Terms and Conditions for use of the Website and Mobile Application
Booth Fintech Advisors Private Limited, whose registered office is at 8, Siri Fort Road, New Delhi -110049 (ÒCompanyÓ), is the owner of the website, www.InstaPaisa.com (ÒWebsiteÓ) and herein after shall be referred to as ÒInstaPaisaÓ or ' ÔusÕ or ÔweÕ. As a user (ÒUserÓ) of this Site, the User understands that InstaPaisa is an online platform providing access between multiple Users in the form of lenders, borrowers, service providers etc. with a view to facilitate lending and borrowing activities between the Users.
The Website and Mobile Application is an online platform bringing together borrowers and lenders willing to abide by the Terms & Conditions herein. InstaPaisa is merely a facilitator providing an online platform for borrowers in need of loans from lenders and lenders willing to disburse loans to borrowers. InstaPaisa merely facilitates a transaction of borrowing and lending between two such persons. InstaPaisa 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. InstaPaisa 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.
The User of this Website and Mobile Application unequivocally declare and agree and that the User is a natural / legal person who has attained the age of atleast 21 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the services of the Website and Mobile Application in accordance with the terms and conditions detailed herein after and have agreed to become a paid member of this Website and Mobile Application and whose membership fee is not in arrears. In case, InstaPaisa chooses not to charge any fee for the services provided in the Website and Mobile Application, by registering on the Website and Mobile Application, the User hereby undertakes to agree and abide by the Terms and Conditions detailed hereinafter.
If the User violates any of these Terms & Conditions, or otherwise violate an agreement entered into through the medium of the Website and Mobile Application, InstaPaisa may terminate the Users membership, delete his/her profile and any content or information posted by the User on the Website and Mobile Application and/or prohibit the User from using or accessing the Website and Mobile Application at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 21.
3. Acceptance of Terms and Conditions
As a User of this Website and Mobile Application you have agreed to the Terms and Conditions that InstaPaisa has provided hereunder or anywhere else in this Website and Mobile Application including but not limited to disclaimers on this Website and Mobile Application. You are advised to read and understand the said Terms and Conditions and in case you do not wish to agree to these Terms and Conditions, please refrain from using the Site. The Website and Mobile Application is an online platform providing Users registered on the Website and Mobile Application with access to data base of lenders and borrowers. The information is also shared with third party verification agencies and collection agencies etc. InstaPaisa in no manner indulges in the activities of lending or borrowing. InstaPaisa 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. InstaPaisa is a service provider facilitating the access between person 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 or borrowers. InstaPaisa as a service provider merely facilitates the borrowers to have access to lenders registered on the Website and Mobile Application. Further, InstaPaisa provides support to both lenders in verifying the financial capabilities of the borrower.
4. Your Account
If you use the Website and Mobile Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer 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 with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in ÔdashboardÕ area of the Website and Mobile Application after you log-in or by writing to us at email@example.com. InstaPaisa reserves the right to refuse access to the Website and Mobile Application, terminate accounts, remove or edit content at any time without notice to you. The right to use this Website and Mobile Application is personal to the User and is not transferable to any other person or entity. InstaPaisa shall not be responsible for any data lost while transmitting information on the internet.
By using this Website and Mobile Application as a User you hereby represent that you are of legal age to form a binding contract as per the laws prevalent in India for the time being in force. You hereby also represent that you more than 21 years of age. The User also unequivocally agrees to provide true, accurate, current and complete information about as sought by the registration form of the Website and Mobile Application. Upon InstaPaisa gaining knowledge of having any reasonable suspicion that the information provided by you is wrong, inaccurate or incorrect, InstaPaisa shall immediately terminate your account without any notice to you in this regard. You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to InstaPaisa terminating your account and appropriate civil and criminal remedies will be sought against you as provided under the laws of India
Your personal information as User of this Website and Mobile Application shall not be shared by InstaPaisa to any unrelated third parties without your consent. However, in case any such information is required to be shared with a third party as directed and authorized by law or court order or any such authority legally allowed to ask for such information, InstaPaisa will be at liberty to share such information. You will be duly informed of such disclosure at the time.
5. License and Site Access
InstaPaisa grants you a limited license to access and make personal use of the Website and Mobile Application, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of InstaPaisa and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this Website and Mobile Application 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. This Website and Mobile Application or any portion of this Website and Mobile Application (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 InstaPaisa and / or its affiliates, as may be applicable. Any unauthorized use of the Website and Mobile Application shall terminate the permission or license granted by InstaPaisa.
6. Monitoring of the Website and Mobile Application and your account
InstaPaisa has the right and liberty to monitor the content of the Website and Mobile Application at all times which shall include information provided in your account. The monitoring of the Website and Mobile Application is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Terms and Conditions mentioned herein InstaPaisa shall also have the liberty to remove any objectionable content which is in contravention of the Terms and Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
7. Limitation of Liability
Notwithstanding anything to the contrary contained herein, neither InstaPaisa 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 and conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless InstaPaisa, 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 Website and Mobile Application.
As a User you also acknowledge that InstaPaisa has maintained and carried out all possible checks and balances to assure the credibility of a lender or a borrower as listed on the Website and Mobile Application. The information provided on the Website and Mobile Application is based on the information that is provided to InstaPaisa. In case the User does not disclose any information to InstaPaisa, and the same is not found out at the first instance by InstaPaisa despite all measures adopted to certify the ratings or credibility of a lender or a borrower, InstaPaisa shall not be responsible for any claims or liabilities. InstaPaisa in any event is not responsible for any default in return of money that is borrowed from the lender and the lender shall have the exclusive right to initiate proceedings against the defaulter borrower. InstaPaisa shall to the best of its abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, InstaPaisa shall not be responsible for any default on behalf of the User. InstaPaisa is an information platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined in the Website and Mobile Application.
InstaPaisa 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 Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, InstaPaisa 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 Site; and/or any interruption or errors in the operation of the Website and Mobile Application. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. 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, trojan horses and other items of a destructive nature.
You agree to indemnify, save, and hold InstaPaisa, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, 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 and Mobile Application, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. InstaPaisa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify InstaPaisa, including rights to settle, and you agree to cooperate with InstaPaisaÕ defense and settlement of these claims. InstaPaisa 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 this Agreement.
You acknowledge thatInstaPaisa is a platform bringing lender and borrowers together and the Website and Mobile Application is not engaged in either grant of loan or borrowing any money from any member of the Website and Mobile Application. You acknowledge that the grant or receiving of loan is entirely based on the negotiations between the lender and the borrower and InstaPaisa or its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners does not have any interest in either grant of loan or in borrowing money from a User registered on the Website and Mobile Application. You acknowledge that InstaPaisa will not be responsible for any claim or damage in case either the lender agreeing to grant loan does not do the same or a borrower agreeing to borrow the loan does not repay the loan. InstaPaisa in no manner warrants or guarantees the performance of a service provider that is providing services through the Website and Mobile Application. You acknowledge that InstaPaisa in no manner guarantees that the lender or the borrower has provided all the information on this Website and Mobile Application 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 Website and Mobile Application and InstaPaisa is in no manner liable if the information provided on this Website and Mobile Application is untrue or incorrect. You acknowledge that InstaPaisa 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 about his financial status or commits a fraud or a cheating or any other such illegal act.
10. Applicable Laws
Your use of this Site and any Term and Conditions stated in this policy is subject to laws of India. In case of any disputes arising out of the use of the Website and Mobile Application, Courts of Delhi will have exclusive jurisdiction.
Users have complete authority to file a complaint/ share feedback if they are disappointed by services rendered by InstaPaisa. They can give their complaint/ feedback in writing or by way of an email to the following:
8 Siri Fort Road, New Delhi - 110049
12. Terms related to your use of Yodlee's service on the InstaPaisa webstite -
Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the service only on 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.
Content You Provide And Is Derived by Use of the Service. You are licensing to InstaPaisa ("Company") and its service providers, including Yodlee (ÒService ProviderÓ), any information, data, passwords, materials or other content (collectively, ÒContentÓ) you provide through or to the service. Company and Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you. Company and Service Provider 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, Company and Service Provider may use the Content for the purposes set out above. As between Company and Service Provider, Company owns your confidential account information.
Third Party Accounts. By using the service, you authorize Company and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Company and Service Provider a limited power of attorney, and you hereby appoint Company and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COMPANY AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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. COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM 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.
COMPANY AND SERVICE PROVIDER MAKE 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 COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER COMPANY OR 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; (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; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
Indemnification. You agree to protect and fully compensate Company and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You agree that Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Agreement.
I/we hereby irrevocably agree and allow and give my/our express consent to InstaPaisa and its financing partner (Lender) either directly or through its authorized representative / agent to procure and access my / our information such as PAN number and Bank account details and obtain / generate my/our CIBIL, Experian and Hunter report for credit assessment purposes and such other purpose as the Lender/InstaPaisa may in its discretion deem fit.