the Services.
"Loan" shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by LENDER, subject to the applicable terms and conditions of the Loan Agreement.
"Loan Agreement" shall mean the loan agreement to be executed between LENDER and the Customer(s) for granting the Loan whether in physical or electronic form as may be applicable from time-to-time.
"Outstanding Amount(s)" shall mean the Loan, interests and charges due and payable by you to LENDER, on respective due date(s).
"Platform" shall mean the Empuls App and the Empuls Website collectively.
"Services" shall mean the services of granting, sanctioning, and lending of short-term loans, through the Platform by LENDER.
"User Data" shall mean any data, information, documents, or materials submitted with the Company prior to or during the use of the Services.

Services

Through the Services, you may apply for the Loan, subject to the fulfillment of the eligibility criteria laid down by the Lender. You understand that the Company has been appointed by LENDER to collect, authenticate, track your location, verify and confirm the User Data, documents and details as may be required by LENDER to sanction the Loan. LENDER authorizes the Company to collect and store the User Data through the mobile application form ("Mobile Application Form") available on the Platform. In order to avail the Services, you are required to register with the Company by logging in through your Third Party Platforms ("User Account"). During the Application process, you shall be required to share and upload the User Data on the Mobile Application Form. User Data shall include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information, SMS and browsing history, data and login-in credentials of Third Party Platforms, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details ("Personal Information"). You agree that the Personal Information shall always be accurate, correct, and complete. As part of the Services, you authorize us to import your details and Personal Information dispersed over Third Party Platforms. You understand and acknowledge that we may periodically request updates on such Personal Information and we may receive such updated information from Third Party Platforms.
You understand and acknowledge that you shall be solely responsible for all the activities that occur under your User Account while availing of the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, or disputes arising out of the use or misuse of the Services. By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.
You understand and acknowledge that you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the Services on your electronic device is subject to the availability of hardware, software specifications, internet connection, and other features and specifications, required from time to time.
I/We hereby provide my/our consent and hereby authorize the Lending/NBFC Partners of Company and its employee, agent, or associate to contact me/us through telephonic calls, or SMS on my mobile number or through any other communication mode, to provide me/us transactional information, various loan offer schemes or loan promotional schemes or any other promotional schemes.

Restrictions

You agree not to:
  • use the Platform or the Services for committing fraud, embezzlement, money laundering, or for any unlawful and/or illegal purposes;
  • to reproduce, duplicate, copy, sell, resell or exploit any portion of the App;
  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable through the Platform;
  • use the Platform to harm or injure any third party;
  • impersonate any person or entity, on the Platform;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available on the Platform, any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available on the Platform, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam", "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available on the Platform, any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of or otherwise act in a manner that negatively affects other user’s ability to engage in real-time exchanges;
  • interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
  • intentionally or unintentionally violate any applicable local, state, national or international laws and any regulations having the force of law.
The Platform may contain links to other websites owned and operated by third parties who are not related to the Platform ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company shall not be responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
The Platform provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by the Company. Your access or use of such Linked Website is entirely at your own risk. The Company shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to these terms and conditions of that respective Linked Website.
The Platform may also contain third-party advertisements if any. The display of such advertisements does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

Disclaimer of Warranties

You expressly understand and agree that:
your use of the Services and the Platform is at your sole risk. The Services and the Platform are provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. any material downloaded or otherwise obtained through the access or use of the Platform, is at your own discretion and risk and you will be solely responsible for any damage to your computer system, electronic data or loss of data that results from the download of any such material. no advice or information, whether verbal or written, obtained by you from the Company, for the Services or through the Platform shall create any warranty not expressly stated in these Terms. The Services are intended for personal, non-commercial use. You shall be solely responsible for the use, misuse, or improper usage of the Services and the Platform. The Company shall not be liable for any damages accruing out of the use of the Services which have not been expressly stipulated under these Terms. the Company makes no warranty, including implied warranty, and expressly disclaims any obligation, that: (a) the Contents are and will be complete, Exhaustive, accurate or suitable to your requirements; (b) The Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Platform or Services will be accurate or reliable.

Indemnity

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of (i) your violation of these Terms; (ii) your violation of any rights of other users of the Platform; (iii) your use or misuse of the Platform or the Services; (iv) your violation of applicable laws; (v) delay in the payment, non-repayment of any due loan amount.

Limitation of Liability

Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage, loss, or loss of services of Platform, due to deficiency in the provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in applicable regulations, including Reserve Bank of India regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

Choice of Law and Jurisdiction

This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws. Parties further agree that the courts in Bangalore, Karnataka, India shall have exclusive jurisdiction over such disputes.