Terms & Conditions

As a user ("User" or "You") of the Platform, You understand that Platform provides access between multiple Users in the form of consumers, data partners and other borrowers, service providers etc. with a view to facilitate lending and borrowing activities. It is hereby clarified that the term "Users" shall mean any person using the Platform i.e. consumers. Your use of this Platform implies that You have read, understood and agreed to abide by the terms & conditions ("Terms & Conditions") stated herein below.

These Terms & Conditions read together with our privacy policy govern your usage of the Platform and the terms for the usage of Services provided on the Platform (“Product”). If You disagree with any part of these Terms & Conditions, please do not use the Platform.

Please read these Terms & Conditions carefully before accessing or using our Platform. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions. If You do not agree to all the terms and conditions of this agreement, we recommended you to stop your operating of registration and used the Products through the Platform.

1.GENERAL

The App provides access to an online platform bringing together consumers, financial institution, data partners and other partners willing to abide by the Terms & Conditions herein. we provides various kind of personal loan products as displayed on the Platform.

The Platform merely facilitates transactions between the NBFC and Users. The NBFC is not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.

The Platform facilitates access between the NBFC on the one hand and person in need of borrowing on the other hand. The final decision as regards lending and borrowing is subject to the discretion of the NBFC. In addition to the foregoing, the Platform also provides certain other services(authorized by the NBFC) with respect to data analytics subject to these Terms & Conditions.

In the event You wish to avail any of the Products displayed on the Platform, You will be required to provide certain information and our representatives may contact You through phone or email to understand Your requirements.

The Platform provides various services, including but not limited to (“Services”):

Facilitating access of Product between the NBFC and the Users on its Platform; Monitoring and updating the credit report obtained by the User through the use of the Platform as and when Company receives such report from the authorized agents; Provision of support to the Users in verifying the financial capabilities of Users; Company is doing spend analysis on the backend which analyses Your income and expenses which is obtained by the Company by way of bank SMS scraping and through its integration with service provider and this is not shared with you. In the event You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider, You shall ensure to take all steps to enable the NBFC’s representative’s to contact You via phone to provide details about different financial products and You shall ensure that such calls received by You are pursuant to You providing Us with information.

All Services and Products availed by the User on the Platform shall also be governed by agreements entered into between the NBFC and User specific to Services or Products, prior to availing the Services/Products.

For the provision of the above mentioned Services, Platform will be using and sharing the information of the User with multiple financial institutions and other parties, as may be required for the purpose mentioned above and the Company shall also run multiple credit checks to be able to get the best available offers to suit the needs of the Users. The collection, storing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy.

2.ELIGIBILITY

The User of this Platform unequivocally declares and agrees that the User is a natural / legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the Services in accordance with the terms and conditions detailed hereinafter. By registering on the Platform, the User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions, or otherwise violates an agreement entered into through the medium of the Platform, the Platform may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Platform and / or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if the Platform believes that User is under the age of 18 years.

3.ACCEPTANCE OF TERMS AND CONDITIONS

As a User of this Platform, You have agreed to the Terms & Conditions provided hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform. You are advised to read and understand the said Terms & Conditions and in case You do not wish to agree to these Terms & Conditions, please refrain from using the Platform.

The Platform reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes. User’s continued use of the Platform following the modification of these Terms and Conditions will imply the acceptance by the User of the revisions.

4.YOUR ACCOUNT

If You wish to use the Platform, You are required to maintain an account and will be required to furnish certain information and details, including Your name, email id, contact number and any other information deemed necessary by the NBFC and as further detailed in the Privacy Policy. You are responsible for maintaining the confidentiality and security of Your account, password, activities that occur in or through Your account and for restricting access to Your computer to prevent unauthorized access to Your account. 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 the details You provide Us are true, correct, accurate and complete. Upon the Platform and the NBFC gaining knowledge of having any reasonable suspicion that the information provided by You is wrong, inaccurate or incorrect, the Platformshall immediately terminate Your account without any notice to You in this regard. In the event of any changes to the information shared by You at the time of registering Yourself on the Platform, You shall be responsible for forthwith notifying the said changes to Us.

YOUR REGISTRATION OBLIGATIONS: In consideration of your use of the Service/Platform, you agree to: provide true, accurate, current and complete information about yourself, your payment accounts and payment Instruction(s), your payee details; and maintain and promptly update the above mentioned information/data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Platform or the NBFC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Platform has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

AUTHORITY TO DEBIT PAYMENT ACCOUNT: You shall furnish to the Platform or the NBFC an unconditional ECS Mandate or e-NACH or e-mandate in the manner and form prescribed by the RBI and required by the Company and/or third party providing the service, designating the payment accounts or debit cards or any other mode from which you intend to, using the ECS or e-NACH or e-mandate mechanism, to effect the payments for the payment instruction(s) to be given by you from time to time. You also agree to submit a copy of the ECS Mandate or e-NACH or e-mandate to your banker maintaining the payment account(s). For payments, where the ECS or e-NACH or e-mandate mechanism is not used, you undertake to authorize the Company or third party in such manner and form as may be prescribed by Company or third party and the applicable law in that regard, to debit your payment account(s) and effect the payment(s).

Your submission of the Repayment Instruction(s) from time to time shall constitute an irrevocable and unconditional authority to the NBFC and/or the Platform to initiate the process through ECS or e-NACH or e-mandate or otherwise for debiting the payment account(s) and making the repayment of your loans.

It shall solely be your responsibility to choose the date for the repayment of your loans (“Payment Date”) to the NBFC bill(s) well in advance of the due dates so that NBFC and/or Platform has sufficient time to process your payment instruction(s) and make the funds available to the NBFC by the due date of loans. If the date on which payment is credited to the account of the NBFC happens to be after the Due Date, you shall be liable to pay the delayed/late charges and/or for all other consequences as per the then existing policy of the NBFC and the Platform. The NBFC and/or Platform assumes no responsibility and shall incur no liability if it is unable to effect any payment instruction(s) owing to any one or more of the following circumstances on the Payment Date or otherwise:

a. If the Repayment Instruction(s) issued by you is/are incomplete,  inaccurate, invalid or delayed.

b. If the Repayment Account has insufficient funds/limits to cover for the amount as mentioned in the Repayment Instruction(s)

c.If the funds available in the Repayment Account are under any encumbrance or charge.

d.If your Bank or the NCC refuses or delays honoring the Repayment Instruction(s).

e.Circumstances beyond the control of Company and/or third party (including, but not limited to, fire, flood, earthquakes, natural disasters, bank strikes, power failures, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

If Company and/or third party fails to effect the Payment Instructions on/before the Payment Date for any reason other than the reasons mentioned above and such failure is directly and solely attributable to Company and/or third party, then in such an event, the liability of Company and/or third party shall be restricted to late payment charges, if any. Under no circumstances shall Company and/or third party and/or its officers, directors, employees or agents shall be liable for any indirect, incidental, consequential or punitive damages, or for loss of profit, revenue, even if advised of the possibility of those damages except to the extent as mentioned above.

You can access and update most of the information You provided us on the ‘dashboard’ area of Your account after You log-in or by writing to Us at [service@yomoyo.in] The right to use this Platform is personal to the User and is not transferable to any other person or entity.

You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to the Platform terminating Your account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.

5.PRIVACY

The Platform is authorized by the NBFC and will collects certain information from You in order to provide the Services. The Platform’s use of Your personal information is governed in accordance with the Privacy Policy.

6. LICENSE AND ACCESS

The Platform grants You a limited license to access and use the Platform for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of the Platform and / or its affiliates, as may be applicable. Any unauthorized access to the Platform or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms & Conditions, is not permitted. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than Your use; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (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 without express written consent of the Platform and / or its affiliates, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by the Platform.

You are permitted to use content delivered to You through the Service only for limited purpose of the said Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

7. MONITORING OF THE PLATFORM AND YOUR ACCOUNT

The Platform has the right and liberty to monitor the content of the Platform at all times which shall include information provided in Your account. The monitoring of the Platform/Platform is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, The Platform shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

8. SERVICE SUSPENSION

The Platform may wish to stop providing the Services and may terminate use of it at any time without giving notice of termination to You. Unless Platform informs the User otherwise, upon any termination, (a) the rights and licenses granted to You in these terms will end; and (b) User must stop using the Platform forthwith. Platform reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.

9.PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  •   to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  •  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  •  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  •  to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

10.INTELLECTUAL PROPERTY PROPRIETARY RIGHTS; COPYRIGHTS; TRADEMARKS

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, “Content”), other than User content, are the property of Platform and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to copyright laws. No Content (other than your own User content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.

“IndiaLoans 4 U” and all related logos (collectively, “the Trademarks”) constitute our trademarks or service marks. Other Platform, product, and service names and logos used and displayed on this Platform may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. The use of any of the Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You may not copy, imitate, or use them without our prior written consent. Any questions concerning any Trademarks, or whether any mark or logo is a Trademark, should be referred to us.

All right, title and interest in and to the Platform, any content thereon, our Services, the technology related to our Services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.

11.LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Notwithstanding anything to the contrary contained herein, neither Platform nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Platform, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Platform.

The information provided on the Platform is based on the information that is provided to the NBFC. In case the User does not disclose any information to the NBFC or the Platform , which results in the failure of the loan, the Platform shall not be responsible for any claims or liabilities.

The Platform makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, the Platform assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents/content comprising this Terms & Conditions. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.

YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLATFORM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PLATFORM MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLATFORM OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12.INDEMNITY

You agree to indemnify, save, and hold Platform, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Website or App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. The Platform reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Platform, including rights to settle, and You agree to cooperate with the Platform defense and settlement of these claims. The Platform will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.

13.ADVERTISERS/THIRD PARTY LINKS ON THE PLATFORM

The Platform accepts no responsibility for advertisements contained within the Platform. The Platform has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. The Platform does not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform provides a link..

14.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at the Platform’s request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

You are licensing to the Platform and its service providers, any information, data, passwords, materials or other content (collectively, “Content”) You provide through the Platform or otherwise. Platform and service provider of Platform may use, modify, display, distribute and create new material using such Content to provide the Service to You. Platform and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non- personally identifiable information that is derived through Your use of the Service. By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Platform and its third party service provider may use the Content for the purposes set out above. As between Platform and third-party service provider, Platform owns Your confidential account information.

15.TAX

Unless stated otherwise, any and all fees payable by you pursuant to this Terms and Conditions are exclusive of applicable national, state or local sales or use taxes or value added tax or service tax or goods and services tax ("Taxes") that Platform is legally obligated to charge under the applicable legislation.

If we are required to deduct any income tax or other withholdings on any payments to be made to you, we will have the right to deduct the required amounts and pay such amounts to the applicable regulatory authority on your behalf. You will not make any claim against us in respect of any deduction made. You will provide us with any forms, documents, or certifications, including PAN as may be required by us to satisfy any information reporting or withholding tax obligations and you confirm that you would duly pay any applicable taxes on your income.

16.ACKNOWLEDGEMENTS

You acknowledge that the Platform brings Users to avail products from the NBFC. You acknowledge that the Platform will not be responsible for any claim or damage in case of use of the financial products. The Platform in no manner warrants or guarantees the performance of a third-party service provider that is providing services through the Platform. You acknowledge that the Platform in no manner guarantees that the information provided by the Users on the Platform are true and correct including the address, phone numbers etc. You acknowledge that it is Your responsibility to verify the information about the person on the Platform and the Platform is in no manner liable if the information provided on the Platform is untrue or incorrect. You acknowledge that the Platform is in no manner responsible for any claim of money or damages in the event User misrepresents his financial status or commits a fraud or cheating or any other such illegal act.

17. APPLICABLE LAWS

Your use of this Platform and any Term & Conditions stated in this agreement is subject to laws of India. In case of any disputes arising out of the use of the Platform should be referred to and finally resolved by arbitration pursuant to the Arbitration and Conciliation Act, 1996 and rules made pursuant thereto The tribunal shall be composed of one arbitrator appointed in accordance with the Rules. The seat of the arbitration shall be Indore, M.P. the arbitration institution shall be the Indore Centre For International Arbitration (MCIA), India and the language of the arbitration shall be English.

18.SERVICE FEE DESCRIPTION

Our nature is intermediary service. When users become members, we will provide users with loan product recommendation services.Our member services are paid services, users need to pay membership fees to become members.Once you confirm the payment, you agree to our services by default, we will provide three months' service for each payment,and the fees will not be returned. If the payment is repeated, the service time will be extended on the existing basis.

 19.REFUND POLICY AND PROCESS

Policy:

You can apply for refund after the membership period,at the same time you must meet the conditions as below:a)You have applied for loans in at least ten applications in VIP section;b)None of your applications has passed within your membership period;

Process :

a)You must contact us via email within three days after the membership period and provide relevant information such as screenshots of all loan failures;

b)Customer service will verify the materials within five working days. If the information is incomplete or incorrect, we will reject the refund application and you need to provide complete and correct information by email within three days after receiving the rejection email. If you have none of successful loan after verification, we will refund within ten working days and the accounting date depends on the bank;

c)If you haven't applied for refund through email within three days after the membership period or provided complete and correct information within three days after receiving the rejection email, it shall be deemed that you have given up the refund voluntarily or loaned successfully, We will not accept the refund application.

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