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Terms and Conditions (T&C) – Digital Lending Terms and Conditions (T&C) – Digital Lending

DIGITAL LENDING TERMS & CONDITIONS

Adani Digital Labs Private Limited ( “ADL”, “we”, “our” or “us”) is acting as an intermediary for making available loans in nature of personal loans and any other similar product (together “Lending Services”) to its users (“Users” or “you”), on Adani One (including sub-domains, microsites and mobile application), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Adani One platform”) in collaboration with our lending partners, if any, and any platform engaged by lending partner from time to time (collectively, “Lenders”). A list of our Lenders is provided in Annexure I. These Digital Lending Terms and Conditions (“Terms”) constitute a legally binding agreement made between you and ADL, concerning your access to and use of the Lending Services. You agree that by availing the Lending Services, you have read, understood, and agree to be bound by: these Terms; the Privacy Policy available at https://www.adanione.com/privacy-policy. These terms and conditions shall be read in part and parcel with the terms and conditions of the Adani One Platform available at: https://www.adanione.com/terms-and-conditions.

IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE LENDING SERVICES AND YOU MUST DISCONTINUE USING THE SAME IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Adani One platform from time to time and are hereby expressly incorporated herein by reference. We reserve the right, in our discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of such updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Lending Services after the date such revised terms are posted.

1. DEFINITIONS

In these Terms, capitalized words not already defined shall have the following meaning:

Credit Information Companies/CIC

TransUnion CIBIL Limited (Formerly Credit Information Bureau (India) Limited), Equifax Credit Information Services Private Limited, Experian Credit Information Company of India Private Limited, CRIF High Mark Credit Information Services Private Limited or any other credit information companies which has been granted a certificate of registration by Reserve Bank of India (RBI).

Credit Information

Any information relating to (i) the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted, by a credit institution to any User; (ii) the nature of security taken or proposed to be taken by a credit institution from any User for credit facilities granted or proposed to be granted to him; (iii) the guarantee furnished or any other non-fund based facility granted or proposed to be granted by a credit institution for any User; (iv) the credit worthiness of any User as a borrower of credit institutions; or (v) income and/or expense details of any User and any other matter which the Reserve Bank of India may, consider as credit information.

Data

Personal information, including sensitive personal information (as defined under Data Protection Laws) about you, which we collect, receive, or otherwise process in connection with your use of our Lending Services and as more specifically set out in clause below.

Data Protection Laws

Any applicable law in India for the time being in force relating to the processing of Data.

KYC

Documents under the ‘know your customer’ guidelines issued by the Reserve Bank of India and shall include address proof, identity proof, income proof, PAN or such other officially valid documents.

REGISTRATION

Eligibility

  • To avail Lending Services on our Platform you must:
  • be at least 18 years of age;
  • be a citizen and tax resident of India and not resident of any other country;
  • not be barred from or otherwise legally prohibited from accessing or availing the Lending Services or any other service of ADL;
  • be capable of entering into a contract/legally binding agreement;
  • avail the Lending Services and any loan proceeds only for legitimate purposes and not use the Lending Services and any loan proceeds for any illegal or prohibited purposes.
  • If you do not meet our eligibility requirements, you may not be able to avail the Lending Services.
  • We reserve the right to refuse access to or to discontinue Lending Services to any person or entity, at any time for any reason.

Credentials and Security

To avail and access the Lending Services, you shall have an active account on the Adani One (“Membership Account”). Your phone number will be used to access the Adani One (“Credentials”). We treat all activities under a Membership Account to be those of the registered User. User shall avail the Lending Services only through their own Membership Account and not on behalf of any other person or entity. You shall update registration information linked to the Membership Account promptly upon any change and ensure that it is complete and accurate at all times. You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or Credentials. You should not disclose your Credentials to any third party. You are responsible for all losses relating to an unauthorized transaction from your Membership Account and/or using your Credentials including but not limited to when you have acted fraudulently or failed, either intentionally or negligently, to use your Membership Account in accordance with these Terms, to protect your Credentials, or to notify us of any unauthorized transaction at: support@adanione.com. We will not be responsible for any unauthorized transactions undertaken through your Membership Account and/or using your Credentials.

User Representations

By using the Lending Services, you represent and warrant that:

  • all information you submit will be true, accurate, current, complete, and not misleading;
  • you will maintain the accuracy your information and promptly update such information as necessary; and you will not use the Lending Services for any illegal or unauthorized purpose.
  • In case of a breach of the representations in this Clause 2 (3) or of any other part of these Terms, we and/or our Lenders have the right to: suspend or terminate your use of Lending Services and take any such recourse, as available to us and/or our Lenders under applicable law.

OUR ROLE

Disclaimer & Disclosures

As a lending service provider, we only provide you the platform through which you can avail the Lending Services from the Lenders. It is clarified that we do not provide the loan and/or under the Lending Services to the User and our Lenders are the entities registered with RBI and authorized to provide the relevant loan and/or credit under the Lending Services. Lending Services including but not limited to approval, issuance, extension and closure shall be subject to and governed by the Lender’s terms and conditions available at https://www.kreditbee.in/terms-and-conditions, loan agreement, loan application form, privacy policy and/or any other documents accepted or executed by the you as part of the loan processing process (“Loan Documents”).The Loan Documents shall govern the borrower and lender relationship between you and the Lender. The Lender will share these documents through email/SMS with you and/or will make it available on the Lender’s website/app. We may also make some of the documents/information available on the Platform as per your consent and/or the information provided by the Lender. We shall not take any responsibility or be held liable in any manner whatsoever for the Lending Services being offered by the Lenders on the Platform or any acts or omissions of the Lender or any other person (other than ADL acting on behalf of the Lender. We have no role in determining the KYC procedure, credit analysis, sanction/approval/rejection of the loan and it shall be at the sole discretion of the Lender. The sanction/approval of loan shall be subject to credit analysis, completion of KYC requirement, execution of Loan Document by the User to the satisfaction of the Lender. We will not mediate disputes between you and any Lender or enforce or execute the performance of any Loan Documents. We have no role in collection or maintaining loan security. Any security provided for gold loans shall be directly provided by you to the Lenders. The disbursal amount basis the loan security shall be determined solely at the Lender’s discretion. On the termination/expiry of the loan against security it shall be your responsibility to ensure that you follow the Lender’s specified process for releasing the loan security in your favour once you clear your dues. We will not be responsible if any loan security is lost, damaged, not returned or sold by the Lender. We will not mediate disputes between you and any Lender or enforce or execute the performance of any Loan Documents. We may receive fees or commission from the Lender for providing the Lending Services to the Lender or making the Adani One Platform available to the Lender. We may also charge a fees or commission to the User for Lending Services provided to the User or when we are acting as a facilitator to the User or carrying out the instructions of the User. We will endeavour to provide the Lending Services on a best effort basis, and do not guarantee, represent or undertake that the Lending Services will be available all times, to all Users or will be free of any errors or defects. We shall not be held liable for any interruptions in providing the Lending Services. Further, Users’ access to the Adani One platform or Membership Account for availing Lending Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

Disbursement

On completion of entire loan application process including but not limited to KYC procedure, credit analysis, acceptance of Loan Documents, setting up of eNach or any other method for repayment and/or payment of fees/charges, the Lender shall disburse the loan amount directly into the bank account of the User or the final third-party beneficiary (example, relevant merchant).

Usage And Sharing of Data

You understand that based on Data (including but not limited to name, age, address, PAN, identity documents or other data collected with your consent) and other information (including but not limited to transaction value/volume through the Adani One platform and information in your existing Membership Account) available with us, you may be shown indicative loan offers. It is not a commitment from us and/or the Lenders to provide any loan/credit Lending Services. You agree and acknowledge that for undertaking the Lending Service, we (or the Lender) may seek additional Data or other information from you which you are obliged to give, for ascertaining eligibility for availing the loan and processing your application under the Lending Services. You agree that we may share your existing as well as any additional Data and other information including KYC details/documents, bank account details, and/or transaction value/volume with our group entities/Lenders/third party entities or Credit Information Companies for the purpose of fulfilling the Lending Services. You agree and understand that the KYC procedure may be carried out by the Lenders through any permissible means including through Central KYC Records Registry, DigiLocker, Aadhar based offline or online KYC, Video KYC and/or Digital KYC or a combination of permissible means as per applicable laws, and consent to the Lender carrying out the KYC procedure. You further authorize the Lender to share loan related information including but not limited to loan amount, loan agreement, disbursal, repayment, collection, and any other information from time to time with us. You further authorize us to access your loan related information and use the information to send notifications on the Adani One platform and/or to provide Adani One services from time to time. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us. You may also be required to provide one time access to your location, mobile camera, device id or select other security access keys or credentials that may be used to enable your access to the Lending Services and authorize transactions. You agree and understand that basis your consent we and/or the Lenders (as applicable) shall pull your Credit Information from CICs, for the purpose of assessing your credit worthiness. The Lender shall use, collect, verify and process the Credit Information received from CICs or from other sources for the purpose of the credit checks and processing of loan application.

TERM AND TERMINATION

Term.

These Terms commence on the date that you apply to or avail Lending Services on the Adani One platform from any of the Lenders. These Terms shall continue unless and until terminated in accordance with the provisions of this Clause 4.

Termination

You may initiate termination of these Terms by contacting us at support@adanione.com. We may terminate the provision of the Lending Services and these Terms, for any reason at any time without written notice to you. Further, we may suspend your access to Adani One Platform and block access to your Membership Account and deactivate it under the following circumstances:

  • you have violated the terms of these Terms;
  • you provide or have provided false, incomplete, inaccurate, or misleading information or otherwise engaged in fraudulent or illegal conduct;
  • we have security concerns regarding your Membership Account, including your Credentials; or
  • we suspect unauthorized or fraudulent use of your Membership Account.

In such cases we will inform you of the deactivation of your Membership Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Membership Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation to our satisfaction.

Effect of Termination

Upon termination of these Terms for any reason:

Your existing relationship with any Lender (including any Loan Documents executed between you and the Lenders) will continue in accordance with the terms as determined by the Lenders;

you will remain liable to the Lenders for all re-payment obligations including any interest, charges, penalties and other obligations that have been incurred by you with respect to your use of Lending Services;

your access to the Platform will be terminated and your Membership Account will be deactivated.

Survival

Clauses 3 (Our Role), 4.3 (Effect of Termination), 5 (Communications), 6 (Intellectual Property), 7 (Indemnity and Limitation of Liability) and 8 (Miscellaneous) of these Terms shall survive and remain in effect upon the termination of these Terms.

COMMUNICATIONS

We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of our Platform and the Lending Services, you consent to receiving communications including SMS, WhatsApp, e-mail or phone calls from us with respect to your use of the Lending Services.

INTELLECTUAL PROPERTY

  • ADL, its licensors and their respective affiliates, as the case maybe, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of ADL and its affiliates. The Users shall not use the Intellectual Property in any manner whatsoever without our prior written consent. Users shall not, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
  • All material on the Adani One platform is protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without our prior written consent, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

INDEMNITY AND LIMITATION OF LIABILITY

Indemnity

You shall indemnify and hold harmless ADL and its affiliates, and their respective officers, directors, agents, employees and representatives, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:

  • your use of Lending Services;
  • breach of your representations, warranties, or obligations set forth in these Terms;
  • any dispute or litigation caused by your actions or omissions;
  • your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party;
  • any unauthorised transaction using your Credentials under the Lending Services.

Release

You hereby expressly release ADL its affiliates and/or any of their directors, officers, employees, agents and representatives from any direct or indirect cost, damage, liability or other consequence of any actions or omissions of any Lender and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.7.2.2 We and our affiliates are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any Lenders, or assume any liability for the actions or omissions, the content of their marketing materials, websites or other sales channels and any other third-parties.

MISCELLANEOUS

Disclaimer of Warranties

THE LENDING SERVICES AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO LENDING SERVICES OR THE PLATFORM INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELIABILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE LENDING SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE LENDING SERVICES. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LENDING SERVICES.

APPLICABLE LAW

The laws of India without regard to the principles of conflict of laws will govern these Terms and any dispute of any kind that may arise between you and ADL.

SEVERABILITY

If any of the terms and conditions of these Terms shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of these Terms.

ASSIGNMENT

You may not assign or transfer any rights, obligations, or privileges that you have under these Terms without the prior written consent of us and our Lenders. Subject to the foregoing, these Terms will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of these Terms will be deemed null and void. We shall have the right to assign these Terms without your prior consent or intimation to you.

WAIVER

Our waiver of any breach of these Terms by any User will not constitute a waiver of any other prior or subsequent breach of these Terms. Our failure to insist upon strict compliance with the provisions of these Terms by any User will not be deemed a waiver of any rights or remedies that we may have against that or any other User. We may waive compliance with these Terms in our sole discretion.

ENTIRE AGREEMENT

These Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on the Platform.

LEGAL ACTION

Nothing contained in these Terms will limit us or our affiliates in the exercise of any legal or equitable rights or remedies.

GRIEVANCE REDRESSAL

The User may reach out to us for any complaints/queries/issues in relation to the loan at the below mentioned details:

Name: Minizes Thomas, General Manager – Customer Experience

E-mail ID: support@adanione.com

We shall endeavour to resolve any such complaints/queries/issues in coordination with the Lenders. We may have to direct the User to the Lenders for resolutions of some of the complaints/queries/issue. Alternatively, the User may reach out to the Lenders for any complaints/queries/issues as per details mentioned in the Loan Documents.