TERMS AND CONDITIONS
2. Customer Eligibility
2.1 Use of the 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 insolvents etc. shall not be eligible to use the Website. If the person accessing the Website is a minor i.e. under the age of 18 years, such person shall not register as a User of the Website and shall not transact on or use the Website.
2.2 The Website reserves the right to terminate any membership and/or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4 The User must have a rupee denominated savings/current account with a bank in India.
2.5 User must have PAN (Permanent Account Number), allotted by Income Tax Department of India.
2.7 Borrower Eligibility
2.7.1 Borrower must be a self-employee or a salaried individual.
2.7.2 Borrower must be based in India
2.7.3 Borrower should not be operating in any Prohibited Sectors
2.7.4 Borrower must not have an interest in any business that operates in any of the Prohibited Sectors
2.7.5 Borrower must be seeking a loan amount equal to the course fee as specified by the Education Institute with a loan term of Course Tenure minus One month.
3. Registration on the Website
3.1.1 As indicated, any person may access the Website by registering on the Website
3.1.2 Lending Partners obtain a credit rating for Users from the Credit Information Bureau
3.2 All eligible Users who wish/have to register themselves with the Website shall be required to create an account by filling in the details prescribed in the Website.
3.3 By applying for registration, the User agrees and authorizes GAJJU to carry out such checks and verification as part of the registration process including but not limited to:
3.1.1 identity, KYC, fraud checks.
3.1.2 obtain a credit rating for Users from the Credit Information Bureau;
3.1.3 carry out residence and/or work verification at your employment location;
3.4 If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
4. Website Usage
4.1 To borrow through the Website You must log on to Financepeer Account.
4.2 All registered Users of the Website shall be solely responsible for activities relating to the account and the 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, un-authorized access, hacking of the Website or refusal to access the Website due to such reason.
4.3 If any User learns or is made or becomes aware of any instance of hacking or misuse of its GAJJU Account, it shall without delay notify the Website of the same.
4.4 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 Website is being used for an illegal purpose.
4.5 The Website disclaims, and the User waives off, any and all claims/liabilities arising out of any unlawful usage of the Website, the personal information of the User, inaccessibility of the Website for any reason whatsoever, which are caused owing to causes beyond the control of the Website. While the 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.
4.6 Notwithstanding anything contained herein, the Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. The Website may intimate the Users from time to time regarding such inaccessibility. However, under no circumstances will the 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 User shall solely be responsible for obtaining access to the 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 Website. The User may not bypass any measures that have been implemented to prevent or restrict access to this Website.
4.9 Any unauthorized use and/or access of/to the 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 Website) shall terminate the permission or license granted to the User by the Website.
4.10 Under no circumstance shall any User save copies, download, and print or otherwise store any content of the Website for any commercial purposes. Accessing, downloading, storing, or otherwise using the content of the Website for any commercial purpose will constitute a material breach of these terms & conditions.
4.11 The Website strictly prohibits any use of the content available through the Website, including but not limited to: (i) any downloading, copying or other use of the content or the Website for purposes competitive to the Website or for the benefit of any third party; (ii) any caching, unauthorized linking to the Website or the framing of any content available on the 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 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 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.
4.12 The Website reserves the right to refuse or cancel any registration of its Users, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate such access to or use of the Website at any time without notice.
5. Borrowing Process
5.1 A Borrower can borrow from the Website by posting a loan requirement through the Website and completing the application process.
5.2 During the registration process, the borrower must also enter the bank account for the purpose of making repayments
5.3 By posting Loan Request, Borrower agrees to provide GAJJU with certain additional information which , and that if it is discovered that the additional information and/or the information borrower provided during the application process is inaccurate or deficient in any respect, the Loan Request will be void and GAJJU reserves the right to take appropriate actions against the Users.
5.4 Disbursement of Loan Proceeds upon execution of all the required documents and fulfilment of all conditions for disbursements, to the sole satisfaction of the Company, the borrowed amount will be credited to the Education Institutes account.
5.5 Website shall be entitled to charge GST as prescribed by Govt & regulatory authorities
6. Default Category
A Borrower shall be considered under "default" category, if either of the below event has occurred:
a) if he/she fails to pay the EMI for three consecutive months;
b) if we receive confirmation that the Borrower has died;
c) if the Borrower has entered into a terminal arrangement affecting the Borrower’s Loan Agreements
d) Other specific situation, which may arise at any point in time, Gajju Technologies and its partners will have a right to decide whether to classify any Loan Agreement under "Default" or not.
e) Lending Partners to 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 adversely impact your credit score and will have serious consequences on your ability to avail any credit in the future.
7. Bureau Report Pull
The customer agrees to the following:
a) Lending Partners of GAJJU shall access your Credit Information as your authorized representative and GAJJU shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by me from Financepeer. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to CICRA.
b) The Parties agree to protect and keep confidential the Credit Information both online and offline.
c) The relationship between me and GAJJU and Lending Partners of GAJJU shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.
"Credit Information Report" "means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by CIBIL/Experian/Equifax/CRIF;
"Credit Score" means the score which shall be mentioned on the Credit Information Report which shall be computed by CIBIL/Experian/Equifax/CRIF.
"CICRA" shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.
8. How to close Your GAJJU Account
8.1 Once all your outstanding loans are repaid, you may terminate your GAJJU account by sending us an email to firstname.lastname@example.org and you will no longer be able to access the Lending Platform. However, we will continue to maintain records to the extent that we are required by law.
8.3 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 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.
8.4 When we terminate your registration, you will not have access to your GAJJU Account. However, this will not affect your obligation to repay the amount you have borrowed under a Loan Agreement.
9. Occasional Updates
When you register on GAJJU you are offered the option to receive our occasional updates. These messages notify you about new features added on the Online Platform, ask your opinion regarding various situations and services, and tell you about services you might not be using yet.
10. Use of Content
While using the 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) Impersonates 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) contains 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) engages in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
(x) attempts to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
(xi) probes, scans or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
(xii) disrupts or interferes with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or a ny affiliated or linked sites;
(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) Violates any code of conduct or other guidelines, which may be applicable for or to any p articular service;
(xvi) Violates any applicable laws or regulations for the time being in force within or outside India;
11.1 The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after 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:
(ii) Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the 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".
11.2 Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
11.3 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.
11.4 Notwithstanding anything to contrary, in no event shall the 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 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 Website or the Product.
12. Intellectual Property Rights
12.2 All IPR on the Website exclusively belong to either the 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 Website, a third party supplier or seller during or pursuant to its use of the 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.financepeer.com 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 Website or the thirty party owner of such IPR.
13. Report Abuse Policy
13.2 For any reporting in respect of the aforesaid, the User should contact the Website at email@example.com
13.3 If a feedback comment or any communication made between Users and the Website or email communication between Users in relation to transactions conducted on the 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.
13.4 The 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.
14. Feedback,Information and Customer Service
14.1 The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
14.2 The Website may at its discretion, also make any modifications or changes to the Website and its content on the basis of such feedback or information.
14.3 In the event that the 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 Website or Products listed therein.
14.4 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 Website for the feedback under any circumstances.
14.5 If you want to make a complaint about GAJJU you can email firstname.lastname@example.org with brief details of your complaint and your account reference. We will then investigate and send you an initial response within five working days.
15. Applicable Law
16. Dispute Resolution
16.2 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.
17. Jurisdictional Issues
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.18. General Provisions
GAJJU shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by GAJJU, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, GAJJU shall have the right to remove any material that GAJJU, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
20. License Grant
By posting communications on or through this Site, User shall be deemed to have granted to GAJJU a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
21. Payment Details
You agree, understand and confirm that the payment details provided by you for availing of services on GAJJU will be correct and accurate and you shall not use payment methods which are un-lawfully owned by you, thus you must not pay or attempt to pay for services using fraudulent credit card information. You further agree and undertake to provide the correct and valid credit card details to GAJJU. Further the said information will not be utilized and shared by GAJJU with any third parties unless required for fraud verifications or by law, regulation or court order. GAJJU will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.
22. Fraud Checks
GAJJU reserves the right to recover the cost of Service(s) and Product(s), collection charges and lawyers’ fees from persons using the Site fraudulently. GAJJU reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.