Insta Cash Privacy Policy
These terms and conditions (“Terms & Conditions”)
govern the use of our mobile application – “InstaCash” (“App”) (App shall
collectively be referred to as “Platform”).
At-Rajendra Nagar,
wireless gali, Pin code-854321 in Chhapra, Bihar, India
As a user (“User” or “You”) of the
Platform, You understand that InstaCash is a technology platform providing
access between multiple Users in the form of consumers, financial institutions,
data partners and other partner lenders, service providers etc. with a view to
facilitate lending and borrowing activities, including providing other
financial products to the Users facilitated through the Platform.
It is hereby clarified that the term
“User” shall mean any person using the Platform i.e. consumers, financial
institutions, regulated entities, data partners and other partners. Your use of
this Platform implies that You have read, understood and agreed to abide by
following, disclaimer, terms & conditions (“Terms & Conditions”).
Please read these Terms & Conditions
carefully before accessing or using our Platform or any part thereof. By
accessing or using any part of the Platform, You agree to be bound by these
Terms & Conditions. If You do not agree to all the terms and conditions,
then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY US.
These Terms and Conditions form a
legal and binding agreement between the User and Us and is made pursuant to the
terms of the Information Technology Act, 2000.
1. GENERAL
The Platform provides access to an online
technology platform bringing together consumers, financial institutions, data
partners and other partners willing to abide by the Terms & Conditions
herein.
InstaCash merely facilitates a
transaction between two such persons (i.e. Users).y InstaCash 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.
InstaCash is a technology service
provider facilitating the access between people willing to lend and Users in
need of borrowings. It is pertinent to note that the final decision as regards
lending and borrowing is subject to the choice of the respective Users in their
respective capacities as lenders / borrowers / users of other financial
products as set out in the Platform.
In addition to the foregoing, InstaCash
a lso provides certain other services with respect to data analytics subject to
these Terms & Conditions.
In the event You wish to avail any of
the products displayed on the Platform, You will be required to provide certain
information and our representatives.
a. Facilitating provision of small
term loans to Users through various banks, NBFCs and other financial service
providers who are partnered with InstaCash;
b. Assisting its Users to obtain a
small term loan or other financial products from various banks who are
partnered with InstaCash;
c. Assisting its Users to obtain
their credit report through authorized agents partnered with InstaCash. InstaCash
will monitor and update the credit report obtained by the customer through the
use of the Platform as and when InstaCash such report from the authorized
agents;
d. Provision support to the Users in
verifying the financial capabilities of Users;
e. Provision of a social score based
on User’s Facebook, Twitter, Linkedin or any other social media accounts that
are linked with the User's account on the Platform.
f. In the event You have registered
Your phone number on the ‘Do Not Disturb’ registers with Your network provider,
You shall ensure to take all steps to enable the Company’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 complaint with the relevant
authorities for the same.
For the provision of the above-mentioned
Services, InstaCash will be using and sharing the information of the User with
multiple financial institutions and other parties, as may be required for the purpose
mentioned above and InstaCash shall 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 accessible at <Privacy
Policy>
2. ELIGIBILITY
The User of this Website
unequivocally declares and agrees that in case of an individual, the User is a
natural / legal person who has attained the age of at least eighteen (18) years
and is legally allowed to enter into a contract in India. The User is allowed
to utilize the Services in accordance with these Terms & Conditions. If the
User violates any of these Terms & Conditions, or otherwise violates an
agreement entered into through the medium of the Website / App,InstaCash may
terminate the User’s membership, delete his/her profile and any content or
information posted online by the User on the Platform or prohibit the User from
using or accessing the Platform at any time in its sole discretion, with or
without notice, including without limitation if L InstaCash believes that User
is under the age of 18 years.
3. ACCEPTANCE OF TERMS AND CONDITIONS
As a User of this Platform, You have
agreed to the Terms & Conditions provided hereunder or anywhere else on
this Platform including but not limited to disclaimers on this Platform.
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 refrain from using the Platform or any
part thereof.
InstaCash reserves the right, at its
sole discretion, to change, modify, add or remove portions of these Terms &
Conditions, at any time without any prior written notice to the User. It is the
User’s responsibility to review these Terms & Conditions periodically for
any updates/ changes. User’s continued use of the App or Website following the
modification of these Terms and Conditions will imply the acceptance by the
User of the revisions.
4. YOUR ACCOUNT
If You wish to use the Platform, You
are required to maintain an account on the Website or App, as the case may be,
and You will be required to furnish certain information and details, including
Your name, email id, contact number and any other information deemed necessary
by InstaCash or its lending partners for the purpose of accepting Your
eligibility for the financial products offered on our Platform through various
regulated financial institutions.
You are responsible for maintaining
the confidentiality and security of Your account, password, activities that
occur in or through Your account and for restricting access to Your computer or
mobile, as the case may be, to prevent unauthorized access to Your account. You
agree to accept responsibility for all activities that occur under Your account
or password. You should take all necessary steps to ensure that the password is
kept confidential and secure and should inform us immediately if You have any
reason to believe that Your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details You
provide Us are true, correct, accurate and complete. Upon InstaCash gaining
knowledge of having any reasonable suspicion that the information provided by
You is wrong, inaccurate or incorrect, InstaCash shall immediately terminate
Your account without any notice to You in this regard. In the event of any
changes to the information shared by You after registering Yourself on the
Platform, You shall be responsible for forthwith notifying the said changes to
Us. You can access and update most of the information You provided us on the
‘dashboard’ area of Your account after You log-in or by writing to Us at indiamoneyinfocus.com. The right to use this Platform is
personal to the User and is not transferable to any other person or entity.
You shall at all times abide by the
Terms and Conditions stated herein and any breach of these conditions may also
lead to InstaCash terminating Your account and appropriate civil and
criminal remedies will be sought against You as provided under the laws of
India.
5. PRIVACY
InstaCash collects certain
information from You in order to provide the Services. Loan Rupay use of Your
personal information is governed in accordance with the Privacy Policy located
at <Privacy Policy>
6. LICENSE AND ACCESS
InstaCash grants You a limited,
non-transferable and revocable license to access and use the Platform or any
part thereof for availing the Services, but not to download any material from
it (other than page caching) or modify it, or any portion of it, except with
express written consent of InstaCash and / or its affiliates, as may be
applicable. Any unauthorized access to the Platform (or any part thereof) or
any networks, servers or computer systems connected to Platform and any attempt
to modify, adapt, translate or reverse engineer any part of the Platform or
re-format or frame any portion of the pages of the Platform, save to the extent
expressly permitted by these Terms & Conditions, is not permitted.
This license is non-transferable and
does not permit any resale or commercial use of this Platform or its contents;
any downloading or copying of account information for the benefit of anyone
other than Your use; or any use of data mining, robots, or similar data
gathering and extraction tools. The Platform or any portion of the Platform
(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 InstaCash and / or its affiliates, as
may be applicable. Any unauthorized use of the Platform shall terminate the
permission or revoke the license granted by InstaCash.
You are permitted to use content
delivered to You through the Service only for the Service. You may not copy,
reproduce, distribute, or create derivative works from this content. Further,
You agree not to reverse engineer or reverse compile any of the Service
technology, including but not limited to, any Java applets associated with the
Service.
7. MONITORING OF THE PLATFORM AND
YOUR ACCOUNT
InstaCash always has the right and
liberty to monitor the content of the Platform or any part thereof which shall
include information provided in Your account. The monitoring of the Platform 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, InstaCash shall
also have the liberty to remove any objectionable content which is in
contravention of the Terms & Conditions or any applicable laws in force in
India or share such information with any governmental authority as per
procedures laid down by the law for the time being in force in India.
8. SERVICE SUSPENSION
InstaCash may wish to stop providing
the Services and may terminate use of it at any time without giving notice of
termination to You. Unless InstaCash Informs the User otherwise, upon any
termination, (a) the rights and licenses granted to You in these Terms and
Conditions will end; and (b) User must stop using the Platform or any part
thereof forthwith. InstaCash reserves the right to suspend or cease providing
any Service and shall have no liability or responsibility to the User in any
manner whatsoever.
9. PROHIBITED USES
In addition to other prohibitions as
set forth in the Terms & Conditions, You are prohibited from using the
Platform: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate Your use of the Service or any
related website for violating any of the prohibited uses.
10. LIMITATION OF LIABILITY AND
DISCLAIMER OF WARRANTIES
Notwithstanding anything to the
contrary contained herein, neither InstaCash 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 Terms & Conditions. To the maximum extent
permitted by law, You waive, release, discharge and hold harmless InstaCash,
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 the Platform / Website
/ App.
As a User, You also acknowledge that InstaCash
has maintained and carried out all possible checks and balances to assure the
credibility of the Users as listed on the Platform. The information provided on
the Website / App is based on the information that is provided to InstaCash by
its Users. In case the User does not disclose any information to InstaCash, and
the same is not found out at the first instance by InstaCash, InstaCash shall
not be responsible for any claims or liabilities. InstaCash in any event is not
responsible for any default in return of money that is borrowed from the
financial partners and the financial partners shall have the exclusive right to
initiate proceedings against the defaulter borrower. InstaCash shall to the
best of its abilities aid the concerned User in terms of provision of
information to initiate any legal proceedings. However, InstaCash shall not be
responsible for any default on behalf of the User. InstaCash is merely an
information technology platform and the User is entitled to conduct its own
diligence before taking any steps to initiate the processes outlined on the
Platform or any part thereof.
InstaCash 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 the Website / App or that the
operation of the Website / App will be error free and/or uninterrupted.
Consequently, InstaCash assumes no liability whatsoever for any monetary or
other damage suffered by You on account of the delay, failure, interruption, or
corruption of any data or other information transmitted in connection with use
of the Website / App; and/or any interruption or errors in the operation of the
Website / App. This limitation of liability clause shall prevail over any
conflicting or inconsistent provision contained in any of the documents /
content comprising these 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.
YOUR USE OF THE SERVICE AND ALL
INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)
INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOAN RUPAY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL
INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)
INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. INSTACASH FURTHER MAKES
NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY
ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TEZ LOAN THROUGH OR FROM THE SERVICE WILL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU FURTHER AGREE
THAT NEITHER TEZ
LOAN OR
THIRD PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR
ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS
OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE / PLATFORM; (ii) THE COST OF GETTING
SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;
EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH
DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. THE MAXIMUM
LIABILITY OF LOAN RUPAY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO
THE COMPANY FOR THE SERVICE.
11. INDEMNITY
You agree to indemnify, save, and
hold InstaCash, its affiliates, contractors, employees, officers, directors,
agents and its third party associates, licensors, and partners harmless from
any and all claims, demands, losses, damages, and liabilities, costs and
expenses, including without limitation legal fees and expenses, arising out of
or related to Your use or misuse of the Services or of the Website or App or
Platform, any violation by You of these Terms & Conditions, or any breach
of the representations, warranties, and covenants made by You herein or Your
infringement of any intellectual property or other right of any person or
entity, or as a result of any threatening, libelous, obscene, harassing or
offensive material posted/ transmitted by You on the Website / App. InstaCash reserves
the right, at Your expense, to assume the exclusive defense and control of any
matter for which You are required to indemnify InstaCash, including rights to
settle, and You agree to cooperate with InstaCash defense and settlement of
these claims. InstaCash 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. This paragraph shall survive
termination of these Terms & Conditions.
12. ADVERTISERS/ THIRD PARTY LINKS ON
THE PLATFORM
InstaCash accepts no responsibility
for advertisements contained within the Platform or any part thereof. InstaCash
has no control over and accepts no responsibility for the content of any
website or mobile application to which a link from the Platform or any part
thereof exists. Such linked websites and mobile applications are provided “as
is” for User’s convenience only with no warranty, express or implied, for the
information provided within them or the veracity thereof. Loan Rupay does not
provide any endorsement or recommendation of any third-party website or mobile
application to which the Platform or a part thereof provides a link. Further,
You consent and agree that the Content provided in the Website and the App
shall be synced and shall be available in both mediums.
13. USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at InstaCash's request, You send
certain specific submissions (for example contest entries) or without a request
from Us, You send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), You agree that We may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that You forward to Us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
You agree that Your comments will not
violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that Your
comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than Yourself, or otherwise
mislead Us or third-parties as to the origin of any comments. You are solely
responsible for any comments You make and their accuracy. We take no
responsibility and assume no liability for any comments posted by You or any
third-party.
You are licensing to InstaCash and
its service providers, any information, data, passwords, materials or other
content (collectively, “Content”) You provide through or to the Service. Company
and service provider of Company may use, modify, display, distribute and create
new material using such Content to provide the Service to You. We may also use,
sell, license, reproduce, distribute and disclose aggregate, non-personally
identifiable information that is derived through Your use of the Service. By
submitting Content, You automatically agree, or promise that the owner of such
Content has expressly agreed that, without any particular time limit, and
without the payment of any fees, Loan Rupay and its third party service
provider may use the Content for the purposes set out above. As between InstaCash
and third-party service providers, the Company owns Your confidential account
information.
14. ACKNOWLEDGEMENTS
You acknowledge that InstaCash is
merely a technology platform bringing Users together and that InstaCash is not
engaged in either grant of loan or borrowing any money or assistance for any
financial products from any member using the InstaCash Platform. You
acknowledge that the use of the financial products is entirely based on the
negotiations between the Users and third party and neither InstaCash nor its
affiliates, contractors, employees, officers, directors, agents and its
third-party associates, licensors, and partners have any interest with regard
to any financial products assistance procured by or to a registered User. You
acknowledge that InstaCash will not be responsible for any claim or damage in
case of use of the financial products. InstaCash in no manner warrants or guarantees
the performance of a third-party service provider that is providing services
through the Website / App. You acknowledge that InstaCash in no manner
guarantees that the Users have provided all the information on this Website /
App which is true and correct including his address, phone numbers etc. You
acknowledge that it is Your responsibility to verify the information about the
person on the Platform and InstaCash is in no manner liable if the information
provided on this Website / App is untrue or incorrect. You acknowledge that
India Money is in no manner responsible for any claim of money or damages in
the event one person fails to either grant loan or a person fails to repay the
loan or misrepresents his financial status or commits a fraud or cheating or
any other such illegal act.
15. APPLICABLE LAWS
Your use of this Platform and any
Term & Conditions stated in this agreement is subject to laws of India. In
case of any disputes arising out of the use of the Platform or any part
thereof, Courts of Gurugram will have exclusive jurisdiction.
16. Cancellation & Refund Policy
As a data service platform, we will
provide your personal credit report to the loan products you initiated to
improve your loan opportunities. But we cannot ensure that you get a loan. When
we generate a credit report for you, we believe that the service will be
completed and you will not be able to request a refund for any reason. As an
APP user, you must not claim compensation or refund from the platform on the
ground that you have not obtained a loan. You have the right to cancel the
repayment in the InstaCash, you can cancel directly in the APP.
17. GRIEVANCES
Users have complete authority to file
a complaint/ share feedback if they are disappointed by services rendered by InstaCash
through the Platform or any part thereof. They can give their complaint/
feedback in writing or by way of an email to the following:
Grievance Officer
Blendy Ron
Smartrupee@gmail.com
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