Terms of use | Rupeek terms and conditions for use

Terms

Last Updated February 1st, 2021

Thanks for using our products and services (“Services”). The Services are provided by Rupeek Fintech Private Limited. (“Rupeek”).

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services include multiple financial products, so sometimes additional terms and requirements specific to these products or services (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

The Rupeek site, apps, products and services (collectively, the "Service") are operated by Rupeek, a private limited company registered under Companies, Act India ("the Company," "we," or "us"). By accessing or using our web site at rupeek.com, including any subdomain thereof (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you are a registered member of the service. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, "Users" means anyone who accesses and/or uses our service(s). For any terms herein applicable to all Users, all financial institutions, or business and other entity Users specifically, or where the context otherwise requires, "Users" shall be deemed to include any business or other entity on behalf of which the Site or Service is accessed by any other User, and "you" shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Service.

Changes to these Terms of Use

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Use.

TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE AND REPRESENTATIONS

RBI Disclaimer:

Reserve Bank of India does not accept any responsibility or guarantee about the present position as to the financial soundness of the company or for the correctness of any of the statements or representations made or opinions expressed by the company and for discharge of liability by the company.

Neither is there any provision in law to keep, nor does the company keep any part of the deposits with the Reserve Bank and by issuing the Certificate of Registration to the Company, the Reserve Bank neither accepts any responsibility nor guarantee for the payment of the deposits amount to any depositor.

Eligibility: General

This Site is intended solely for Users who, are eighteen (18) years of age or older, and any registration by, use of or access to the Site by any person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, the Company may terminate your account, delete your profile and data and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Rupeek Fintech Pvt Ltd is a technology service provider and we facilitate application/processing/disbursal and closure of loans. The terms and conditions of the lender applies independently and supercedes any information present here.

Proprietary Rights in Site Content; Limited License

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your use in connection with your use of the Site or Service, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Restrictions on Data Collection/Termination

Without our prior consent, you may not:

use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information; or
use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
We may terminate, disable or throttle your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.

User Representations

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
except where authorized by the Company, register for more than one User account, register for a User account on behalf of an individual other than yourself, operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name, or register for a User account on behalf of any group or entity (other than approved investment accounts opened on behalf of legal entities or accounts opened for purposes of participating in our Business and Small Enterprises loans);
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from any person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any User;
upload, post, transmit, share or otherwise make available 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;
intimidate or harass another User;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from that person and the Company, or create a false identity on the Service or the Site; or
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content"). It is against the Terms of Use to contact members directly or to attempt to enter into any lending transactions with members outside of the Service. You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Because Rupeek also operates on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, we need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service, including any loans you may request or receive, your use of this Service, and the servicing of your loan, if funded. The decision to do business with us is yours. This document informs you of your rights concerning Disclosures.

Electronic Communications.

Any Disclosures will be provided to you electronically either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, they can be provided at nominal additional cost. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent.

Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Rupeek or its partners. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Consenting to Do Business Electronically

Before you decide to do business electronically with Rupeek and its financial partner institutions, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements

In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 40.0 or higher, Firefox version 35.0 or higher, Internet Explorer version 9.0 or higher, or Safari version 8.0 or higher); and hardware capable of running this software. You are also required to have a smartphone capable of running the Rupeek app.

TRI Consent

I expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Additional Mobile Technology Requirements

If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

Withdrawing Consent

You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post loan requests on our Site. If you have a pending loan request on our Site we will terminate it and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during registration (except with regard to participants in our Enterprise and Small Business loan program, as discussed under "Terms Applicable to Business and Other Entity Users" below).

How to Contact Us regarding Electronic Disclosures

You can contact us via email at support@rupeek.com.

If you are an individual User, you will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must update your profile on the service. You also agree to update your registered residence address and telephone number on the Site if they change. If you are a business or entity User or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address, as discussed under "Terms Applicable to Business and Other Entity Users" below.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

TERMS APPLICABLE TO INDIVIDUAL USERS

Registration Data; Account Security

In consideration of your use of the Site, you agree to

provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or otherwise requested by the Company ("Registration Data");
maintain the security of your password, identification and access to your account;
maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete;
promptly notify the Company regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Service or the terms on which you use the Site or Service; and
be fully responsible for all use of your account and for any actions that take place using your account.

TERMS APPLICABLE TO BUSINESS AND OTHER ENTITY USERS

Eligibility: Business and Other Entity Users

Access to the Site for Users that are businesses, other entities or persons acting on behalf of such businesses or entities, including for all Users participating in our Small Business lending program, is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Site or Service. By using the Service or the Site on behalf of a business or other entity, including as a sole proprietor participating in our Small enterprises loan program, you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, that you have the power and authority to enter into binding agreements on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of these Terms of Use individually and on behalf of such business or other entity, and represent and warrant that you and such business or other entity will abide by all of the terms and conditions of these Terms of Use. If you, the business or entity, any other person acting on behalf of the business or entity or any guarantor (if applicable) violate any of these Terms of Use, or otherwise violate an agreement between the business or entity (or, if applicable, any guarantor) and the Company, the Company may terminate the business or entity's membership, delete any associated profile and any content or information posted on the Site in connection with the business or entity's membership and/or prohibit you, such business or entity and any other person acting on the business or entity's behalf from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice.

Additional Representations: Business and Other Entity Users

In addition to the User Representations set forth above under "User Representations," which you hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use the Service or the Site to:

register for multiple User accounts on behalf of the same business or entity;
operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity;
operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business or entity and the Company or WBK;
operate a User account on behalf of any business or entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity;
communicate with any other User regarding the business or entity, or its business operations, other than anonymously and publicly via the Site, or upload, post, transmit, share or otherwise make available any information or informational material identifying the business or entity or its business operations (other than Registration Data provided to the Company or other information requested by the Company or otherwise necessary for your use of the Site or Service); and
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information regarding the business or entity, including, without limitation, addresses, phone numbers, email addresses, tax identification numbers and credit, or any personal information regarding persons associated with the business or entity (other than Registration Data provided to the Company).

Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:

all email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes; and
you will not represent or portray the business or entity as being affiliated with the Company in any capacity other than being a User of the Site or Service without the Company's prior written consent.

Additional Representations: Small Business Borrowers

In addition to the User Representations set forth above under "User Representations" and "Additional Representations: Business and Other Entity Users," which you hereby confirm on behalf of the small business borrower, you further agree and confirm, both individually and on behalf of the business and/or entity, that:

use of the Site and Service is contingent on acceptance of and compliance with these Terms of Use by all persons acting on the business or entity's behalf or in furtherance of the business or entity's loan request, including persons acting as a prospective guarantor of any requested loan;
all information relating to any prospective guarantor of any requested loan that is requested by any registration forms on the Site will be provided via the Site directly by such prospective guarantor;
neither you nor the business or entity will communicate with any other User regarding any loan request made by the business or entity other than anonymously and publicly via the Site;
neither you nor the business or entity will use the Service or the Site to attempt to generate business or investment interest in the business or entity from any other person, including other Users, other than for purposes of obtaining a loan via the Service or through the use of the proceeds of any loan the business or entity may receive; and
you will not represent or portray the business or entity as anything other than a borrower in connection with its loan request without the Company's prior written consent.

Registration Data; Account Security

In consideration of your use of the Site and the Service on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to

provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms on the Site or otherwise requested by the Company ("Registration Data"), including the business or entity's full legal name;
provide such materials as the Company may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use the Site or Service, or to establish and/or verify your eligibility to act as guarantor with regard to any loan requested by the business or entity;
maintain the security of any password and identification issued for use by or on behalf of the business or entity;
maintain and promptly update the Registration Data, and any other information provided to the Company by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete;
promptly notify the Company regarding any material changes to information or circumstances impacting the business or entity's legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Site or any Service; and
be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.

Scope of License to Use

For Users that are businesses or other entities, or persons acting on behalf of businesses or other entities, the limited license to access and use the Site granted above shall be deemed granted to the business or entity member and to those authorized representatives of the business or entity for whom Registration Data has been provided to the Company while acting on behalf of the business or entity member in their official capacities. Any access to or use of the Site by persons who are not authorized representatives of the business or entity, including but not limited to any representative for whom Registration Data has not been provided, voids this license and shall constitute a violation of these Terms of Use. Furthermore, this license is revocable by us at any time with regard to the business or entity member and/or any person acting on such business or entity's behalf without notice and with or without cause.

Withdrawn Consent to Electronic Disclosures: Small Business Borrowers and Guarantors

If you withdraw your consent to receive Disclosures electronically as discussed above, and have a pending loan request on our Site, we will terminate it and remove it from our system. If you withdraw your consent to receive Disclosures electronically and have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your primary business address as provided during registration or updated by you. You agree to keep us informed of any changes to your primary business address so that you can continue to receive all Disclosures in a timely fashion. If your email address or primary business address change, you must notify us of the change by sending an email to support@rupeek.com. You also agree to update your primary business address and telephone number on the Site if they change. If you are acting as a potential guarantor for a Small Business loan, you also agree to notify us of any change to your home address via email or telephone using the contact information provided above.

ALL USERS: INTELLECTUAL PROPERTY MATTERS

Trademarks

Rupeek and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
E-Mail Address: support@rupeek.com

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

ALL USERS: MISCELLANEOUS TERMS

Links to Other Web Sites and Content

The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

Please review the Site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in India. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

Disclaimers

The Company does not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service to obtain a loan.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, "INVESTOR MEMBERS: SECURITIES MATTERS", IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN EXCEPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, "INVESTOR MEMBERS: SECURITIES MATTERS", TO THE EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. IN NO CASE, EXCEPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, "INVESTOR MEMBERS: SECURITIES MATTERS", WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

IN ADDITION TO THE SPECIFIC SECURITIES LAWS PROVISIONS DESCRIBED ABOVE IN THE PARAGRAPH TITLED, "INVESTOR MEMBERS: SECURITIES MATTERS", CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Karnataka IPC, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of Karnataka to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party. The previous sentence shall not apply to any extent to Users while acting as an investor member or while registering as an investor member in connection with their:

posting of User Content or
use of the Site or Service.

Online Refunds

Payment received online are non-refundable for any reason. If customer paid twice for one transaction, the one amount will be adjusted in next subsequent billing amount.

Other

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

TERMS OF USE: REFERRALS (For Active Customers)

A. Representations and Warranties: The Referrer represents and warrants that he/she:

shall not engage in any conduct or practice which violates any applicable laws and shall not breach of any applicable laws;
shall adhere to all of Rupeek’s policy(ies) on referrals, marketing, advertising, code of conduct, and any instructions or materials provided under the Referral Scheme with respect to Rupeek’s loan products;
has understood the terms and conditions of Rupeek’s loan products as developed by it and revised from time to time, and shall be in compliance with the relevant conditions set out therein, while participating in the Referral Scheme;
shall not knowingly refer any person with a criminal record/conviction;
shall not charge any fees or amount whatsoever from the Referee under the Referral Scheme; and
shall not make any representation or extend any warranty concerning the Rupeek loan products, except as specifically mandated by Rupeek under the terms of the Referral Scheme.

B. Non-Disparagement: The Referrer agrees that from and as of the date of this Referral Scheme, he/she:

shall not at any time, without limitation, publish or communicate any disparaging remarks, comments or statements concerning Rupeek;
shall not engage in any conduct or act in any manner that might damage the business or reputation, interest or credibility of Rupeek;
shall not enter into any negotiation with the Referees for a compromise or waiver of rights of Rupeek without the express written permission of Rupeek;
shall not make any false promise, falsely market the Rupeek loan products, or give any assurances of any nature resulting in a misrepresentation of Rupeek or assumption of or make or give any financial commitment on behalf of Rupeek to any Referee.

C. Indemnity

The Referrer shall indemnify, hold harmless and keep indemnified Rupeek, its affiliates, its business partners and lenders and any of its or their directors, agents, employees, and other officers, from and against all claims (including any claim by any third party/ assignee or, including a governmental authority), losses, damage, costs and expenses (including reasonable legal and other advisor fees) incurred or suffered by Rupeek, its affiliates, business partners or lenders, arising out of or in relation with:

Any breach by the Referrer of any obligation, representation, warranty and/or covenant contained in this Referral Scheme; or
any act of fraud or misrepresentation or breach of laws, committed by the Referrer.

D. Confidentiality

“Confidential Information” means any and all information or items which are proprietary to Rupeek (including information, data and materials relating to Rupeek loan products or prospective loan products and processes of Rupeek or intellectual property of Rupeek) made available (whether intentionally or otherwise) to the Referrer, by or on behalf of Rupeek and relating to the business, operations, affairs, technologies, schemes, documents, materials and instructions developed for the Referral Scheme and all information relating or incidental to referrals, potential clientele or of customers of Rupeek, whether observed or provided orally, in written, graphic or electronic form, or in (it being acknowledged and agreed that the existence and terms of this Referral Scheme will be considered to be Confidential Information).

The Referrer hereby agrees that, with respect to the Confidential Information, he/she shall:

maintain such Confidential Information in strict confidence;
not disclose such Confidential Information publicly or to any third party in an unauthorized manner;
use such Confidential Information only for purposes of its obligations under the Referral Scheme, and for no other purpose; and
disclose such Confidential Information only with prior written approval of Rupeek.

If the Referrer receives a request from a regulatory authority or by judicial process to disclose Confidential Information of Rupeek then he/she shall:

use reasonable efforts to promptly notify Rupeek, nature and requirements for such disclosure in order to afford Rupeek adequate opportunity to seek a protective order or other legal remedy to prevent the disclosure;
reasonably cooperate with Rupeek’ s efforts to secure such a protective order or legal remedy; and
if efforts seeking such order or remedy are unsuccessful, take reasonable steps to seek confidential treatment of such information or items to be disclosed.

TERMS OF USE: REFERRALS (For Non-Active Customers)

With effect from [Feb] 2021

This is a legal agreement between the persons availing the Refer and Earn Scheme (“Referral Scheme”) through the mobile application developed by Rupeek Fintech Private Limited, a company incorporated under the provisions of the Companies Act, 2013 (“RFPL”) (the “App”) and RFPL.

Please read these terms and conditions (“Terms and Conditions”) carefully before using/availing any of the services offered by RFPL and/or its affiliates and/or its agents and/or its partners, as applicable. These Terms and Conditions, read along with the general terms and conditions (“Terms of Use”) available on the website. set forth the legally binding terms for your use of the Referral Scheme offered by RFPL. These Terms and Conditions are in addition to the Terms of Use, applicable to all users of the App. It is clarified that in the event of a conflict between these Terms and Conditions and the Terms of Use, in relation to the Referral Scheme, the terms of these Terms and Conditions will prevail over the Terms of Use. The terms that are not defined here will have the same meaning given to them in the Terms of Use.

Refer your friend to rfpl and both you/referrer and your friend/referee get referral benefits as per the referral scheme below.

For the purposes of these Terms and Conditions:

“Gold Loan” means financial assistance by way of a gold loan, availed either from RCPL or any lending partner of RFPL/RCPL.
“Paytm Wallet” means the digital wallet account operated by One97 Communications Limited (“Paytm”) with the brand name ‘Paytm’.
“RCPL” means Rupeek Capital Private Limited
“Referrer/You” means a person that has availed a Gold Loan in the past and does not, as on the date of availing the Referral Scheme, have an active Gold Loan account
“Referee/Friend” means a person that shall be on-boarded as a customer and avail his/her first Gold Loan, pursuant to being referred for the Referral Scheme, by the Referrer, subject to compliance with these Terms and Conditions.
“Referral Benefits” means the referral benefits that the Referrer and Referee would be eligible to receive, as stipulated in Section (I) below, subject to these Terms and Conditions.

(I) Terms of the Referral Benefit

A. Eligibility: The Referrer/You and Referee/Friend shall each be eligible to receive the Referral Benefits, as set out in Section (I) above, upon fulfillment of the following conditions:

The Referee/Friend inputs a valid referral code on the App, as received from the Referrer at the time of signing up.
Referee/Friend avails his/her first Gold Loan, for an amount equal to or greater than INR 50,000/- (Indian Rupees Fifty Thousand only)
The Gold Loan account maintained in the name of the Referee, should mandatorily be live for a minimum duration of 30 (Thirty) days from the date on which the referral code was used to avail his/her first Gold Loan.
The Referrer should not have an active Gold Loan account at the time of availing the Referral Scheme. In the event, the Referrer has an active Gold Loan account, please refer to the terms and conditions for availing the referral scheme by an active gold loan customer, [as available on the App].
There should be no change in the registered phone number of both, the Referee and Referrer from the time of application of Gold Loan by the Referee using the referral code till the disbursal of Gold Loan by either RCPL or any lending partner of RFPL/RCPL.

B. Mode of Payment by RFPL: The Referral Benefit shall be paid out by RFPL to the Referrer and the Referee, always in accordance with Section (II)(A) and in the manner set out below:

Referral Benefit to the Referrer: The Referral Benefit shall be directly transferred to the savings bank account of the Referrer, details of which were provided to RFPL, when the Referrer had availed the Gold Loan. Provided however that, in the event, transfer of the Referral Benefit to the savings bank account of the Referrer is not reasonably practicable, as determined by RFPL, the Referral Benefit shall be transferred to the Paytm Wallet of the Referrer. The Referrer shall be required to provide RFPL with the mobile number linked with its Paytm account, only upon expiry of 30 (Thirty) days from the date on which the referral code was used by Referee to avail the first Gold Loan, in order to receive such Referral Benefit.
Referral Benefit to the Referee: The Referral Benefit shall be directly transferred to the savings bank account of the Referee, details of which were provided/shall be provided to RFPL, when the Referee availed/avails the Gold Loan.

The Referral Benefits shall automatically be paid out by RFPL (in the manner set out in Section (II)(B)(i) and (ii) above) to the Referrer and the Referee, upon completion of a duration of 30 (Thirty) days from the date on which the referral code was used by the Referee to avail his/her first Gold Loan, provided that such Gold Loan account of the Referee is live on the system maintained by RFPL.

(II) Other Terms and Conditions

A. The Referrer and Referee agree and acknowledge that:

The Referral Scheme cannot be used to refer any immediate family member (for instance wife/husband, parents, siblings and children)
The Referral Scheme cannot be clubbed with any other offer or promotions provided by RFPL and/or its affiliates and/or its agents and/or its partners, as applicable from time to time
For the Referral Scheme to be valid, there should be no change in the registered mobile number of both, the Referee and Referrer from the time of application for the Gold Loan by the Referee using the referral code till the disbursal of Gold Loan by either RCPL or any lending partner of RFPL/RCPL.
The Referral Benefit may be transferred by RFPL to the Paytm Wallet of the Referrer. Receipt of the Referral Benefit is dependent on the Referrer (a) having a know-your customer compliant and fully operational Paytm account, that is capable of receiving and paying money; (b) providing the accurate mobile number linked with the Paytm account of the Referrer to RFPL; and (c) such other accurate and up-to-date details as may be required by RFPL at such time as provided in these Terms and Conditions.

B. The Referrer, without limitation, represents and warrants that, he/she:

Has a fully operational and know-your customer compliant Paytm account, capable of receiving and paying money
Is and shall ensure that He/She remains in compliance with all terms and conditions, policies and such other requirements as may be prescribed by Paytm from time to time
shall provide accurate and up-to-date details pertaining to the Paytm Wallet/account including the mobile number registered with Paytm such other details as may be required by RFPL for the purpose of providing the Referral Benefits.
shall not engage in any conduct or practice which violates any applicable laws and shall not breach any applicable laws
shall adhere to all of RFPL’s policy (ies) on referrals, marketing, advertising, code of conduct, and any instructions or materials provided under the Referral Scheme with respect to the loan products offered on the App
has understood the terms and conditions of the loan products offered on the App, as developed by RFPL and revised from time to time, and shall be in compliance with the relevant conditions set out therein, while participating in the Referral Scheme
shall not knowingly refer any person with a criminal record/conviction
shall not charge any fees or amount whatsoever from the Referrer and Referee under the Referral Scheme.
shall not make any representation or extend any warranty concerning the loan products offered on the App, except as specifically mandated by RFPL under the terms of the Referral Scheme.

C. Non-Disparagement: The Referrer and the Referee agree that, from and as on the date of this Referral Scheme, he/she:

shall not at any time, without limitation, publish or communicate any disparaging remarks, comments or statements concerning RFPL and/or its affiliates and/or its agents and/or its partners
shall not engage in any conduct or act in any manner that might damage the business or reputation, interest or credibility of RFPL and/or its affiliates and/or its agents and/or its partners
shall not enter into any negotiation with the Referees for a compromise or waiver of rights of RFPL without the express written permission of RFPL.
shall not make any false promise, falsely market the loan products offered on the App, or give any assurances of any nature resulting in a misrepresentation of RFPL and/or its affiliates and/or its agents and/or its partners or assumption of or make or give any financial commitment on behalf of RFPL and/or its affiliates and/or its agents and/or its partners to any Referee.

D. Indemnity

The Referrer and Referee shall indemnify, hold harmless and keep indemnified RFPL, its affiliates, its business partners and lenders and any of its or their directors, agents, employees, and other officers (“Indemnified Parties”), from and against all claims (including any claim by any third party/ assignee or, including a governmental authority), losses, damage, costs and expenses (including reasonable legal and other advisor fees) incurred or suffered by the Indemnified Parties arising out of or in relation with:

Any breach by the Referrer or Referee of any obligation, representation, warranty and/or covenant contained in this Referral Scheme; or
any act of fraud or misrepresentation or breach of laws, committed by the Referrer or Referee.

E. Confidentiality

“Confidential Information” means any and all information or items which are proprietary to RFPL and/or its affiliates (including information, data and materials relating to loan products or prospective loan products of RCPL and/or any lending partner of RFPL/RCPL and processes or intellectual property of RFPL and its affiliates) made available (whether intentionally or otherwise) to the Referrer and/or Referee, by or on behalf of RFPL and/or its affiliates and relating to the business, operations, affairs, technologies, schemes, documents, materials and instructions developed for the Referral Scheme and any and all information relating or incidental to referrals, potential clientele or of customers of RFPL and/or its affiliates, whether observed or provided orally, in written, graphic, electronic form or in any other form.

The Referrer and Referee hereby agree that, with respect to the Confidential Information, he/she shall
1. maintain such Confidential Information in strict confidence
2. not disclose such Confidential Information publicly or to any third party in an unauthorized manner.
3. use such Confidential Information only for purposes of its obligations under the Referral Scheme, and for no other purpose; and
4. disclose such Confidential Information only with prior written approval of RFPL.
If the Referrer and/or Referee receive a request from a regulatory authority or by judicial process to disclose Confidential Information of RFPL and/or its affiliates then he/she shall:
1. use reasonable efforts to promptly notify RFPL and/or its affiliates, nature and requirements for such disclosure in order to afford RFPL and/or its affiliates adequate opportunity to seek a protective order or other legal remedy to prevent the disclosure
2. reasonably cooperate with RFPL and/or its affiliate’s efforts to secure such a protective order or legal remedy; and
3. if efforts seeking such order or remedy are unsuccessful, take reasonable steps to seek confidential treatment of such Confidential Information to be disclosed.
4. disclose such Confidential Information only with prior written approval of RFPL.
The Referrer and Referee agree that the breach of this Clause may cause irreparable injury to RFPL and/or its affiliates, the degree of which may be difficult to ascertain. Accordingly, the Referrer and Referee agree that the RFPL and/or its affiliates will have the right to seek an immediate injunction enjoining any breach of this Clause as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach
The obligations under this Clause shall be perpetual.

F. Disclaimers

The disclaimers provided herein are in addition to the Terms of Use available on the website:

The Services provided by RFPL and/or affiliates are provided on an “as is, where is” basis.
RFPL and/or affiliates does not guarantee the accuracy, integrity or quality of service provided by Paytm and disclaims any liability arising out or in connection with the services provided by Paytm under the Referral Scheme. RFPL and/or affiliates shall not have any liability where the transaction is unable to be completed or does not fructify.
In no event shall RFPL and/or its affiliates be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Referral Scheme.

G. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of India.
Any dispute arising or in connection with this agreement, including any dispute relating to the validity or termination of this agreement shall be determined by arbitration to be administered by the Centre for Online Resolution of Disputes (CORD) (www.resolveoncord.com) in accordance with the Rules of Arbitration of CORD, prevailing as on date of initiating arbitration. The arbitration tribunal shall consist of a sole arbitrator who shall be appointed by CORD in accordance with its Rules. The decision of the arbitration shall be final. The seat of arbitration shall be Chennai. The language of arbitration shall be English.

H. Modification of Terms and Conditions

RFPL reserves the right, at its sole discretion, to modify or replace any of these Terms and Conditions or change, suspend, or discontinue the Referral Scheme including without limitation, the availability of any feature or offer thereof) at any time. RFPL shall post the revised Terms and Conditions on the App along with the date when these Terms and Conditions were last revised without providing any prior notice to the Users. It is the User’s responsibility to check these Terms and Conditions and the Terms of Use periodically for any changes. The User’s continued use of the Referral Scheme following the posting of any changes to these Terms and Conditions and/or Terms of Use constitutes an acceptance of those changes.

I. Interest rate related changes.

The interest rate mentioned is a floating interest rate and subject to change basis repo rate changes made by the Reserve Bank of India

Questions

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