1. GENERAL CONDITIONS
The website by the domain name “www.finansme.com” (hereinafter collectively referred to as the “Platform”) are owned and managed by Power2sme Private Limited, a company duly registered under the provisions of the Indian Companies Act, 1956 having its registered office at 1-B, Vikrant Enclave, Mayapuri, New Delhi, India- 110064 (hereinafter referred to as “Company”). The Platform is an electronic platform providing lending facilities such as personal loans and business loans to SMEs/users through various Non Banking Financial Corporations (NBFCs) and Banks (hereinafter collectively referred to as “Banking Partners”) subject to the terms and conditions mentioned herein along with terms and conditions of such Banking Partners. The Company (“we”, “us”, “our”) is just a facilitator enabling the users availing alone facilities through third party (Banking Partners). The Company is not registered as a Financial Institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
2. SCOPE OF SERVICES
(a) Through the Platform, the Company is providing certain “Services” including but not limited to: (a) collecting user information; (b) acting as a facilitator between the users and Banking Partners for processing loan application as may be made by the user; (c) collecting KYC details (as required from time to time) from the users on behalf of Banking Partners; (d) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) and (e) any specialty or additional services as the Company may offer to users from time to time.
(b) To the extent You access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Service, You agree that we may communicate with You regarding Company’s Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.
(c) You hereby acknowledge and agree that Service of the Company is a mere venue/platform for our users/customers to apply for business and personal loans through our Platform, whereby Company act as a facilitator between the users/customers and the Banking Partners for processing loan applications as made by its users/customers. Company reserves the right to decline your application for a loan or to revoke the same at any stage at its sole and absolute discretion and without assigning any reason or giving any notice thereto.
(d) Banking Partners reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan and/or vary the terms of any loan depending on its assessment of the credit profile of each individual borrower/user from time to time. The terms of the loan and the interest rate payable in relation to each loan application shall be decided by the Banking Partner and intimated to the users. In the event any users/customer have any dispute and/or claim including but not limited to the loan, repayment, interest or the loan application, the same shall be made against the respective Banking Partner. You hereby acknowledge and agree that, we do not take part in the actual transaction between the users and the Banking Partners as listed on our Platform and hence are not a party to any contract for loan between users and the Banking Partners. All transactions shall be the responsibility of the users/customers only. This Term of Use/agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and other party.
3. PLATFORM ACCESS, LICENSE AND OTHER CONDITIONS
(b) Subject to the terms and conditions of this Term of Use, Company grants You a limited license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of the Platform or its contents; any derivative use of the Platform or its Contents; any downloading or copying of other users account information; or any use of data mining, robots, or similar data gathering and extraction tools for unauthorised collection of data. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, rented, leased, transferred, assigned or otherwise be exploited for any commercial purpose without express prior written consent of the Company and/or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company or its affiliate's name or trademarks without the express written consent of the Company and/or its affiliates, as may be applicable. Any unauthorized use terminates the permission or license granted by the Company and/or its affiliates, as may be applicable. You are granted a limited, revocable, and nonexclusive right to use the Platform so long as You use does not portray the Company, the Platform or their affiliates, or their products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of the Company and/or its affiliates, as may be applicable.
(e) Company reserves the right to verify the authenticity and status of your account. Company's initiating your loan application and the current status of your loan application will be displayed on the Platform and You can access such information by login in your account through the Platform. You hereby acknowledge and accept that the acceptance and initiating your loan application does not create any obligatory and/or contractual relationship between You and the Company and/or the Banking Partners, beyond the terms and conditions that apply to You under this Term of Use.
(f) This Term of Use applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the Platform for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use the Platform solely for their own personal or internal purposes. This Term of Use applies to all of the Companyâ€™s Services offered on the Platform, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
4. YOUR CONDUCT
You acknowledge and agree that:
(a) If You use the Platform, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and 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 unauthorized manner. Please ensure that details You provide to us are correct and complete and inform us immediately of any changes to Your Content that You provided at the time of registration. You can access and update much of Your Content in your account area of the Platform. Company reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion. The right to use the Platform is personal and is not transferable to any other person or entity;
(b) You shall not: (a) use the Platform in any unlawful manner (including, without limitation, in violation of any data, privacy or other applicable laws) or in any manner that interferes with or disrupts the integrity or performance of the Services and/or the Platform or its components, (b) modify, adapt or hack the Platform to, or otherwise attempt to, gain unauthorized access to the Platform or networks, or (c) use the Platform to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services available at the Platform;
(c) You acknowledge that the third party Banking Partners shall be responsible for any claims, losses, failure to conform to any warranty with respect to their loan application and/or loan as issued by the respective Banking Partner. Company will have no obligation whatsoever with respect to any claims as stated above and hereby disclaims all warranties either implied or otherwise;
(d) Payment and address details entered by You during the course of your first transaction on the Platform are securely stored by the Company to enable it to facilitate other purchases by You over the Platform. You represent and warrant to the Company that such information and Your Content is true and that You are authorized to use the payment instrument. You will promptly update your account information and Your Content with any changes (for example, a change in your billing address or credit card expiration date) that may occur from time to time.
(e) Use of the Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You may use the Platform only with involvement of a parent or guardian.
(f) Company uses reasonable security measures to protect the data we receive via the Platform. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that You are using the Platform and sharing Your Content and information at your own risk.
(g) You hereby agree that, You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content”). Company reserves the right to access your account in order to respond to your requests for technical support. By posting or providing Your Content on or through the Platform, You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content. Company has the right, but not the obligation, to monitor the Services, Platform content, your account and/or Your Content. You further agree that Company may remove or disable any content from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
(h) You must not use the Platform for any of the following: