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Terms & Conditions

This document/agreement is an electronic record in terms of the Information Technology Act, 2000 and is published by the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, which provides for the due diligence to be exercised by Chinmay is owned and operated by Chinmay Finlease Limited (hereafter referred to as the “Company”). The Mobile App/Website by Chinmay (Chinmay Finlease Limited) provides its services subject to the conditions mentioned below. Before you use the Mobile App/Website, you must read and accept all of the terms and conditions, and link to, these Terms and Conditions (T&C) and the Privacy Policy. We strongly recommend that, as you read the T&C, you also access and read the linked information, since it is incorporated into and, hereby, made part of these T&C. These T&Cs are effective upon acceptance. Use of any functionality of the Mobile App/Website constitutes acceptance of these T&Cs. As used herein, “Users” shall mean anyone who uses or accesses the Mobile App/Website on any computer, mobile phone, tablet, console or another device (collectively, “Device“) If these T&C conflict with any other documents, these T&C will prevail for the usage of this Mobile App/Website. If you do not agree to be bound by these T&Cs and the Privacy Policy, you cannot use the Mobile App/Website in any way.


Definitions

  • “Application or App.” shall mean Chinmay, the mobile application designed, created, and developed by the Company for providing the Services.

  • “Company” or “we” shall mean Chinmay Finlease Limited, a company incorporated under the Companies Act, 2013 having its registered office at 2nd & 3rd Floor, House 14, Times Corporate Park, Opp Copper Stone, Thaltej, Ahmedabad 380059. 

  • “Customer(s)” or “you” or “End-Users” shall mean any person who accesses, downloads, uses and views the Platform and the Services.

  • “LENDER” shall mean a Chinmay, non-banking financial company (NBFCs) or Banks with whom the Company has tied up for loan sanction, which would sanction, process and grant the Loan to the Customer(s), through the Platform.

  • “Loan” shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by LENDER, subject to the applicable terms and conditions of the Loan Agreement.

  • “Loan Agreement” shall mean the loan agreement to be executed between LENDER and the Customer(s) for granting the Loan whether in physical or electronic form as may be applicable from time to time.

  • “Online Stores” shall mean Windows Store, Android Google Play, iOS App Store or any other online store or portal where the App will be made available by the Company to the End-Users, from time to time.

  • “Outstanding Amount(s)” shall mean the Loan, interests and charges due and payable by you to LENDER, on the respective due date(s).

  • “Platform” shall mean the App and the Website collectively.

  • “Services” shall mean the services of granting, sanctioning, and lending of short-term loans, through the Platform by

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LENDER.

“Third-Party Platforms” shall mean social networking platforms, such as Facebook, Instagram, LinkedIn, Twitter and other similar platforms.

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“User Data” shall mean any data, information, documents or materials submitted with the Company before or during the use of the Services.

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“Website” shall mean chinmayfinlease.com designed, managed and operated by the Company for the provision of Services.

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Services

You recognize and admit that the Company reserves the right to track your location (“Track”) during the provision of Services, and also if you stop, cease, or discontinue to use or avail the Services, through deletion or uninstallation of Mobile App or otherwise, till the event that your duties to pay the Outstanding Amount(s) to LENDER exist. Deletion, discontinuation, or uninstallation of our Services, shall not release you from the responsibility, obligation and liability to repay the Outstanding Amount(s). LENDER may contact with your contact list in the case when outstanding Amounts are not paid on time and/or there is a lack of communication.

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The sanctioned Loan shall be disbursed as per the mode provided in the Mobile Application Form. You are obligatory to repay the Outstanding Amount(s) to LENDER, on the particular due date(s) mentioned in the Mobile Application Form.

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Through the Services, you may apply for the Loan, subject to the accomplishment of the eligibility criteria laid down in the Mobile App. You understand that the Company has been appointed by LENDER to collect, authenticate, track your location, verify and confirm the User Data, documents and details as may be required by LENDER to sanction the Loan.

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You admit and accept that you shall be solely responsible for all the activities that happen under your User Account while availing of the Services. You accept that the Company shall not be responsible and liable for any claims, damages, or disputes arising out of the use or misuse of the Services. By usage of the Services, you shall be exclusively responsible for maintaining the privacy of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.

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LENDER authorizes the Company to collect and store the User Data through the mobile application form (“Mobile Application Form”) available on the Platform. To avail of the Services, you are mandatory to register with the Company by logging in through your Third-Party Platforms (“User Account”). During the Application process, you shall be required to share and upload the User Data on the Mobile Application Form. User Data shall include personal information including but not limited to your name, gender, date of birth, mobile number, photograph, mobile phone information, e-mail address, passwords, including contact numbers, call logs, SMS, and browsing history, data and login credentials of Third-Party Platforms, financial information such as bank documents, bank statements, PAN card, bank account no., salary slips, data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details (“Personal Information”).

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By proceeding with this loan application, you hereby provide your explicit consent for Chinmay Finlease Limited to access, verify, and use your PAN information for the purpose of processing your loan application and fulfilling regulatory requirements. This information will be handled in accordance with our privacy policy.

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You agree that the Personal Information shall always be correct, accurate and comprehensive. As part of the Services, you authorize us to import your details and Personal Information dispersed over Third-Party Platforms. You realize and admit that we may periodically request updates on such Personal Information and we may receive such updated information from Third-Party Platforms.

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The User Data provided during the registration is stored by the Company for your accessibility. You are not required to log in to your User Account, every time, to use or access the Platform. You admit and accept that by accepting these Terms, you authorize us to use, fetch and track the User Data, including but not limited to your Personal Information, for authentication and any updates with regards to your credentials.

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You admit and accept that you are exclusively responsible for the competence of the electronic devices and the internet connection, you selected to run the Platform. The Platform’s process or the Services on your electronic device is subject to the availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.

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Refund & Cancellation Policy:

Any additional payment made by You shall be refunded back within 7 working days pursuant to the reconciliation of the accounts by Chinmay. There will be no cancellation of the service once You have received the loan amount in Your bank account.

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License

Scope of License: You may download, install, access or use the App through the Online Stores on/from mobile phones, tablets or any other electronic devices.

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License to use the App: To use the Services, you are mandatory to download and install the App. For this purpose, you represent and permit that you are of the age of majority as per the applicable laws to which you are subject and are capable to understand, enter into, and comply with these Terms. The Company grants you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to download, install and use the App. The App. is licensed and not sold to you and shall only be used as per these Terms.

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Updates/Upgrades: We may launch new updates or upgrades for the App., you may subscribe to the same through the Online Stores. In the event, you choose not to update or upgrade the App, certain features or functionality shall not be available to you.

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Maintenance & Support: You admit that while the Company may, at its sole discretion, provide maintenance and support for the App from time to time, the Company shall have no specific obligation whatsoever to furnish such services to you.

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Restrictions

You agree not to: use the Platform or the Services for committing fraud, misuse, money laundering, or for any unlawful and/or illegal purposes; to duplicate, copy, sell, resell, reproduce or exploit any portion of the App; post, upload, email, transmit or otherwise make available any content that is harmful, threatening, unlawful, abusive, tortuous, harassing, defamatory, obscene, libellous, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise offensive through the Platform; use the Platform to harm or injure any Third-Party; imitate any person or entity, on the Platform; forge passes or otherwise manipulate identifiers to disguise the origin of any content transmitted through the App; upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of service relationships or under nondisclosure agreements); Email, transmit, upload, post or otherwise make accessible on the Platform, any content that infringes any trademark, patent, trade secret, copyright or other proprietary rights of any party; email, transmit, upload, post or otherwise make available on the Platform, any unsolicited or unauthorized advertising, promotional materials, “spam,” “junk email”, “chain letters,” “pyramid schemes,” or any other form of solicitation; email, transmit, upload, post, or otherwise make available on the Platform, 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 equipment regarding telecommunications; disrupt the normal flow of or otherwise act in a manner that negatively affects other user’s ability to engage in real time exchanges; interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, events, policies or protocols of networks connected to the Platform; intentionally or unintentionally violate any applicable local, state, national or international laws and any regulations having the force of law.
 

Proprietary Rights Of The Company

You understand, admit and agree that the Company is the sole owner of all rights, titles and interest, including any intellectual property rights in the logo, tradenames, brand name, platform, services, Content, designs and any necessary software used in connection with the Platform.


There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by the Company or otherwise. By displaying them on the Platform, the Company is not giving way you any license to utilize the proprietary logos, service marks, or trademarks. Any unauthorized use of the same may violate applicable intellectual property laws.


You admit and accept that the Platform is owned by the Company. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, or title, from the Company to you or any Third-Party, in the Platform. You are entitled to avail of the Services offered by the Company during the validity of your registration with the Company.


Third-Party Advertisement

The Platform may also contain third-party advertisements if any. The display of such advertisements does not in any way indicate an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall self-sufficiently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no accountability for any interaction between you and the relevant Third-Party and is released from any liability arising out of or in any way connected with such interaction.


The Platform provides these links to you as a ease only and the inclusion of any link does not imply any confirmation of the Linked Website by the Company. Your access or use of such Linked Website is entirely at your own risk. The Company shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to these terms and conditions of that respective Linked Website


Auxiliary Services

You may get access to chat, feedback, blogs, reviews and other features (“Auxiliary Services”) that are/may be accessible from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not (nor cause any Third Party to) use these Ancillary Services to perform any illegal activities (including without limitation abusing, defaming, stalking, harassing, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity. Additionally, the Platform may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. the Company does not endorse the accuracy or reliability of any such advice/opinions/ and statements. You may rely on these, at your sole risk and cost. You shall be responsible for independently verifying and evaluating the accuracy, completeness, reliability and usefulness of any opinions, services, statements or other information provided on the Platform. All information or details provided on the Platform shall not be interpreted or relied upon as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. The Company may, at its discretion, update, edit, alter and/or remove any information in whole or in part that may be available on the Platform and shall not be responsible or liable for any subsequent action or claim, resulting in any loss, damage and or liability. Nothing contained herein is to be construed as a recommendation to use any product or process, and the Company makes no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.


Termination

The Company reserves its rights to terminate these Terms in the event: you breach any provision of these Terms;

the Company is required to do so under law; or

the Company chooses to discontinue the Services being offered or discontinue to operate the Platform;

the license granted to use the App expires; of non-payment of Outstanding Amount(s).

The Company reserves its right to Track you, even when you have uninstalled the App or even after termination of these Terms until all your responsibilities, including but not limited to the payment of the Outstanding Amount(s) in subsistence.
 

Upon termination of these Terms, the rights and licenses granted to you under these Terms shall cease to exist, and you must immediately stop using the Platform and the Services and repay the Outstanding Amount(s). Anyhow anything contained in these Terms or otherwise, the termination of these Terms for any reason whatsoever, shall not affect your responsibilities, including but not limited to repayment of the Outstanding Amount(s).


Content Available

You admit that the Company makes no representations or warranties about the data, factual and info, such as data files, text, proofs and figures, code, computer software, audio files or other music/sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of the Services, or through your use of the Platform. Under any circumstances, shall the Company be liable in any way for any Content, including, but not limited to any intrude on Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted/transmitted, linked from, or otherwise accessible through or made available via the Platform. The Content on the Platform should not be observed as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products/schemes of the Company (including its affiliates) unless expressly covered in these Terms.


Disclaimer Of Warranties

You expressly know and agree that: your use of the Services and the Platform is at your sole risk. The Services and the Platform are provided on an “as is” and “as available” basis. The Company specifically disclaims all warranties of any kind, whether express or including, implied, but not limited to the implied warranties of merchantability, suitability for a particular purpose and non-infringement. any material downloaded or otherwise attained through the access or use of the Platform, is at your discretion and risk and you will be exclusively responsible for any damage to your computer system, electronic data or loss of data that results from the download of any such material. no advice or information, whether verbal or written, obtained by you from the Company, for the Services or through the Platform shall create any warranty not expressly stated in these Terms. The Services are intended for personal, non-commercial use. You shall be solely responsible for the use, misuse, or improper usage of the Services and the Platform. The Company shall not be accountable for any damages accruing out of the use of the Services which have not been expressly stipulated under these Terms. the Company makes no warranty, including implied warranty, and expressly disclaims any obligation, that: (a) the Contents are and will be complete, Exhaustive, accurate or suitable to your requirements; (b) The Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Platform or Services will be accurate or reliable.


Cover

You agree to Cover/indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any Third-Party due to or arising out of (i) your violation of these Terms; (ii) your violation of any rights of other users of the Platform; (iii) your use or misuse of the Platform or the Services; (iv) your violation of applicable laws.


Limitations Of Liability

You explicitly understand and agree that the Company, including its directors, officers, employees, representatives or the service provider, shall not be accountable for any 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 the Company has been advised of the possibility of such damages), resulting from; (a) use or the inability to avail the Services (b) inability to use the Platform (c) failure or delay in providing the Services or access to the Platform (d) any performance or non-performance by the Company (e) any damages to or viruses that may infect your electronic devices or other property as the result of your access to the Platform or your downloading of any content from the Platform and (f) server failure or otherwise or in any way relating to the Services.


Privacy Policy

The Personal Information uploaded/collected/shared for the provision of Services has been comprehensively covered in our privacy policy (“Privacy Policy”). Our Privacy Policy is available Here.


Change

The Company reserves the right to change, substitute, remove, modify, suspend or update these Terms or any information thereof at any time by posting the updated Terms on the Platform. Such changes shall be effective immediately upon such posting. Continued use of the Services or the Platform, after making the changes, shall be considered to be your acceptance of the revised Terms.


Force Majeure

Without warning the prior, under no circumstances shall the Company be held liable for any damage, harm, loss or loss of services of Platform, due to deficiency in the provision of the Services resulting straight or circuitously from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, computer equipment failures, internet failures, telecommunication equipment failures, change in applicable regulations, including Reserve Bank of India regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.


Law And Jurisdiction

This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws. Parties further agree that the courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction over such disputes.


Miscellaneous

Entire Understanding: These Terms, along with the Loan Agreement, Mobile Application Form and Privacy Policy, constitute the entire understanding between you and the Company about the Services. Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to availing of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.


Violations

Please statement any violations or complaints about these Terms to the Company at info@chinmayfinlease.com
 

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