This Terms
and Conditions document is an electronic record in terms of the Information
Technology Act, 2000 and rules there under in force, and the provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000 from time to time. 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 require
publishing the rules and regulations for access or usage of the internet
resource www.rapidrupee.in (https://rapidrupee.in/) as well as RapidRupee mobile application platform and
any other application or software run under the brand name “RapidRupee”
(hereinafter referred to as the “RapidRupee”).
PLEASE READ THESE TERMS AND CONDITIONS (“T & C”)
CAREFULLY. BY ACCESSING THE www.rapidrupee.in (“RAPIDRUPEE
PORTAL”) OR USING RAPIDRUPEE SERVICES (INCLUDING MOBILE APPLICATION), YOU AGREE
TO BE BOUND BY THE (1) THESE TERMS AND CONDITIONS, AND (2) RAPIDRUPEE PRIVACY
POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS RAPIDRUPEE
PORTAL OR USE RAPIDRUPEE SERVICE (INCLUDING MOBILE APPLICATION).
THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR
REFERENCE PURPOSES ONLY.
YOU MAY PRINT A COPY OF THIS TERMS AND CONDITIONS FOR
YOUR RECORDS.
1. GENERAL
RapidRupee provides access to an online platform bringing together
consumers, financial institutions, data partners and other partners willing to
abide by the Terms and Conditions herein.
In the event You wish to avail any of the products displayed on RapidRupee
(“Services), You will be required to provide certain information and our
representatives may contact You through phone or email to understand Your
requirements.
For the provision of RapidRupee services, RapidRupee will be using and
sharing the information of the User with multiple financial institutions and
other parties, as may be required for the purpose of the products and AFG may
also run multiple credit checks to be able to get the best available offers to
suit the needs of the Users.
The collection, storing, use and transfer of information shared by the
User shall be governed in accordance with the Privacy Policy.
2. COMPANY INFORMATION
AFG BUSINESS SOLUTIONS (INDIA) PRIVATE LIMITED (hereinafter referred to
as “us”, “we”, or “AFG”, or “Company”) is the licensee of RapidRupee technology
and RapidRupee Portal in the Indian territory and is responsible for
maintaining RapidRupee Portal and providing for the technical support for the
same.
AFG is a company registered under the Companies Act, 2013 and having its
registered office at UNIT NO.611,RELIABLES PRIDE,ANAND NAGAR,OPP HEERA PANNA,
JOGESHWARI (W),MUMBAI,400102. Tel No.: 022-5002-3220
AFG is not an organization registered with the Reserve Bank of India and
does not hold any license to engage in any activities relating to lending or
borrowing. AFG is not a Financial Institution under the Companies Act, 2013 or
the Banking Regulation Act, 1949 or any other laws for the time being in force in
India. AFG is also not a deposit taking company or a chit fund or a company
offering any investment schemes as per the rules and regulations for the time
being in force in India.
AFG is a service provider facilitating the access between financial
institutes and non-banking finance companies (“Lending NBFC”) willing to lend
and person in need of borrowing.
The final decision as regards lending and borrowing is also subject to
the choice of the respective Users in their respective capacities as lenders / borrowers
/ users of other financial products as set out in RapidRupee.
“Lending
NBFC” is responsible for the Loan and other facilities provided through RapidRupee.
3. ELIGIBILITY
The User of RapidRupee unequivocally declares and agrees that
a) The User is a natural / legal person who has attained the age of at
least 18 years and is legally allowed to enter into a contract in India.
b) The User is allowed to utilize the Services in accordance with the T
& C detailed hereinafter.
4. TERMS OF USE
Your use of RapidRupee is subject to the following terms of use:
4.1. The content of RapidRupee is for your general information and use
only. It is subject to change without notice. Unauthorised use of this RapidRupee
may give rise to a claim for damages and/ or be a criminal offence.
4.2. The service statements on RapidRupee are for general description
purposes only. The information contained in RapidRupee should not be viewed as
an offer to sell or as a solicitation to purchase any of our Services.
Furthermore, not all Services are available in every state or country.
4.3. Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on this RapidRupee for any
particular purpose. You acknowledge that such information and materials may
contain inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
4.4. RapidRupee may contain links to other third party sites. Such sites
will contain their own separate terms and conditions. Your access to and use of
these interactive sites may require acceptance of these separate terms and
conditions.
4.5. You agree to use RapidRupee only for lawful purposes. You agree not
to take any action that might compromise the security of RapidRupee, render RapidRupee
inaccessible to others or otherwise cause damage to RapidRupee or the content
therein. You agree not to add to, subtract from, or otherwise modify the
content, or to attempt to access any content that is not intended for you. You
agree not to use RapidRupee in any manner that might interfere with the rights
of third parties.
4.6. To improve the
responsiveness of the website for our users, we may use “cookies”, or similar
electronic tools to collect information to assign each visitor a unique, random
number as a User Identification (User ID) to understand the user's individual
interests using the identified computer. Our partners may also assign their own
cookies to your browser, a process that we do not control.
4.7. We make no warranties or representations about any content of
RapidRupee. AFG is not responsible to you or anyone else for any damages of any
kind, including (but not limited to) any direct or consequential loss and
losses resulting from security failure, disclosure of confidential information
by other parties or the transmission of a computer virus, suffered in
connection with the use of RapidRupee. Your use of any information or materials
on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or
information available through RapidRupee meet your specific requirements.
4.8. All materials herein and all RapidRupee software are proprietary to
AFG and protected by worldwide copyright and other intellectual property laws.
Except as stated herein, none of the materials may be modified, copied,
reproduced, distributed, republished, downloaded, displayed, sold, compiled,
posted or transmitted in any form or by any means, including but not limited
to, electronic, mechanical, photocopying, recording or other means, without the
prior express written permission of the AFG.
4.9. Unauthorized use of RapidRupee may give rise to a claim for damages
and/or be a criminal offence.
4.10. Any violation of these T & C may result in legal liability
upon you. Nothing in these T & C should be construed to confer any rights
to any third party or any other person.
4.11. You acknowledge and agree that nothing in these T & C shall
have the effect of transferring the ownership of any copyrights, trademarks,
service marks, trade names or other proprietary rights in RapidRupee (website
or application) or any other Material or any part thereof to you or any third
party.
4.12. You hereby express your intent to know through telephonic calls,
or SMS on your mobile number mentioned in the application form or any other
alternate number of yours as well as in this undertaking, or through any other
communication mode, various loan offer schemes or loan promotional schemes or
any other promotional schemes and hereby authorize AFG and its employee, agent,
associate to do so. You confirm that laws in relation to the unsolicited
communication referred in “National Do Not Call Registry” (the “NDNC Registry”)
as laid down by Telecom Regulatory Authority of India will not be applicable
for such communication/calls/ SMS received from AFG, its employees, agents
and/or associates.
In the event You have registered Your phone number on any other ‘Do Not
Disturb' registers with Your network provider, You shall ensure to take all
steps to enable the AFG's representative's to contact You via phone to provide
details about different financial products and You shall ensure that such calls
received by You are pursuant to You providing Us with information and You shall
not register a compliant with the relevant authorities for the same.
4.13. You agree to allow AFG, on behalf of the Lender NBFC, to send you
payment reminders from time-to- time. You also agree that if you fail to pay an
amount owed to AFG or the Lender NBFC pursuant to this T & C or the Loan
Agreement, AFG may engage in collection efforts to recover such amounts from
you. These collection efforts may involve, inter alia, contacting either you
directly or any other contact details provided by you at the time of using
RapidRupee, submitting your information to a collection agency, or taking legal
action. Failure to pay may affect your credit score.
4.14. You acknowledge that the access to RapidRupee may from time to
time be unavailable, delayed, limited or slowed due to, among other things:
a) servers, networks, hardware failure (including your own computer),
telecommunication lines and connections, and other electronic and mechanical
equipment;
b) software failure, including among other things, bugs, errors,
viruses, configuration problems, incompatibility of systems, utilities or
applications, the operation of firewalls or screening programs, unreadable
codes, or irregularities within particular documents or other content;
c) overload of system capacities;
d) damage caused by severe weather, earthquakes, wars, insurrection,
riots, civil commotion, act of God, accident, fire, water damage, explosion,
mechanical breakdown or natural disasters;
e) interruption (whether partial or total) of power supplies or other
utility of service; strike or other stoppage (whether partial or total) of
labor;
f) governmental or regulatory restrictions, exchange rulings, court or
tribunal orders or other human intervention; or
g) any other cause (whether similar or dissimilar to any of the
foregoing) whatsoever beyond the control of AFG.
5. PROHIBITED USE
You will not use RapidRupee for any purpose that is unlawful or
prohibited by these T & C or by any domestic or international laws,
statues, ordinances and regulations.
You will not:
5.1. use RapidRupee except as
expressly provided in these T & C;
5.2. provide any third parties
with access to RapidRupee;
5.3. Use RapidRupee to post,
send, transmit or otherwise make available any unsolicited or unauthorized
email messages, advertising, promotional materials, junk mail, spam, or chain
letters;
5.4. remove any copyright,
trademark or other proprietary notices from any portion of RapidRupee;
5.5. reproduce, modify, prepare
derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted by RapidRupee;
5.6. decompile, reverse engineer
or disassemble RapidRupee;
5.7. cause or launch any programs
or scripts for the purpose of scraping, indexing, surveying, or otherwise data
mining any portion of the Services or unduly burdening or hindering the
operation and/or functionality of any aspect of RapidRupee or any other computer
system including by introduction of any virus, Trojan horses, worms, time bombs
or such material;
5.8. attempt to gain unauthorized
access to or impair any aspect of the Services or its related systems or
networks;
5.9. Re-sell, grant any rights to
third parties to RapidRupee, lease, time-share, lend or rent RapidRupee
5.10. use RapidRupee to host,
display, upload, modify, publish, transmit, update or share any information
that
a) belongs to any other person
and to which you do not have any right to;
b) is grossly harmful, harassing,
blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive
of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever;
c) harms minors in any manner
d) infringes any patent, trademark,
copyright or other proprietary rights;
e) violates any law which is in
force
f) deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature
g) impersonates another person
h) threatens 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
cognisable offence or prevents investigation of any offence or is insulting any
other nation.
6. USER REGISTRATION
6.1. You may use RapidRupee without registration however, to participate
in certain activities of RapidRupee you may be requested to create an account
or you can login any other third party service account permitted by RapidRupee.
In the event you wish to create an account with us you may do so by
completing the registration process and you agree to:
- provide true, accurate, correct
and complete information as prompted by the applicable registration form
- maintain and update true, accurate, correct and complete information
provided by you during the registration process.
6.2. You may be required to choose a password and user name. You are
solely responsible for maintaining the confidentiality of your password and
account. If at any time AFG believes that your account and password is being
misused in any manner, or that the information provided by you during the
registration process is not true, inaccurate or incomplete the AFG reserves the
right to cancel your account and block your access to Services.
6.3. You are entirely responsible for any and all activities that occur
under your account. You agree to notify the AFG of any unauthorized use of your
account or any breach of security. AFG will not be liable for any loss that you
may incur as a result of someone else using your password or account or your
failure to comply with this section.
6.4. By using RapidRupee, you authorize AFG, directly or through third
parties, to make any inquiries we consider necessary to validate your identity
and to collect information about you in accordance with our Privacy Policy.
This may include asking you for further information that will allow us to
reasonably identify you, requiring you to take steps to confirm ownership of
your email address or financial instruments, or verifying your information
against third party databases or through other sources. We may also ask you for
identifying documents to help us to validate your identity.
6.5. You agree to provide unconditional and absolute consent to AFG to
use and share the information provided by you in relation to RapidRupee. AFG
shall take all reasonable steps to ensure that the information received from
you is secure, and is accessible only to the relevant persons.
6.6.
RapidRupee may collects data and other information arising out of transactions
while using other services through the User's SMS inbox, after obtaining the
User's specific consent to allow the App to access the User's SMS inbox. RapidRupee
accesses all messages on your cell phone. The collection of such information is
only limited to the extent that such data is available in the relevant
messages. RapidRupee may also record the identity of the product or service and
the price or fee paid or payable in respect thereof.
We may reference
other sources of demographic and other information in order to provide you with
more targeted communications and promotions.
6.7. We use Google
Analytics, among others, to track the user behavior on our website and our mobile
application. Google Analytics specifically has been enabled to support display
advertising to help us gain an understanding of our users' Demographics and
Interests. The reports are anonymous and cannot be associated with any
individual personally identifiable information that you may have shared with
us. You can opt-out of Google Analytics for Display Advertising and customize
Google Display Network ads using the Ads Settings options provided by Google.
6.8.
RapidRupee automatically collect limited information about your device's
connection to the Internet, including your IP address, when you visit our website
or use RapidRupee Application. We automatically receive and log information
from RapidRupee Application and/or your browser including but not limited to IP
address, your device or computer's name, and your operating system, we may also
collect log information from your device, including but not limited to your
location, IP address, your device's name, device's serial number or unique
identification number (e.g. Android ID or ADID on your Android Device), your
device operating system, browser type and version, CPU speed, and connection
speed etc..
7. LIMITATION OF LIABILITY
7.1. Notwithstanding anything to the contrary contained herein, neither
AFG nor its affiliated companies, subsidiaries, officers, directors, employees
or any related party shall have any liability to You or to any third party for
any indirect, incidental, special or consequential damages or any loss of
revenue or profits arising under or relating to these T & C. To the maximum
extent permitted by law, You waive, release, discharge and hold harmless AFG,
its affiliated and subsidiary companies, and each of their directors, officers,
employees, and agents, from any and all claims, losses, damages, liabilities,
expenses and causes of action arising out of Your use of RapidRupee.
7.2. AFG in any event is not responsible for any default in return of
money that is borrowed from the Lender NBFC
7.3. AFG does not make any representations or warranties on behalf of
the financial service providers, banks or NBFCs partnered with AFG with respect
to the financial products / loans provided by such partners.
7.4. AFG makes no representations or warranties about the accuracy,
reliability, completeness, current-ness and/or timeliness of any content,
information, software, text, graphics, links or communications provided on or
through the use of RapidRupee. This limitation of liability clause shall
prevail over any conflicting or inconsistent provision contained in any of the
documents / content comprising this T & C.
8. COPYRIGHT
8.1.
All content included in or made available through the wesbite or any RapidRupee
Service, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, and data compilations is the property of AFG or its content
suppliers and protected by India and international copyright laws. The
compilation of all content included in or made available through the website or
any RapidRupee Service is the exclusive property of AFG and protected by India
and international copyright laws.
8.2. RapidRupee (including
RapidRupee logo), www.rapidrupee.in ,
and all related logos are trademarks, service marks, or licensed brands of AFG.
Other company, product, and service names and logos used and displayed on this website
may be trademarks or service marks owned by AFG or others. The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners. Nothing on this website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of the
trademarks displayed on this website, without our prior written permission in
each instance. You may not use, copy, display, distribute, modify or reproduce
any of the trademarks found on the website unless in accordance with written
authorization by us.
8.3.
We prohibit use of any of the AFG trademarks, service marks or licensed brands
as part of a link to or from any site unless establishment of such a link is
approved in writing by us in advance. Any questions concerning any AFG
trademarks, or whether any mark or logo is a AFG trademark, should be referred
to AFG.
9. APPLICABLE LAWS
9.1. Your use of RapidRupee and any T & C stated in this agreement
is subject to laws of India. Subject to the arbitration provision herein, the
courts at Mumbai, India shall have exclusive jurisdiction over any claims or
matters arising out of these T & C.
9.2. The Arbitration under this agreement shall be in accordance with
the provisions of the Indian Arbitration and Conciliation Act, 1996. The Award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this agreement shall be joined to an arbitration involving any other
party subject to this agreement, whether through class arbitration proceedings
or otherwise.
10. ENTIRE AGREEMENT
These T & C together with the other policies made available on the
website, as amended from time to time, constitute the entire agreement between
you and us. If any provision of these T & C or any policy are considered
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these T & C or any policy and shall not affect the
validity and enforceability of any remaining provisions.
11. CHANGES TO THE TERMS
We reserve the right to modify them at any time, and without actual
notice to you. All such changes to these T & C will appear on the website.
By using RapidRupee following any modifications to these T & C, you agree
to be bound by any such modifications to these T & C. If any changes to
these T & C are unacceptable to you, you must discontinue use of
RapidRupee. We reserve the right to suspend or deny, in our sole discretion,
your access to all or any portion of the website or application, including for
any violation of any provision of these T & C.
12. TERMINATION
We shall have the right immediately to terminate this agreement with you
and your use of RapidRupee if we determine in our sole discretion that you have
breached any of these T & C or otherwise been engaged in conduct which we
determine in our sole discretion to be unacceptable.
Feedback: We welcome feedback, comments and suggestions for improvements
to RapidRupee ("Feedback").
You can
submit Feedback by emailing us at care@rapidrupee.in