TERMS AND CONDITIONS

2.1 Use of the application/website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent etc. shall not be eligible to use the application/website. If the person accessing the application/website is a minor. i.e., under the age of 18 (eighteen) years, such person shall not register as a Participant(s) of the application/website and shall not transact on or use the application/website.

2.2 The application/website reserves the right to terminate any membership and/or refuse to provide access to the application/website if it is brought to the notice or if it is discovered that the individual accessing/using the application/website is under the age of 18 (eighteen) years.

2.3 By accepting the Terms of Use (link of the website), the Participant(s) irrevocably declares and undertakes that: (i) he/she is above 18 (eighteen) years of age; (ii) he/she/ it has the authority to enter into this Agreement; (ii) this Agreement is binding and enforceable against the Participant(s); (iii) execution of this Agreement by the Participant(s) does not conflict with any of the Participant(s)’s obligation under any Applicable Laws, contract or otherwise; and (iii) the Participant(s) has read, understood and agreed to abide by the Privacy Policy, which is available here (add the link of privacy policy) and incorporated by reference (the “Privacy Policy”) in the website

2.4 The Participant(s) must have a rupee denominated savings/current account with a bank in India.

2.5 Participant(s) must have PAN (Permanent Account Number), allotted by Income TaxDepartment of India and/or Aadhar or any other valid documents(OVD) as per RBI’s KYC Guidelines

2.6 By accepting the Terms of Use, Participants acknowledge that they have also read and understood the risks involved in borrowing through the application/website.

2.7 To be eligible as a Borrower, Participant(s) must qualify the below criteria along with criteria mentioned below:

2.8. , the Participant(s):(a) must be based in India;(b) should not be unemployed/out of business at any point of time during the last 6 (six) months;(c) should not have any kind of civil or criminal litigation instituted against him/her.

3.1 As indicated, any person may access the application/Website either by registering or using the application/Website as a guest. However, a guest user may not have access to all sections of the Website which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the application/Website.

3.2 All eligible users who wish/have to register themselves with the application/Website shall be required to create an account by filling in the details prescribed in the application.

3.3 By applying for registration, the User agrees and authorizes MoneyTime Technology Solutions Pvt. Ltd./ Lending partners of MoneyTime Technology Solutions Pvt. Ltd. to carry out such checks and verification. As part of the registration process:

3.3.1 Identity, KYC, fraud checks in the application will be redirected and decision will be taken by partnered Regulated Entities;

3.3.2 obtain a credit report for Users from the Credit Information Bureau

3.4 If any User provides any information that is untrue, false, not updated, and incomplete or the application/Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Company shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the application/Website (or any portion thereof).

3.5 Users of the application/Website may be required to provide certain personal information and expressly permit the application/Website for accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the -personal information of the Users shall be subject to the application/Website’s privacy policy available (https://www.rapidmoney.in/privacy-policy)

3.6 Assessment Fee to register as a Borrower : Regulated Entities empanelled by MoneyTime Technology Solutions Pvt. Ltd. will charge each Borrower a one-time assessment fee of INR 200 (Indian Rupees Two Hundred Only) for the services provided to the Borrowers. These fees are non-refundable.

3.7 Non-Lending/Non-Regulated Services : MoneyTime Technology Solutions Pvt. Ltd. may provide non-lending or non-regulated products directly through the Platform by charging an Assessment fee. Please note that accessing these Services does not guarantee Credit Facility approval by the Lending Partners. Additionally, once a non-regulated Service (i.e. a Service not being a Lending Service) is accessed in accordance with this clause, no requests for refunds or cancellations for the purchase of Services will be entertained.

4.1 To borrow through the App/Website You must log on to RapidMoney.

4.2 All registered Users of the App/Website shall be solely responsible for activities relating to the account and the App/Website or the entity operating the same shall not in any manner be held responsible and/or liable for any illegal acts including but not limited to misuse, unauthorized access, hacking of the App/Website or refusal to access the App/Website due to such reason.

4.3 All App/Website borrowers (Loan Sanctioned borrowers) hereby confirm and acknowledge that they have been provided with a copy of the Key Fact Statement and Loan Agreement to be entered between the Borrower and the Lender/s partnered with the Regulated Entities. All Users further confirm that have read and understood all the terms and conditions and upon execution do hereby covenant and undertake to unconditionally abide by the same, without raising any defense of whatsoever nature in respect thereof.

4.4 If any User learns or is made or becomes aware of any instance of hacking or misuse of its Account, it shall without delay notify the App/Website of the same.

4.5 We can refuse to act on any instruction received from User that we believe: (a) was unclear; (b) was not given by the user; (c) might cause us to breach a legal or other duty; or (d) suggests that the App/Website is being used for an illegal purpose.

4.6 The App/Website disclaims, and the User waives off, any and all claims/liabilities arising out of any unlawful usage of the App/Website, the personal information of the User, inaccessibility of the App/Website for any reason whatsoever, which are caused owing to causes beyond the control of the App/Website . While the App/Website employs best efforts to ensure the aforesaid, it cannot guarantee the same. No User shall trade or sell such User accounts in any manner whatsoever.

4.7 Notwithstanding anything contained herein, the App/Website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. The App/Website may intimate the Users from time to time regarding such inaccessibility. However, under no circumstances will the App/Website be held liable for any losses or claims arising out of such inaccessibility to the Users, and the User expressly waives off any and all claims/liabilities arising to this end.

4.8 The App/Website grants every User a limited, non-exclusive and revocable license to access the App/Website and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in clause 6.1 of the Terms of Use.

4.9 The User shall solely be responsible for obtaining access to the App/Website, and that access may involve third-party fees (such as internet service provider fees or airtime charges). In addition, the User must provide and shall be responsible for all equipment necessary to access the App/Website. The User may not bypass any measures that have been implemented to prevent or restrict access to this App/Website.

4.10 Any unauthorized use and/or access of/to the App/Website by a User (including any access through the registered account of that User or any device that the User may use to access the App/Website) shall terminate the permission or license granted to the User by the App/Website.

4.11 Under no circumstance shall any User save copies, download, and print or otherwise store any content of the App/Website for any commercial purposes. Accessing, downloading, storing, or otherwise using the content of the App/Website for any commercial purpose will constitute a material breach of these terms & conditions.

4.12 The App/Website strictly prohibits any use of the content available through the App/Website, including but not limited to: (i) any downloading, copying or other use of the content or the App/Website for purposes competitive to the App/Website or for the benefit of any third party; (ii) any caching, unauthorized linking to the App/Website or the framing of any content available on the App/Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or Services obtained from the App/Website that the User does not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of 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; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the App/Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in the Website’s sole discretion) an unreasonable or disproportionately large load on the Website’s infrastructure, or damage or interfere with the proper working of the Website’s infrastructure.

4.13 The App/Website reserves the right to refuse or cancel any registration of its Users, remove any person from the App/Website and prohibit any person from using the App/Website for any reason whatsoever, and to limit or terminate such access to or use of the App/Website at any time without notice.

6.1 You can borrow from the App/Website by posting a loan request through the App/Website and completing the application process.

6.2 During the application process, you must also enter the details of your bank account for the purposes of repayments due to the lender.

6.3 By posting Loan Request, you agree:

1. a) to provide us with certain additional Information which we will ask you for, and that if we discover that this additional information and/or the information you gave us during the application process was inaccurate or deficient in any respect, then the Loan Request will be void and we have the right to take appropriate actions against the Users.
2. b) to authorize us to check your credit bureau report from any of the Credit Information Bureau in India, which are required by us to assess the credibility of the repayments.

6.5 Formation of Key Fact Statement and Loan Agreements

1. a) The Borrower agrees to accept each of the loan offers that meets the borrowing criteria.
2. b) The Borrower agrees to sign and execute the Key Fact Statement and Loan Agreements electronically. In case of multiple loan agreements, the App/Website will provide you with a summary of loan availed.

6.6 Disbursement of Loan proceeds upon execution of all the required documents and fulfillment of all conditions for disbursements, to the sole satisfaction of the partnered Regulated Entity, the borrowed amount will be credited to the account of the Borrower by the partnered Regulated Entity, subject to its credit evaluation and discretion. They follow a rounding down approach during loan disbursement to the borrower for simplicity purposes. For eg, if the disbursement amount after deduction of all charges and fees amounts to Rs. 9411.18, the disbursement amount will be Rs. 9,411 and Rs. 0.18 will be transferred to the lending partner as the adjustment amount.

6.7 Charges and Fees: Charges will follow the terms outlined in the loan agreements between borrowers and lenders, and the charges will be passed on to the lending partners.

1. For Personal Loan (MoneyTime Technology Solutions Pvt. Ltd.): (i) assessment fee: INR (200) to be borne by each borrower and (ii) processing fee: 5% to 10% at the time of disbursement.
2. Any other charges including delay charges shall be as per the terms of loan agreements entered into by the borrowers, the lenders partnered with Regulated Entity.
3. Litigation costs and expenses, including legal fees and expenses, to cover litigation recover outstanding arrears, in which case the Borrower will be advised of such costs and expenses if such action proves necessary.
4. Late Payment Fee: If a Borrower has delayed a repayment, Partnered Regulated Entity reserves the right to charge you an administration fee for the work it does in attempting to collect your Repayments (“Late Payment Fee”).

7.4 Refund and Cancellation policy:

1. a) The borrowers can raise a refund request in case there is a double deduction of EMI for a due date. This normally happens when the payment is received by the lending partners via auto-debit mode and the borrower makes payment on their own. The request can be raised by writing to customer support at support@rapidmoney.in on such debits from the account. If a refund is eligible, it shall be processed by the lending partner within 2 (two) days of resolution.
2. b) In case of a payment failure, (where payment is not received by the lending partner), but the amount is deducted from the customer’s bank account, it will be automatically refunded by the payment gateway as per their policy. The customer can reach out to the payment gateway’s customer support team for a speedy resolution in this case.
3. Loan Administration

8.1 EMI: EMIs will start as per the date of disbursement of the loan.

8.2 Prepayment Terms : A borrower wishing to prepay or foreclose their loan may do so by settling the foreclosure charges as specified in the agreement between the lender and the borrower and any other charges and dues, will apply.

8.3 Missed Repayments

In case a Borrower misses a repayment or anticipates that for any reason whatsoever the Borrower will not be able to repay as per the repayment schedule under the Loan Agreement, then the Borrower should promptly contact the Company by sending an email to support@rapidmoney.in Upon receipt, of the e-mail, our partnered regulated entities along with its Lending Service Provider; MoneyTime Technology Solutions Pvt. Ltd., shall undertake the following actions:

1. a) explain the delay charges and options available with you
2. b) inform the relevant lending partner regarding the same
3. c) inform if your account is being passed on to the internal recovery team for further legal recovery as your loan has been classified under Default category.
4. d) Inform the Credit Information Bureau about the Borrower’s default in repayment. As a word of caution, we would like to inform you that this reporting may have serious consequences on your ability to avail any credit in the future.

8.4 Default Category

A Borrower shall be considered under “default” category, if either of the below event has occurred:

1. a) if he fails to pay the EMI for three consecutive months;
2. b) we receive confirmation that the Borrower has died;
3. c) the Borrower has entered into a terminal arrangement affecting the Borrower’s Loan Agreements
4. d) Other specific situations, which may arise at any point in time, the partnered Regulated Entity will have the right to classify the loan as default, with support from MTTS in its capacity as a Loan Service Provider and mutually agreed in the agreement.
5. Closing Your Account

9.1 Once your Loan is repaid, you may terminate your registration by sending us an email to support@rapidmoney.in and you will no longer be able to access the App/Website. However, the lending partner and the company will continue to maintain records to the extent that we are required by law and internal policies and agreements partnered with Regulated Entities.

9.2 We may terminate the registration of the User if the User has provided false information, has breached the Terms of Use, has died, become bankrupt, failed to pay the loan, or it is categorized in Default category on the App/Website or the partnered Regulated Entity has classified the user under default category, make a voluntary arrangement with anyone the User owes money, or the User establishes contact with anyone who owes money to the User without knowledge of the App/Website.

9.3 We may either terminate or suspend your registration immediately and without notice if we are aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity or we find that you are spoiling the reputation of the app/website or we find any activity which is against the interest of the website or we find you are using information available on the platform for any other commercial purpose.

9.4 When we terminate your registration, you will not have access to your Account. However, this will not affect your obligation to repay the amount you have borrowed under a Loan Agreement. Or receive EMI Amount you have lent under a Loan Agreement.

10.1 Service Communications

We understand your concerns of not sending unnecessary calls, emails or SMS to you. There are some messages (“Service Messages”) that we will need to send you. These may be sent via email, call or text message and include notifications at various stages of your loan.

10.2 Occasional Updates

When you register on MoneyTime Technology Solutions Pvt. Ltd. you are offered the option to receive our occasional updates. These messages notify you about new features added on the App/ Website, ask your opinion regarding various situations and services, and tell you about services you might not be using yet. If you decide you no longer want to receive these messages you can change your contact preferences in the “My Contact Preferences” area once you are logged in to your MoneyTime Technology Solutions Pvt. Ltd. Account or email your preference to us at support@rapidmoney.in

10.3 Redirects, Third Party Links and Offers

When you use the App or Website, you may access a link that directs you to a third-party website or resource. Such websites or resources are not controlled by the Company and different terms of use and privacy policy may apply for accessing / using such websites or resources. Since the Company has no control over such third party websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the App / Website is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties. The Company disclaims all liability arising from your access to or use of such third-party sites.

While using the App/ Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:

(i) belongs to another person and to which the User does not have any right to;

(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(iii) harms minors in any way;

(iv) impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;

(v) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;

(vi) infringes any patent, trademark, copyright or other IPR (defined below);

(vii) contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

(viii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(ix) engage in any activity that interferes with or disrupts access to the App/ Website or the Products (or the servers and networks which are connected to the App/ Website);

(x) attempt to gain unauthorized access to any portion or feature of the App/ Website, any other systems or networks connected to the App/ Website, to any App/ Website server, or to any of the Products offered on or through the App/ Website, by hacking, password mining or any other illegitimate means;

(xi) probe, scan or test the vulnerability of the App/ Website or any network connected to the App/ Website, nor breach the security or authentication measures on the Website or any network connected to the App/ Website;

(xii) disrupt or interfere with the security of, or otherwise cause harm to, the App/ Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the App/ Website or any affiliated or linked sites;

(xiii) use the App/ Website or content therein for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the App/ Website or other third parties;

(xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(xv) violate any code of conduct or other guidelines, which may be applicable for or to any particular service;

(xvi) violate any applicable laws or regulations for the time being in force within or outside India;

12.1 Intellectual Property Rights (“IPR“) for the purpose of these Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.

12.2 All IPR on the App/ Website exclusively belong to either the App/ Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the App/ Website, a third party supplier or seller during or pursuant to its use of the App/ Website for any purposes whatsoever.

12.3 All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of www.rapidmoney.in as the owner of such domain name.

12.4 The Parties hereto agree and confirm that no part of any IPR mentioned hereinabove is transferred in the name of User and any IPR arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.

12.5 Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any IPR through any medium without obtaining the necessary authorization from the App/ Website or the thirty party owner of such IPR.

13.1 The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties“) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with:

(i) The User’s breach of these Terms of Use; or

(ii) Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Application/Website; or

(iii) Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or

(iv) Violation of any rights of any third party by the User, including any IPR; each an “Indemnity Event“.

13.2 Upon occurrence of an Indemnity Event, the Application/Website may notify the User of any claims which the User shall be liable to indemnify the Application/Website against. The User shall then be obligated to consult with the Application/Website regarding the course of action to be undertaken in defending such a claim.

13.3 The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.

13.4 Notwithstanding anything to contrary, in no event shall the Application/Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Application/Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Application/Website or the Product.

14.Report Abuse and Take Down Policy

14.1 In the event the Application/Website or any User becomes aware of any objectionable content on the Application/Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms of Use then, the Application/Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Application/Website. 14.2 For any reporting in respect of the aforesaid, the User should contact the Application/Website at support@rapidmoney.in

14.3 If a feedback comment or any communication made between Users and the Application/Website or email communication between Users in relation to transactions conducted on the Application/Website contain profanity, please submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

14.4 The Application/Website shall consider the circumstances of an alleged policy violation and the User’s trading records before taking action; violations of this policy may result in a range of actions, including: (a) limits placed on account privileges; (b) loss of special status; (c) account suspension.

15.Feedback and Information

15.1 The Application/Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Application/Website and such use shall be entirely unrestricted.

15.2 The Application/Website may, at its discretion, also make any modifications or changes to the Application/Website and its content on the basis of such feedback or information.

15.3 In the event that the Application/Website makes any changes or modifications to the Website on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Application/Website or Products listed therein.

15.4 By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person; and (ii) shall not be entitled to any compensation or reimbursement of any kind from the Application/Website for the feedback under any circumstances.

16.Applicable Law

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction in respect of any matters arising here from.

17.Dispute Resolution

17.1 In the event any dispute arises out of or in connection with the Terms of Use herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

17.2 In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Mumbai. The language of arbitration shall be English.

18.Jurisdictional Issues

Unless otherwise specified, the products/items listed on the Application/Website are solely for the purpose of delivery in India. The Application/Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.

19.Buyer Protection Program

19.1 If you want to make a complaint about the Loan Agreement you can email support@rapidmoney.in with brief details of your complaint and your account reference. MoneyTime Technology Solutions Pvt. Ltd. will acknowledge your complaint within one working day. MoneyTime Technology Solutions Pvt. Ltd. will then investigate and send you an initial response within 15 working days.

19.2 If you are not satisfied with the response received, or if the customer does not receive any response within 15 working days, then the customer can write, mail, or call the Grievance Redressal Officer of the company which is defined in the Grievance Redressal Mechanism.

20.General Provisions

20.1 Notice: All notices to be issued pursuant to these Terms of Use shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms of Use shall be sent to the Application/Website’s grievance officer by e-mail at support@rapidmoney.in

20.2 Assignment: These Terms of Use shall not be assigned or otherwise transferred by the User. However the Application/Website’s obligations under these Terms of Use are freely assignable or otherwise transferable by the Application/Website to any third parties without the requirement of seeking the Users prior consent.

20.3 Severability: If any provision of these Terms of Use is void, or is so declared, such provision shall be severed. The Terms of Use shall otherwise remain in full force and effect.

20.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

20.5 Relationship and Exclusivity. Nothing in these Terms of Use shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

20.6 Force Majeure: If performance of any service under these Terms of Use by the Application/Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Application/Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Application/Website and could not have been prevented by reasonable precautions then the Application/Website shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Application/Website of its obligations herein.

22.Defined Terms

22.1 In these T&C the following words have the following meanings

Borrower means the person who is registered as a borrower on the Website

Credit Bureau Information means CIBIL, Experian, Equifax and Crif Highmark

Prohibited Sectors means any business area which is prohibited by the Government of India.

RBI means the Reserve Bank of India