Terms And Conditions

TERMS AND CONDITIONS

These terms & conditions are applicable to the customer and user (hereinafter referred as “user/you/your”) who avail or intend to avail services from GMoney Private Limited (hereinafter referred as “GMoney/we/us”) and/or its affiliates/group companies including by using its mobile application namely “GMoney Lite” and “GMoney health card” and using the website www.gmoney.loans and www.gmoney.in hereby you agree to be bound by these terms.

This document /T&C/ agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This agreement is published in accordance with the provisions of Rule 3 of Information Technology (Intermediaries Guidelines) 2011. If you do not agree to these T&C, you may not use the services. If the terms & conditions is not acceptable to you, please inform us in writing and stop using the services by uninstalling mobile application namely “GMoney Lite” and “GMoney health card” from your electric gadgets.

You understand and acknowledge that GMoney owns and operates the abovementioned application and website for the purpose of providing a platform for persons/user to register for obtaining loans from Financial Institutions.

1. LICENSE AND WEBSITE/APPLICATION ACCESS

You acknowledge and agree that GMoney owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated as confidential by GMoney and that you shall not disclose such information without GMoney`s prior written consent. The contents of the Website, including its “look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are owned/ licensed by/to GMoney and/or its third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.

GMoney grants you a limited license to access and make use of the Website, application the Services and ancillary services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party or to create a derivative work from, modify, reverse engineering, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Any unauthorized use by you shall terminate the permission or license granted to you.

2. ELIGIBILITY

You declare and confirm that you are resident of India, above 18 (Eighteen) years of age and have the capacity and authorised by the person on behalf of whom you availing services and ancillary services to contract as specified under the Indian Contract Act 1872, while availing the Services and ancillary services offered by the GMoney.

You agree not to use the website/application for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. GMoney may, at its sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the website/application or the availability of the website/application itself.

3. SERVICES

You hereby confirm to register with us to avail a loan / credit from one or more Lending Partners using the services provided by GMoney and other product and services offered by GMoney or any other third party on application/website. The application is not a credit card, smart card, stored value card, charge card etc. and is used only for the purpose of identification and authentication of the User while offering products or services, providing Loan from its Lending Partner, and other benefits of GMoney or any other third party being the User of GMoney Application.

You hereby understand that every time when you wish to make a payment on your behalf using this application, you will be provided with online loan terms and conditions. Upon clicking “I Accept” you and your successors/ heirs/ executors will be bound by the terms of the loan. You understand and agree that GMoney may charge you a non-refundable administrative fee or a technology usage fee for facilitating the loan to be availed by you and you agree to pay the same.

You hereby understand and acknowledge that the information requested from you is used for the various purposes including for the purposes of us/our partners complying with various laws, regulations and guidelines (including Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards / Combating of Financing of Terrorism (CFT) / Obligation of banks under the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time. You further acknowledge that if you do not provide the requested information to GMoney, GMoney or its partners will be unable to provide or continue its/their services to you.

You confirm that all information given to GMoney (whether in online form or otherwise) is true, correct and not misleading. You agree to provide any additional documents to GMoney or any of its partners as may be required from time to time.

You hereby understand that when you apply for a Loan, GMoney on behalf of one or more Lending Partners, may check your records, amongst other things, with its own records, and any information as available to GMoney through any of its sources, including those at credit information companies (CICs); those at fraud prevention agencies (FPAs) for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.

You also agree that if you avail any loans through GMoney, you shall not (i) use the proceeds thereof for any purpose other than as declared to GMoney or its Lending Partners, (ii) accept or attempt to receive the credit facility in the form of cash or any other means, (iii) use the Services in violation of applicable law or (iv) circumvent or attempt to circumvent the provisions of any terms that apply to you or act in a manner that is fraudulent, malicious or otherwise prejudicial to GMoney’s reputation direct or indirect interests in relation to the Services.

The Lender also has the right, and obligation, to report your details to CICs in the event that you have delayed repaying your loan instalment. You acknowledge that GMoney does not lend any money directly to you, but arranges the loan for you from one or more Lending Partners.

You understand and agree that GMoney credit limit provided to you is our assessment of your eligibility based on various factors including policies of our Lending Partners, the market influences and our previous experiences which can be reduced/cancelled any time without giving any prior intimation or reasons at the sole discretion of GMoney. You understand and acknowledge that interest rates may vary across different Lenders, borrowers and loans.

While we strive to be accurate in our assessment of your eligible credit limit, you must acknowledge that the final decisions regarding the loan/credit being provided to you is taken by our Lending Partner. You agree to not hold GMoney liable if any Lending Partner does not make credit available to you.

4. COMMUNICATIONS

Accepting these Terms, implies your express consent to be contacted by us, representatives, affiliates or anyone calling on our behalf at any contact number or physical or electronic address provided by you while registering with GMoney. You further agree to us contacting you in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre-recorded messages or artificial voice, and notifications sent via our mobile application/website. You also acknowledge that you understand the English language and are most comfortable receiving communications in the English language.

The User agrees to receive communication through emails, telephone, and/or SMS from GMoney or its third party vendor /business partner/ marketing affiliates regarding the Services or products updates information/product announcements. In this context you agree and gives consent to receive all communication at the mobile number provided by you, even if that mobile number is registered under DND/NCPR list under TRAI regulations and for that purpose you further authorise GMoney to share/disclose the information to any third party service provider or any affiliate, its group companies, authorised agents.

In our endeavor to effectively deliver the Services, we take your explicit consent to access your emails (registered with us) for the specific purpose of reading emails relevant to the Services, including bank statements, to access your records in connection with your loan application. To the extent required for provision of the Services, any password-protected document will be accessed via automated means, by utilizing information provided by you to automatically generate passwords in order to safely access such documents.

5. PRIVACY

You hereby acknowledge, understand and consent to the terms contained in GMoney’s Privacy Policy which you have duly read and fully understood. You acknowledge, agree and give consent to GMoney that GMoney and its officers, employees, service providers and agents may use, store, process, disclose, transfer (whether within or outside India) and / or exchange your information (including personal data) in accordance our Privacy Policy.

You hereby authorise and permit GMoney to disclose, from time to time, any information on or relating to you with any of its subsidiaries or affiliates or to any governmental authority, statutory authority, judicial authority or credit bureaus, associated partners, Lenders, Financial Institutions whether in India or any other jurisdiction, or Reserve Bank of India or third party or GMoney’s consultants, advisors or service providers as provided in GMoney’s Privacy Policy, without requirement for any further consent from you.

You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of GMoney’s website or application either by Yourself or by anyone using Your password and login information (with or without Your permission).

You acknowledge that our lending partners reserve the right to reject your application for any facility without assigning any reasons whatsoever without any intimation to you.

6. LIMITATION OF LIABILITY

The User expressly understand and agree that GMoney (including its subsidiaries, affiliates, directors, officers, employees, representatives and service providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if GMoney has been advised by User of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website/app), or (ii) any use of the Website/app or content, or (iii) unauthorised access to or alteration of User’s data or (iv) the performance or non-performance by us or any service provider, even if GMoney have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your digital gadgets or other property as the result of your access to the Website/app or your downloading of any content from the Website/app.

GMoney has no control over the third party services which would be provided to you through its Website/app. You acknowledge and agree that under no circumstance GMoney shall be liable for your using of the services offered or provided by any third party service provider.

7. INDEMNITY

You agree to indemnify and hold GMoney (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to breach of this T&C, or violation of any law or the rights of any third party by you.

You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge GMoney, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Release”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which User ever had, now have, or in the future may have against the Release with respect to the Services.

8. EXPRESS CONSENT

The usage of App/website may also require you to provide consent for uploading your Personal Identification Information (“PII”) (including but not limited to eAadhar/Aadhar XML/ copy of Aadhaar card, PAN card, driving license, voter ID, financial information etc.), as may be necessary to process your application for registration. Any PII which requires to be uploaded is required for enabling hassle-free, faster and paperless (to the extent possible) processing of application(s). User, whilst providing his/her details or documents expressly consent to GMoney (including its service provider/business partner) to authenticate or verify such PII submitted by You, through the creation of images of such documents including retaining of such images for business purposes.

You expressly give consent to GMoney (including its service provider/business partner) to share Your PII or created images of documents to third parties for providing you better product and services. You hereby authenticate and expressly consent GMoney to share your PII with third party service provider to authenticate or verify you at its sole discretion.

9. ASSIGNMENT

You will not assign or otherwise transfer your rights or obligations under these Terms. GMoney may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to me.

10. DISPUTE RESOLUTION AND GOVERNING LAWS & JURISDICTION

You agree that any claims, disputes or differences arising out of or in connection with this T&C will be resolved in accordance with Arbitration rules laid down under Arbitration and Conciliation Act, 1996 and modification or amendment affected thereafter from time to time. The Arbitration shall be conducted in English language only and the venue for arbitration shall be Mumbai. The award passed by the sole Arbitrator shall be final and binding on the parties to this Agreement and expenses of arbitration shall be borne in such a manner as the Arbitrator may decide.

You agree that this T&C shall be governed by and construed in accordance with the laws of India, as applicable. The adjudication of any dispute shall be the exclusive jurisdiction of the courts of Mumbai, India.

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