Effective date: 28-Nov-2024
These terms and conditions contain the terms on which You(User) access and register on Finsire’s Web & Mobile technology platform (Platform), owned and managed by Finsire Technologies Private Limited (Finsire) to avail various loan facilities offered by our different partner Banks/NBFCs through the Platform (“Credit Facilitation Services / CFS").
Please read these terms of use carefully. By accessing the Platform or using this service, you signify that you have read, understood and agree to be bound by these T&Cs, Privacy Policy and any other applicable law, whether or not you are a registered member of the Platform. If you do not agree with these terms, please do not access the Platform or use this service.
For the purposes of these T&Cs, “we”, “our” and “us” shall mean Finsire, and/or third-party service providers engaged by Finsire to render certain Services on the Platform and ‘you’ and ‘your’ shall mean a User who meets the eligibility criteria set out below.
1. TERMS AND CONDITIONS
We reserve the right to update or modify these T&Cs at any time. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these T&Cs, as updated or modified. For this reason, we encourage you to review these T&Cs each time you access and use the Platform and/or avail our Services.
2. PURPOSE
Finsire’s Web & Mobile technology platform (Platform) offers various loan facilities through its various Banks/NBFC partners. User can avail loans by completing the entire application process on the Platform itself. Further, the User can withdraw from the approved credit facility and repay the EMIs of the loan using the Platform itself.
3. SERVICES
- "Partner" : For the purposes of these Terms and Conditions, "Partner" shall mean any third-party financial institution, including but not limited to banks, non-banking financial companies (NBFCs), or other regulated financial entities, that collaborates with Finsire to offer credit facilities or other financial services to Users through the Platform. Partners are independent entities responsible for their respective roles, including credit evaluation, loan approvals, and disbursements, and are not agents or representatives of Finsire. The relationship between Finsire and its Partners is contractual, and Finsire does not guarantee or endorse the services provided by such Partners beyond facilitating their availability on the Platform."
- Finsire's Role as a Facilitator: Finsire acts solely as a technology service provider and facilitator for Users seeking credit facilities through its Platform. Finsire enables access to loan products offered by its Partner Banks and NBFCs but does not participate in or influence the credit evaluation, approval, or disbursement process. These decisions are made solely at the discretion of the Partner, based on their internal policies and applicable regulations. Finsire does not guarantee or warrant the approval of any credit facility, the terms offered, or the timelines associated with the processing of such facilities. By using the Platform, Users acknowledge that Finsire’s role is limited to facilitating the availability of financial products and providing the necessary technological interface to enable transactions.
- Finsire is not responsible for the terms, conditions, policies, or practices of its Partners. Users are encouraged to review the terms and conditions of the specific Partner before proceeding with any loan application.
- Credit Facilitation Agreement: The term “Credit Facilitation Agreement” refers to the agreement entered into between the User and the Partner Bank or NBFC through the Finsire Platform, which outlines the terms, conditions, rights, and obligations governing the provision of credit facilities to the User. This agreement is executed directly between the User and the Partner and is subject to the Partner's internal policies, applicable laws, and regulations. Finsire acts solely as a facilitator in providing the technological interface to enable the execution of this agreement but is not a party to the Credit Facilitation Agreement. Users are advised to carefully review the terms of the Credit Facilitation Agreement provided by the Partner before accepting or proceeding with any loan facility.
- Finsire shall endeavor to find a Partner best suited for your requirements. You understand that you have agreed to avail credit/loan facility with the Partner (“Credit Facilitation Agreement"). While Finsire shall make reasonable efforts to ensure that you find a suitable Partner, Finsire does not guarantee that such Partners shall meet your requirements or expectations.
- Partner will determine and approve the credit limit sanctioned to you, details of which shall be available on your Account. Subject to this credit limit, the Partner may, at its sole discretion, allow disbursements, by confirming the disbursal amount and other terms and conditions of the disbursal (as determined by the Partner) as set out on the Platform and in the Credit Facility Agreement.
- Application Process via Third-Party Platforms: By accessing or applying for a loan via the Finsire website or app, you acknowledge that these Terms of Use apply to your interactions with Finsire’s platform. If you are redirected to Finsire's Platform from a third-party platform (such as one of Finsire’s partners), you agree that Finsire’s Terms of Use, as outlined here, will govern your loan application process. These terms apply regardless of whether you accessed the loan journey through Finsire’s website directly or through a third-party platform. By proceeding, you are bound by these terms and must review them before submitting your application.
- Finsire shall provide the following facilities to you (“Services”):
- to facilitate the credit facility from the Partner and enable the execution of Credit Facility Agreement with such Partner in this regard;
- to facilitate collection of equated monthly installment (as determined by the Partner), (either directly or its affiliates or through third party service providers) from you in order to forward it to the Partner in relation to the credit facility you have obtained; and
- to create and maintain your Account in connection with the Services, on the Platform.
- Finsire is the technology and operating partner to its Partner(s). As a service provider, Finsire shall undertake communication, transaction and processing on behalf of its Partners. At no point, Finsire is representing itself as a lending company. All terms pertaining to your credit facility with the Partner are set out in the Credit Facility Agreement.
- Finsire reserves the right, without any prior notice to: (i) add new services; (ii) modify existing Services; and/or (iii) remove portions of the Services, as and when it deems fit and at its sole discretion.
4. ELIGIBILITY
- You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&Cs. You shall not access and use the Platform or avail our Services if you are not competent to contract under the applicable laws, rules and regulations.
- For accessing the Platform and availing its Services, you, as a User, further represent that you are an Indian national having tax residency in India. You also represent and assure that you are not a tax resident of any other country.
- We maintain the right to render Services to only those users who are – a) competent to enter into legally binding contracts, b) have made the representations as provided above, c) and also qualify under the internal policy(ies) for the same determined solely by us from time to time. We shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(ies), in relation to the provision of the Services at any time without any prior written notice of intimation to the Users. Further, we shall have the right to not entertain any requests in relation to the same, from the Users towards such Services without assigning any reason.
- We shall have the right to not process a transaction through the Platform, if Finsire in its sole discretion determines that such a transaction undertaken by a User is not authorized by such User or that the transaction is not genuine or suspicious.
- If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Platform and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as Finsire may require in connection therewith.
5. REPRESENTATIONS, WARRANTIES AND UNDERTAKING
- The information and data contained in the Platform do not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services in any jurisdiction other than India.
- All information provided by you to Finsire is accurate, correct and true.
- You acknowledge and agree that Finsire is entitled to remove any/all the information on the Platform that is in contravention of these T&Cs.
- You hereby authorize Finsire, to make any enquiries with any other finance company/bank/registered credit bureau/mutual fund RTA/Broker/Depository regarding your credit history & investment details with them, in connection with the Services under these T&Cs.
- You agree to not engage in any activities pertaining to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with Finsire and/or the Partner.
- You agree not to (i) create multiple Accounts or fake Accounts; (ii) create Accounts fraudulently; and/or (iii) use the Platform for any unlawful or immoral purpose.
- You understand that Finsire does not provide any warranties for its Services and shall not be made liable for any claims made by you or any third party. In this regard, you undertake to accept and be solely liable for the Services availed by you from Finsire. You further undertake to indemnify and hold harmless Finsire, its affiliates and their respective directors, officers, employees, agents and representatives against all damages suffered or losses incurred by Finsire arising due to any act, omission or claim initiated by you or any third party in relation to the Services availed by you or in case of breach of these T&Cs or any warranty by you.
6. COLLECTION
- You agree to:
- allow Finsire (or its third party service providers), on behalf of the Partner, to send you payment reminders from time-to- time;
- allow Finsire (or its third party service providers), on behalf of the Partner, to engage in collection efforts to recover amounts that you failed to pay to the Partners, pursuant to these (i) T&Cs; and/or (ii) terms and conditions of the Partner. These collection efforts may involve, inter alia, contacting either you directly or any other contact details provided by you at the time of creation of Account, submitting your information to a collection agency, or taking legal action.
7. COLLECTION OF INFORMATION
- In the course of availing Services, you authorize Finsire, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with these T&Cs and with our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. You may also be required to provide documents to help us validate your identity. In the event Finsire is unable to obtain or verify your information, Finsire reserves the right to close, suspend, or limit access to your Account and/or the Services rendered. By availing the Services, you also consent to enable Finsire to validate your identity and to collect information about you in accordance with these T&Cs and our Privacy Policy.
- You also provide your consent to Finsire to use and share the information provided by you in connection with the Services. You also agree and consent to Finsire to assess the information, based on your usage of the App. You will be required to provide such documents as required by us.
- You agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity or your account information in the course of availing Services. You further agree to keep your Account information up to date and accurate.
- The responsibility of providing correct information, details, including but not limited to the contact information, amount, the bank account details etc. lies solely with you. Finsire shall not be responsible to verify the accuracy of the information/ details provided by you. In the event of any changes in the details or information provided by you initially, you must inform Finsire of such changes within a reasonable period of time. If any incorrect bank account number is provided by you, any amount may be deposited /credited to the wrong bank account and there is no guarantee of recovery of the same. Finsire will not be responsible for any loss or damage that may be sustained by you on account of such error on your part.
- By accessing and using the Platform, you consent to Finsire collecting, using, and sharing your personal data in accordance with our Privacy Policy. You have the right to withdraw consent for the use of your personal data at any time, subject to applicable laws, and should contact us at support@finsire.com for any such requests.
- We will only share your personal data with third-party service providers or partners when necessary for the provision of services or as required by law. You agree to allow Finsire to share your data with our Partners for the purpose of credit evaluation and loan facilitation, as described in the Privacy Policy.
8. INTELLECTUAL PROPERTY POLICY
- All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names (“Platform Content“), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Platform and the Platform Content.
- You may access the Platform, avail of the features and facilities and utilize the Platform Content in connection with the subject matter thereof. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Platform Content, you could contact us in the manner provided for herein.
- Finsire and its licensors, if any, are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.
9. USER ACCOUNT, PASSCODE & SECURITY
- You will have an option to authorize important actions via one-time-password (OTP) or security passcode on the Platform. You are responsible for maintaining the confidentiality of the one-time-password (OTP) or security passcode and your account (“Account”) and you are also fully responsible for all activities that occur using your Account. You agree to: (a) immediately notify us of any unauthorized use of your OTP, passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
- You hereby acknowledge that the only way to de-register your account or delete your records with us is by sending a formal request. To that effect, Finsire shall be subject to requirements under applicable law to remove and/delete all such information.
10. USE OF PLATFORM – FEATURES AND FACILITIES
- Through the Platform, Finsire assists Users to gain access to certain credit facilities from its Banks / NBFC Partners.
- Your usage of the Platform will require you to provide to us certain personal and financial information, which shall be collected and maintained as per the terms laid down in our privacy policy available at Privacy Policy
- We shall not mediate or attempt to get involved in and resolve any disputes or disagreements between you and third party/ies.
- We will use your name as per the PAN records in NSDL as the name in the application.
- Finsire may update the Platform from time to time in order to, inter alia, increase its efficiency, optimize user interface and add new features and/or facilities.
- We allow our affiliates or third parties to collect certain information when you visit our Platform through the use of cookies or third-party web beacons.
- You are required to seek Finsire’s permission in case you are writing something associated with the Finsire on social media or otherwise. In the event you post any content on your own site or any other third party sites about us without our prior written permission, we may take strict actions against you.
- You may choose to, or we may invite you to submit comments or ideas about the Services rendered under these T&Cs, including without limitation about how to improve the Services. By submitting any such ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Finsire or any of its affiliates or subsidiaries, under any fiduciary or other obligation, and that Finsire will be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Finsire does not waive any rights to use similar or related ideas previously known to, or developed by employees, or obtained from sources other than you.
- In the event you have any complaint against the contents (or any portion thereof), including that the contents therein are incorrect or breach the rights of a third party, Finsire shall take all commercially reasonable measures to address the same. However, Finsire’s sole obligation in this regard shall be to remove such content from the Platform; and the user shall have no further cause of action against Finsire.
11. SERVICE PROVIDERS
- We may employ third-party service providers and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
- You acknowledge that the third-party service provider/agent/agencies will have access to your personal information on a need basis to assist us in rendering Service, and the service providers are restricted from using the same for any other reason. The third-party service providers are obligated not to disclose or use the information for any other purpose.
12. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN INDIA
- These T&Cs are intended for Users within the territory of India and govern your rights as per applicable law within the territory of India. However, in the event you fall under a jurisdiction outside the purview of Indian law, we will not be liable for any claim, action and/or right initiated/exercised by you as per the extant laws of that jurisdiction. Therefore, we request you to kindly use the Platform accordingly.
13. CUSTOMER COMMUNICATIONS
- Accepting these T&Cs implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via web or mobile app. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
- You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address(es).
- You agree and confirm that applicable laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) of the Telecom Regulatory Authority of India will not be applicable for such communication/calls/SMS/push notifications/messages through WhatsApp messenger application received from Finsire, its employees, agents and/or associates.
- If you would not like to receive any promotional messages or communications, please contact us at support@finsire.com in to let us know your preferences.
14. USER GUIDELINES
- In consideration of Finsire granting you the rights hereunder, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&Cs and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.
- The Platform is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform.
- You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
- You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Platform. Also, you shall not reverse engineer or reverse compile our technology that is available on the Platform.
- You shall request Finsire, to block the Account and change the passcode/password immediately for the Account, if your Device has been lost or stolen.
- You are responsible for any and all activities that occur in your Account. You agree to notify Finsire immediately of any unauthorized use of the Account or any other breach of security. Finsire shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform Finsire, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
- You shall be liable for losses incurred by Finsire or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and Finsire.
- Finsire shall make all reasonable efforts to ensure that your information is kept confidential. However, Finsire shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
- You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and Finsire shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
- You understand and acknowledge that upon using the Platform, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with Services and facilities available on the Platform, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent, and not the agent or on behalf of the third party. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
- You hereby acknowledge and agree that Finsire shall not be liable for any delay or failure of any transaction undertaken by you using our Services.
- You hereby agree and express your voluntary, unequivocal and informed consent to your personal data, investment details or financial information (including such data as may be designated as ‘personally identifiable data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or other applicable law), being processed, disclosed and/or transferred by Finsire to third-party entities.
15. INDEMNIFICATION
- You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Platform in violation of these T&Cs and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
- The terms of this provision will survive any termination or cancellation of these T&Cs or your use of the Platform.
16. SUPPORT
- Basic support for the Services shall be provided by Finsire. Finsire shall also use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Finsire shall give at least 4 hours’ notice); or (ii) any unavailability due to circumstances beyond Finsire’s reasonable control.
17. WARRANTIES:
- The Platform and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim 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.
- We shall make reasonable efforts to make available the Platform and the functions and features at all times. However, we make no warranty that the Platform shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
- We shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of Finsire, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
- You are advised to keep your username, password, one-time-password(OTP) and passcode safe. We shall not be liable in the event your Account is hacked due to errors or omissions at your end.
- Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your Device 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 us through or from the Service will create any warranty not expressly stated in these T&Cs.
- We shall not be liable for any losses and/or damages which may arise as a result of a third party entity’s usage of the User’s personal data or financial information (including such data as may be designated as ‘personally identifiable data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011).
- Finsire shall not be liable for any failure or delay in performing its obligations under this facility if such failure or delay (i) is directly caused by the Partner(s) acts or omission; (ii) results from actions undertaken by Finsire in a reasonable good faith to comply with applicable law or to prevent fraud; or (iii) is caused by events beyond Finsire’S control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of force majeure event.
18. LINK TO OTHER WEBSITES
- The links to any third party websites on the Platform are provided solely as pointers in connection with the Services, and Finsire has no control over the content on such third party websites. Finsire makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Finsire warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a third party website, you will do so at your own risk. You also acknowledge that links to third party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or Services offered at such sites, or any representation regarding the content at such third party websites.
19. CLOSURE OF ACCOUNTS
- In the event you do not log in to the Platform or use the Services for two (2) or more years, Finsire may close your Account. However, Finsire will retain your information in accordance with these T&Cs and our Privacy Policy.
20. LIMITATION OF LIABILITY
- Finsire shall not be liable for any claims arising out of the credit evaluation process, loan approval, loan terms, disbursement, or any other action or inaction of the Partner. Finsire’s role is solely that of a facilitator and technology service provider, and it does not warrant the terms, conditions, or outcomes of the credit facility provided by any Partner.
- In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss due to use, data or profits, arising out of or in any way connected with the access, use or performance of this Platform’s functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the Platform, any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the Platform, or inability to use the Platform, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. this clause shall survive in perpetuity.
21. SEVERABILITY
- If any provision of these T&Cs is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&Cs will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
22. TERMINATION
- These T&Cs and the right to use granted hereunder shall take effect on the date you create an Account with the Platform, and shall continue in effect until termination of these T&Cs in accordance with this section.
- We may suspend/terminate the use of the Platform at any time, with or without cause, after giving notice of the suspension/termination to you.
- Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Platform.
23. WAIVER
- Any failure on the part of Finsire to require performance of any provision of these T&Cs shall not affect its right to full performance thereof at any time thereafter, and any waiver by Finsire of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
24. ASSIGNMENT
- You shall not assign or transfer any rights, obligations, or privileges that you have under these T&Cs, without the prior written consent of Finsire. Finsire reserves the right to assign its rights, obligations or privileges to third parties and you hereby agree to such assignment. Any assignment or transfer in violation of this clause will be deemed null and void.
25. INDEPENDENCE FROM PLATFORMS
- The Platform is independent of any other platform on which it is located. The Platform is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or (each being an “Operator”).
- Your access to or use of the Platform is also bound by the terms and conditions of the Operator.
- You and Finsire acknowledge that these T&Cs are concluded only between you and Finsire, and not with an Operator, and Finsire, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these T&Cs.
- Finsire is solely responsible for providing any maintenance and support Services with respect to the Platform as required under applicable law. You and Finsire acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support Services with respect to the Platform.
- You and Finsire acknowledge that Finsire, not the relevant Operator, is responsible for addressing any User claims or any third party claim relating to the Platform or your access and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and Finsire agree that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, Finsire and not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by Finsire.
- You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your Device agreement or any wireless data service agreement).
- You and Finsire agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, that Operator will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
26. UPDATES
- Finsire reserves the right to update the Platform, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
- You hereby agree to install the updates from time to time and acknowledge that Finsire will only be able to provide Account support for the Platform if you ensure installation of all updates upon receiving notifications thereof when using the Platform.
27. VALIDITY OF T&Cs
- These T&Cs shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account and avail Services.
28. SECURITY
- You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation:
- accessing data not intended for you or logging into an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- interfering with Service to any User, host, or network.
- You shall not misuse this Platform by intentionally introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together “Viruses“). You will not attempt to gain unauthorized access to the Platform, or any server, computer or database connected to the Platform. You will not attack this Platform via a denial-of-service attack. Further, you shall not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform, such as probing or scanning the vulnerability of any system, network or breach.
- Should you breach the provisions of this Clause, you will be liable to be prosecuted under the Information Technology Act, 2000 and other applicable statutes. We will immediately report such breach to the relevant law enforcement authorities and will co-operate with such authorities by disclosing your identity to them. In the event of such a breach, your rights to use this Platform will cease immediately.
- We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Platform or to your downloading of any material posted on it.
- You agree to immediately report to us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
- You shall not interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Platform by other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the Platform, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform.
- All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. We reserve the right to suspend/terminate your Account at any time if it is found that you have been sharing the password with any unauthorized user.
29. MONITORING
- All electronic communications and content presented and/or passed to us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of ours in the exercise of their duties, or by law enforcement authorities who may be assisting us in investigating possible contravention/non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, we have the right to reject, at our sole discretion, from the Platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Finsire.
30. GOVERNING LAW AND JURISDICTION
- These T&Cs (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the Platform, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chennai, Tamil Nadu, India, in the event of any disputes arising out of or in relation to your access to and use of the Platform.
31. GRIEVANCE REDRESSAL MECHANISM
- We are committed to resolving grievances promptly and effectively. You can mail the Digital Lending Grievance Redressal Officer (GRO) of the Company at below details to register your grievance:
- In case additional support from Bajaj Finance Limited’s intervention is required, an additional 15 days will be allotted for resolution, making the total resolution time up to 30 days.
- For Bajaj Finance Limited:
- Grievance Redressal Officer Contact Details:
- Name of the Grievance Redressal Officer (GRO) - Manish Bhargav
- Phone Number: +91 22 41803901
- Email ID: grievanceredressalteam@bajajfinserv.in
32. LIST OF THE LENDING PARTNERS
- Our list of lending partners include:
- The list of lending partners available on the Platform is subject to change and may be updated periodically at Finsire’s sole discretion. While Finsire endeavors to maintain up-to-date information regarding its lending partners, such changes may occur without prior notice to Users. Users are advised to review the current list of lending partners available on the Platform at the time of availing services.
- Sachet Portal
33. COMMERCIAL CONSIDERATIONS
- The platform and its lending partners shall charge the user fees as disclosed in the Key Fact Statement (KFS) available on the platform. The said charges as covered in the Key Fact Statement are:
- Processing fee
- Pre-payment charges
- Bounce charges
- Penal charges
34. REFUNDS & CANCELLATION
- The platform and its lending partners shall not refund any payment made by the customer, unless an excess is recorded against the customer account during the loan closure process.
- The platform and its lending partners shall refund any excess funds back only to the verified bank account of the customer.
- The platform and its lending partners shall strive to process any refunds within the stipulated timelines.
- The platform and its lending partners might not refund any fees or charges to the customer if the customer chooses to close the account after its opening within the cooling period.
35. Customer Support For Bajaj Finance Limited
- Toll-Free Number: 1800 2100 270
- Email ID: wecare@bajajfinserv.in
- Phone Number: +91 22 41803901
36. Finsire’s Policy for Customer Support Query Resolution
We are committed to providing efficient and timely resolution of all customer queries, aiming to address and resolve issues within 48-72 hours. All queries/complaints to be raised at support@finsire.com
- Level 1 (L1): Basic Support
- Response Time: 12-48 hours.
- Level 2 (L2): Technical & Advanced Support
- Response Time: 48-72 hours.
