Terms & Conditions

1. INTRODUCTION

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

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

The domain name aasaancredits.com (“Website”) is owned by Shivji Finance and Investments Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at E-1, 4th Floor, Prashant Vihar, New Delhi - 110085 and its Corporate Office at E-1, 4th Floor, Prashant Vihar, New Delhi - 110085 (hereinafter referred to as “Aasaan Credits”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, partners and permitted assigns). The objective of the Website is to facilitate the lending and borrowing of capital, in accordance with the terms of the loan agreement to be executed between you and Shivji Finance and Investments Pvt Ltd.
For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:

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

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

Aasaan Credits reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use (“Terms”), at any time without any prior written notice to the Borrower. It is the Borrower’s sole responsibility to review these Terms periodically for updates or changes. The Borrower’s continued use of the Website following the posting of changes shall be deemed to mean that the Borrower accepts and agrees to the revisions. As long as the Borrower complies with these Terms, Aasaan Credits grants the Borrower a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.
Accessing, browsing or otherwise using the Website indicates the Borrower’s agreement to all the terms and conditions under these Terms. Borrower is advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, the Borrower also accepts and agrees to be bound by all Aasaan Credits’ policies, including but not limited to its Privacy Policy as amended from time to time.

2. MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website.

Aasaan Credits reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Aasaan Credits’ notice or if it is discovered that such person is not eligible to use the Website. In case you are using the Website and opening an account on the Website on behalf of an incorporated entity, it is presumed that you have been authorised by the entity and your use of the Website shall bind the entity with respect to these Terms. That we reserve our right to modify or make changes in the Terms and Conditions of the company from time to time and such revision/modification shall be effective upon posting by us on the website. The member should agree to be bound to any changes to this Terms & Condition when they use such services after such modification is posted. It is therefore important that the members review the Terms & Conditions regularly upon each use of the services to ensure any updates as to changes. Our website is intended for the use of the users situated within India only.

3. ACCEPTANCE OF TERMS AND CONDITIONS

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

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

As a User of this Website you have agreed to the Terms & Conditions that Aasaan Credits has provided hereunder or anywhere else in this Website, including but not limited to disclaimers on this Website. You are advised to read and understand the said Terms & Conditions and in case you do not wish to agree to these Terms & Conditions, please do not use the Website.

4. BORROWER’S ACCOUNT

  1. The Website allows very limited and restricted access to the Services for unregistered users.
  2. In order for a Borrower to avail the Services from Aasaan Credits through the Website, the Borrower is required to create an account on the Website (“Account”) and provide Aasaan Credits with certain user information/documentation for verification, which shall include your name, phone number, your address, your date of birth, your e-mail address, your gender, your financial information such as bank account, bank account statement or credit card or debit card or other payment details, your permanent account number, aadhar number, details of your income tax returns.
  3. In addition to the above, Aasaan Credits reserves the right to request the Borrower to provide such other information/documentation as it may deem fit.
  4. While registering with the Website to avail the Services, the Borrower shall not:
    1. create any Account for anyone other than the Borrower, unless such person’s prior written permission has been obtained;
    2. use an Account that is the name of another person with the intent to impersonate that person;
    3. use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
    4. create more than one Account on the Website.
    5. Borrower Obligations
    6. The Borrower will be responsible for maintaining the confidentiality of the login credentials and the Account information and shall be fully responsible for all activities that occur under the Account. The Borrower agrees to, (i) immediately notify Aasaan Credits of any unauthorised use of the Account information or any other breach of security; and (ii) ensure that the Borrower exits from the Account at the end of each session. Aasaan Credits cannot and will not be liable for any loss or damage arising from the Borrower’s failure to comply with this Clause. The Borrower may be held liable for losses incurred by Aasaan Credits or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of the Borrower’s failure in keeping the Account information confidential.
    7. The Borrower shall ensure that the Account information provided by the Borrower in the Website’s registration form is complete, accurate and up to date. Use of another Borrower’s account information for availing the Services of the Website is expressly prohibited.
    8. The Borrower agrees that if the Borrower provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Aasaan Credits has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, Aasaan Credits shall have the right to indefinitely suspend or terminate or block access to the Account on the Website and refuse to provide the Borrower with access to the Website.

5. USE OF WEBSITE

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

6. MONITORING OF WEBSITE AND MEMBER’S ACCOUNT

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

7. LICENSE AND SITE ACCESS

Aasaan Credits grants you a limited license to access and make personal use of the Site. This license does not include any downloading (other than page caching) or modifying it, or any portion of it (except with express written consent of Aasaan Credits); unauthorized hypertext links to the Site and the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose an unreasonable or disproportionately large load on Aasaan Credits’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Aasaan Credits and / or its affiliates, as may be applicable. The member may not bypass any measures used by Aasaan Credits to prevent or restrict access to the Site. Any unauthorized use by them shall terminate the permission or license granted to you by Aasaan Credits. By using this Site and by accepting to agree to these Terms & Conditions they also agree that they shall not hack or otherwise hire some third party to hack the Site or use any other unauthorized means without a written consent of Aasaan Credits and access any third-party information. The members shall in such an event be liable of a criminal offence and Aasaan Credits shall institute appropriate legal proceedings to claim damages.

8. USER OBLIGATIONS

  1. By using this Website, the User agrees to comply with all of the Terms hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
  2. The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Website and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Website.
  3. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
  4. The User further agrees to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security and understand that the Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
  5. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the Users understands that the Company reserves the right to immediately dishonor all past and pending orders without any liability including that of refunds.
  6. You agree, understand and confirm that the credit card details provided by you for availing of services on Company will be correct and accurate and you shall not use the credit card which is not lawfully owned by you.
  7. The Users shall not use the website in such a manner as to threaten the unity, integrity, defence, 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 any other nation.
  8. The User shall not disseminate information that is false, inaccurate or misleading and violate any applicable laws or regulations for the time being in force in or outside India
  9. The User shall not directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  10. Users agree to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of Company service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services.
  11. Users upload their pictures with absolute consent and understanding. The Company merely facilitates the service and has no liability for any consequence arising out of uploading pictures of oneself as a part of using the virtual try on feature of the website.
  12. The User understands and agrees that we are not responsible for any defect, delay or interferences in the use of the payment gateways while making the payment for a transaction.

9. FEEDBACK

  1. Aasaan Credits may allow members to post their review and experience of using the Website and the Services (“Reviews“) in order to improve the Website, the Services and the user experience.
  2. User, being the originator of the Reviews, are responsible for the Reviews that they upload, post, publish, transmit or otherwise make available on the Website. Members represent that all such Reviews will be in accordance with applicable law. They acknowledge that Aasaan Credits does not endorse any Reviews on the Website and is not responsible or liable for any Reviews. Aasaan Credits reserves the right to disable access to the Reviews on the Website.
  3. User hereby grant Aasaan Credits a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by Aasaan Credits in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by Aasaan Credits.
  4. Users further represent and warrant that while posting any Reviews on the Website they shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, they shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

10. CONFIDENTIALITY

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

11. ADVERTISERS / LINKS TO THIRD-PARTIE’S WEBSITE

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

12. INDEMNIFICATION

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

13. TERMINATION

  1. Aasaan Credits, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website at any time for any reason including termination for breach of any of these Terms.
  2. None of the Borrower’s content shall remain accessible on the Website upon termination. This information cannot be recovered by the Borrower, once the account is terminated.
  3. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
  4. We reserve the right to temporarily disable or permanently discontinue any and all operations of the Website.

14. DISCLAIMER OF WARRANTIES

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

15. LIMITATION OF LIABILITY

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

16. SEVERABILITY

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

17. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  • Aasaan Credits solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Website and content on the Website and is protected under Indian law.
  • You hereby acknowledge that the Website constitutes original work and has been developed, compiled, prepared, revised, selected, and arranged by Aasaan Credits through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of Aasaan Credits during and after the term of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
  • Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.

18. FORCE MAJEURE

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

19. GOVERNING LAW AND DISPUTE RESOLUTION

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

20. ASSIGNMENT

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

21. GRIEVANCE REDRESSAL MECHANISM

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

Name: Mr. Deepak Sharma
Address: E-1, 4th floor, Prashant Vihar, New Delhi- 110085
Phone: 022-62603800
Mobile: 08447960667
E-mail: [email protected]

HOW TO CONTACT US

If you have questions or concerns about this Policy, please contact us at [email protected] or call us on 011-/ 08447960667

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