TERMS AND CONDITIONS

TERMS AND CONDITIONS

INTRODUCTION:

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of this website.

The domain name flexiLoans.com (“Website”) is owned by Epimoney Private Limited, a RBI registered Non-banking Financial Company (NBFC) and a private company incorporated under the Companies Act, 1956 with its registered office at New No.119, 2nd Floor, Greenways Towers, St. Mary's Road, Abhiramapuram, Chennai – 600 018 and its Corporate Office at Tower-2 7th Floor, ONE WORLD CENTER, South Annexe, 841, Senapati Bapat Marg, Saidham Nagar, Parel, Mumbai, Maharashtra 400013 (hereinafter referred to as “FlexiLoans”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, partners and permitted assigns). The objective of the Website is to facilitate the lending and borrowing of capital, in accordance with the terms of the loan agreement to be executed between you and Epimoney.

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:

“Borrower” shall mean a proprietorship concern, partnership firm, limited liability partnership and an incorporated company carrying on business in India, which is willing to borrow, using the Website and is registered as a ‘borrower’ on the Website.

“Epimoney’s Lending Partner” shall mean one or more financial institutions with whom Epimoney may propose to jointly extend credit facilities to the Borrower.

“Force Majeure Event” shall mean any event that is beyond the reasonable control of FlexiLoans and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of FlexiLoans and which FlexiLoans is not able to overcome.

FlexiLoans reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use (“Terms”), at any time without any prior written notice to the Borrower. It is the Borrower’s sole responsibility to review these Terms periodically for updates or changes. The Borrower’s continued use of the Website following the posting of changes shall be deemed to mean that the Borrower accepts and agrees to the revisions. As long as the Borrower complies with these Terms, FlexiLoans grants the Borrower a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

Accessing, browsing or otherwise using the Website indicates the Borrower’s agreement to all the terms and conditions under these Terms. Borrower is advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, the Borrower also accepts and agrees to be bound by all FlexiLoans’ policies, including but not limited to its Privacy Policy as amended from time to time.

MEMBERSHIP ELIGIBILITY:

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register as a Borrower on the Website and shall not transact on or use the Website. FlexiLoans reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to FlexiLoans’ notice or if it is discovered that such person is not eligible to use the Website. In case you are using the Website and opening an account on the Website on behalf of an incorporated entity, it is presumed that you have been authorised by the entity and your use of the Website shall bind the entity with respect to these Terms. If the user violates any of these Terms and Condition from time to time and such revision/modification shall be effective upon posting by us on the website. The member should agree to be bound to any changes to this Terms & Condition when they use such services after such modification is posted. It is therefore important that the members review the Terms & Conditions regularly upon each use of the services to ensure any updates as to changes. The Website is intended for users within India only.

ACCEPTANCE OF TERMS AND CONDITIONS:

We, at FlexiLoans provide an independent online service which facilitates your access to loans and related financial services and other products or services provided by our partner financial institutions whilst using this Website. We receive a fee and/or commission from the partners when you use our service to purchase products or services from them.

By making use of this Website and furnishing your personal/contact details, you hereby agree that you are interested in availing and purchasing the services that you have selected. You hereby agree that FlexiLoans/ FlexiLoans’ partner financial institutions may contact you either electronically or through phone, to understand your interest in the selected products and services and to fulfill your demand. You also agree that FlexiLoans reserves the right to make your details available to any of our authorized members/ agents or partners/Epimoney’s Lending Partner and you may be contacted by them for information and for sales through email, telephone and/or text message. You agree to receive promotional materials and/or special offers from FlexiLoans through email or text message. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Website, we suggest that you seek independent professional advice before you obtain any product or service via this Website.

As a User of this Website you have agreed to the Terms & Conditions that FlexiLoans has provided hereunder or anywhere else in this Website, including but not limited to disclaimers on this Website. 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 do not use the Website.

You undertake and acknowledge that, I. For the purpose of assessing your credit worthiness, Epimoney is authorized to pull from CIBIL and/or any other agency authorized by RBI, data of the applicant(s), directors, group companies, and any other individuals who are involved in the said business, on behalf of which this loan application is made; II. CIBIL and any other agency so authorized may use, process the said information and data disclosed by Epimoney in the manner as deemed fit by them; III. CIBIL, and any other agency so authorized may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may be specified by the RBI in this behalf; IV. For the purpose of verification of my/our personal data, Epimoney is authorized to pull from Central KYC Records Registry, ‘Know Your Customer’ data of the applicant(s), directors, group companies, and any other individuals who are involved in the said business, on behalf of which my loan application is made. I further agree and assure Epimoney that such KYC information provided with the Central KYC Records Registry is true and accurate and in the event of any mismatch, Epimoney shall have the right to reject/cancel my loan application or sanction loan facility at any time
V. For the purpose of assessing our credit worthiness, Epimoney is authorized to fetch Goods and Service Tax returns/data, of the applicant(s), group companies, on behalf of which this loan application is made.

BORROWER’S ACCOUNT:

The Website allows very limited and restricted access to the Services for unregistered users.

In order for a Borrower to avail the Services from FlexiLoans through the Website, the Borrower is required to create an account on the Website (“Account”) and provide FlexiLoans with certain user information/documentation for verification, which shall include your name, phone number, your address, your date of birth, your e-mail address, your gender, your financial information such as bank account, bank account statement or credit card or debit card or other payment details, your permanent account number, aadhar number, details of your income tax returns (hereinafter collectively referred to as “Customer Data”). You hereby understand and provide an explicit consent to FlexiLoans and Epimoney to share the Customer Data with any co-lending partner of Epimoney for the following purposes: (1) Collection, storage, preservation, analysis, publishing and dissemination, at any time, of all the Customer Data, as the case may be; (2) Verification or authentication of Customer Data, making related enquiries on the basis of the Customer Data for the purpose of assessing eligibility for loan and/or value added services opted/ availed by me from/ through Epimoney and any co-lender; and (3) for complying with the laws applicable from time to time.

In addition to the above, FlexiLoans reserves the right to request the Borrower to provide such other information/documentation as it may deem fit.

While registering with the Website to avail the Services, the Borrower shall not:

create any Account for anyone other than the Borrower, unless such person’s prior written permission has been obtained;

use an Account that is the name of another person with the intent to impersonate that person;

use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or

create more than one Account on the Website.

BORROWER OBLIGATIONS:

The Borrower will be responsible for maintaining the confidentiality of the login credentials and the Account information and shall be fully responsible for all activities that occur under the Account. The Borrower agrees to, (i) immediately notify FlexiLoans of any unauthorised use of the Account information or any other breach of security; and (ii) ensure that the Borrower exits from the Account at the end of each session. FlexiLoans cannot and will not be liable for any loss or damage arising from the Borrower’s failure to comply with this Clause. The Borrower may be held liable for losses incurred by FlexiLoans or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of the Borrower’s failure in keeping the Account information confidential.

The Borrower shall ensure that the Account information provided by the Borrower in the Website’s registration form is complete, accurate and up-to-date. Use of another Borrower’s account information for availing the Services of the Website is expressly prohibited.

The Borrower agrees that if the Borrower provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if FlexiLoans has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, FlexiLoans shall have the right to indefinitely suspend or terminate or block access to the Account on the Website and refuse to provide the Borrower with access to the Website.

USE OF WEBSITE:

The Borrower agrees, undertakes and covenants that, during the use of the Website, the Borrower shall not host, display, upload, modify, publish, transmit, update or share any information that:

• Belongs to another person or entity and to which the Borrower does not have any right.
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
• Is misleading in any way.
• Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
• Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.
• Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the
• Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other Borrowers.
• Interferes with another Borrower’s use and enjoyment of the Website.
• Refers to any website or URL that, in
• FlexiLoan’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
• Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

MONITORING OF WEBSITE AND MEMBER’S ACCOUNT:

FlexiLoans has the right and liberty to monitor the content of the Website at all times which shall include information provided in your account. The monitoring of the Website 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 FlexiLoans 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.

LICENSE AND SITE ACCESS:

FlexiLoans grants you a limited license to access and make personal use of the Site. This license does not include any downloading (other than page caching) or modifying it, or any portion of it (except with express written consent of FlexiLoans); unauthorized hypertext links to the Site and the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose an unreasonable or disproportionately large load on FlexiLoans’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (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 FlexiLoans and / or its affiliates, as may be applicable. The member may not bypass any measures used by FlexiLoans to prevent or restrict access to the Site. Any unauthorized use by them shall terminate the permission or license granted to you by FlexiLoans. By using this Site and by accepting to agree to these Terms & Conditions they also agree that they shall not hack or otherwise hire some third party to hack the Site or use any other unauthorized means without a written consent of FlexiLoans and access any third-party information. The members shall in such an event be liable of a criminal offence and FlexiLoans shall institute appropriate legal proceedings to claim damages.

FEEDBACK:

FlexiLoans may allow members to post their review and experience of using the Website and the Services (“Reviews “) in order to improve the Website, the Services and the user experience.

User, being the originator of the Reviews, are responsible for the Reviews that they upload, post, publish, transmit or otherwise make available on the Website. Members represent that all such Reviews will be in accordance with applicable law. They acknowledge that FlexiLoans does not endorse any Reviews on the Website and is not responsible or liable for any Reviews. FlexiLoans reserves the right to disable access to the Reviews on the Website.

User hereby grant FlexiLoans a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by FlexiLoans in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by FlexiLoans.

Users further represent and warrant that while posting any Reviews on the Website they shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, they shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

CONFIDENTIALITY:

As elaborated under the Privacy Policy, FlexiLoans will keep all confidential information confidential, including the Borrower’s personal and business information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. FlexiLoans acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. FlexiLoans shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

ADVERTISERS / LINKS TO THIRD-PARTIE’S WEBSITE:

The Website may contain links and interactive functionality interacting with the websites of third parties. FlexiLoans is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, FlexiLoans strongly recommends that the Borrower reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

INDEMNIFICATION:

The Borrower shall indemnify, save and hold harmless FlexiLoans, its owner, licensors, licensee, affiliates, contractors, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the Borrower’s breach of these Terms, Privacy Policy and other policies, or the Borrower’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party. FlexiLoans reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FlexiLoans, including rights to settle, and you agree to cooperate with FlexiLoans’ defense and settlement of these claims. FlexiLoans 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.

TERMINATION:

FlexiLoans, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website at any time for any reason including termination for breach of any of these Terms.

None of the Borrower’s content shall remain accessible on the Website upon termination. This information cannot be recovered by the Borrower, once the account is terminated.

The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

DISCLAIMER OF WARRANTIES:

The website and all information, content, materials and services included on or otherwise made available to the borrower through the website (collectively, the “contents “) are provided by FlexiLoans on an “as is,” “as available” basis, without representations or warranties of any kind. Flexiloans makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information or receipt of loans. FlexiLoans shall have no responsibility for any damage to the borrower’s computer system or loss of data that results from the download of any content, materials, document or information or any other losses incurred by the borrower for failure to receive loans. The borrower expressly agrees that the use of the website is at the borrower’s sole risk. FlexiLoans will not be liable for any damages of any kind arising from the use of the website or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, FlexiLoans disclaims any and all representations and warranties with respect to the website and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use. No advice or information, whether oral or written, obtained by you from FlexiLoans through or from the service will create any warranty not expressly stated in these Terms & Conditions.

LIMITATION OF LIABILITY:

In no event shall FlexiLoans, its directors, employees or agents, be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the borrower’s access to and use of the website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not FlexiLoans is advised of the possibility of such damages. Subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of FlexiLoans vis-à-vis any borrower, regardless of the form of claim, shall be limited to the aggregate of fees, if any, paid by the borrower to FlexiLoans. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein. 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.

SEVERABILITY:

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS:

FlexiLoans solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Website and content on the Website and is protected under Indian law.

You hereby acknowledge that the Website constitutes original work and has been developed, compiled, prepared, revised, selected, and arranged by FlexiLoans through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of FlexiLoans during and after the term of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.

Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.

FORCE MAJEURE:

FlexiLoans shall not be liable to you for its failure to perform or for delay in providing you access to your Account or to the Website, to the extent such failure or delay results from causes beyond its control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, epidemics or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of your computer system.

GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra and the arbitration proceedings shall be conducted in English language. If any provision of these terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect

ASSIGNMENT:

It is expressly agreed by the parties that FlexiLoans may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.

GRIEVANCE REDRESSAL MECHANISM:

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Mr. Manish Lunia

Address: 7th Floor, South Annexe, Tower 2, One World Centre 841, Senapati Bapat Marg, Saidham Nagar, Lower Parel, Mumbai – 400013.
Phone: 022-62603800
E-mail: nodal.grievance@epimoney.com

HOW TO CONTACT US:

If you have questions or concerns about this Policy, please contact us at compliance@epimoney.com or call us on 022-62603800.