TERMS OF USE – Capsafe Fintech Private Limited

This document constitutes an electronic record under the Information Technology Act, 2000 and its relevant rules, including amendments that apply to electronic records across various statutes as amended by the Information Technology Act, 2000. It is generated by a computer system and does not necessitate physical or digital signatures. This electronic document is published in compliance with Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of rules, regulations, privacy policies, and Terms of Use governing access to or usage of the website www.capsafe.in.

The "Website" referred to as www.capsafe.in is owned by Capsafe Fintech Private Limited, a company established under the Companies Act, 2013. The company's registered office is located at Urbtech Trade Centre, 210 B Block, Block A, Sector 132, Noida, Uttar Pradesh 201304 India (hereafter referred to as the "Company").

By using the Website and its services and tools, you agree to be bound by the following terms and conditions ("Terms of Use"), including any applicable policies incorporated herein by reference. When you engage in transactions on the Website, you are subject to the policies applicable to such transactions. Your use of the Website constitutes a contractual agreement between you and Capsafe Fintech Private Limited , and these terms and conditions, along with the policies, represent your binding obligations with the Company. In these Terms of Use, "You" or "User" or "Customer" refers to any natural or legal person who has agreed to register on the Website as a borrower or user by providing registration data. The Company allows users to browse the Website or make purchases by registering as registered users or guest users using computer systems. References to "We", "Us", "Our", or "Company" shall denote Capsafe Fintech Private Limited .

When you utilize any services provided by us through the Website, such as Product Reviews or Response submissions, you are bound by specific rules, guidelines, policies, and terms applicable to those services. These terms are considered integral parts of our Terms of Use. We retain the right to modify, amend, add, or remove portions of these Terms of Use at our discretion, without prior notice. It is your responsibility to periodically review these Terms of Use for updates or changes. Your continued use of the Website following any such modifications constitutes your acceptance of the revised terms.

By accessing or using the Website in any manner, you indicate your agreement to abide by all the terms and conditions outlined in these Terms of Use. Please carefully read these terms before proceeding. By accepting these Terms of Use, either explicitly or implicitly, you also agree to adhere to our Company Policies, including our Privacy Policy, which may be updated periodically. If you agree to comply with these terms, you are granted a personal, non-exclusive, non-transferable, and limited privilege to access and use the Website.

1. Membership Eligibility

Access to the Website is restricted to individuals who are legally capable of entering into binding contracts under the Indian Contract Act, 1872. Individuals classified as "incompetent to contract" under this Act, such as minors or undischarged insolvents, are not permitted to use the Website. If you are under 18 years of age, you are considered a minor and therefore cannot register as a user or engage in transactions on the Company's Website. Minors seeking to use or transact on the Website must do so under the supervision of their legal guardians or parents.

The Company reserves the right to terminate your membership and deny access to the Website if it comes to our attention or if we discover that you are under the age of 18 years.

2. Your account and Registration obligations

To use the Services offered on the Platform, you must first register on the website. During registration, you will need to provide the Company with necessary details as outlined in our Privacy Policy, which may include your phone number, and create and verify an account ("Account"). When accessing the Website ( www.capsafe.in), it is your responsibility to maintain the confidentiality of your Display Name and Password. You are also accountable for all activities conducted under your Display Name and Password.

By using the Website, you agree that any information you provide must be accurate, current, and complete. If we have reasonable grounds to believe that the information provided is untrue, inaccurate, not current, or incomplete, or if it violates these Terms of Use in any way, we reserve the right to suspend, terminate, or block your membership on the Website indefinitely. This includes refusing access to the Website and its services.

Your mobile number and/or email address are essential identifiers on our Website. It's your responsibility to ensure these details are kept current. Please promptly update us through a one-time password verification on the Website if your mobile number or email address changes. If you fail to update this information and there is any misuse or activity under your display name, the Company cannot be held liable.

3. Services Offered

The company offers a loan facility through its website, providing a platform where borrowers can connect with lenders. This service allows users to purchase subscription plans to showcase their products or services via the digital platform promoted by its parent company, Capsafe Fintech Private Limited. Users can also access various other loans offered by lenders integrated into capsafe.in, such as personal loans and business loans. Subscription plans can be purchased on the Capsafe Fintech Private Limited website using various payment methods.

The sale and purchase of these services are governed by specific policies of the parent company, including return and cancellation policies, shipping and return policies, etc. Additionally, the company may offer or utilize third-party services, such as credit check services, and retrieve and use your information from third-party sites (e.g., bank sites, TransUnion, etc.) in conjunction with your chosen services ("ancillary services"). These services and ancillary services are provided on a commercially reasonable effort basis. By participating, you agree that availing these services is entirely at your discretion and with your consent.

User Customer Due Diligence

If you wish to avail of the credit facility to purchase services offered on the parent company's website, you agree and acknowledge that our Company may conduct client/customer due diligence measures and request mandatory information required for KYC purposes. As a customer, you are obligated to provide this information while we facilitate your loan, credit card, and other financial product requests with banks, financial institutions, or NBFCs, in accordance with the applicable Prevention of Money Laundering Act (PMLA) and its rules.

Our Company may gather sufficient information to establish, to its own satisfaction or that of the banks, financial institutions, or NBFCs, the identity of each new customer/user and determine the purpose of the intended relationship between you and the bank or financial institution. You agree and acknowledge that our Company may undertake enhanced due diligence measures (including providing documentation such as financial records, utility bills, entity registration, etc.) to meet customer due diligence requirements in compliance with the obligations under the applicable PMLA Act and its rules.

The user's submission of a loan application on the website does not constitute a commitment from the Company.

4. Communications on Website

By using the Website or sending emails, data, information, or other communications to us, you agree and understand that you are interacting with us through electronic records. You consent to receive communications from us electronically, periodically, and as necessary. We may contact you via email or other electronic or non-electronic means.

5. Charges

Membership on the Website is free for buyers and borrowers. The Company does not charge any fee for browsing the Website, except for certain plans, such as the lending facility to purchase subscription plans. The Company reserves the right to update its Fee Policy at any time. At its sole discretion, the Company may introduce new services or modify some or all existing services offered on the Website. In such cases, the Company reserves the right to implement fees for the new services or amend/introduce fees for existing services. Any changes to the Fee Policy will be posted on the Website and will become effective immediately upon being posted. Unless specified otherwise, all fees will be quoted in Indian Rupees (INR). You are solely responsible for complying with all applicable laws, including those in India, when making payments to the Company.

6. User Conduct and Rules on the Website

You agree, undertake, and confirm that your use of the Website will be strictly governed by the following binding principles:

a. You shall not host, display, upload, modify, publish, transmit, update, or share any information which:

• belongs to someone else and to which you do not have any rights,
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any way,
• is misleading in any manner,
• involves sending "junk mail," "chain letters," or unsolicited mass mailings, commonly known as "spamming",
• promotes illegal activities or behavior that is abusive, threatening, obscene, defamatory, or libelous
• infringes upon or violates any rights of third parties, including intellectual property rights, privacy rights (such as unauthorized disclosure of a person's name, email address, physical address, or phone number), or rights of publicity
• contains pages with restricted access requiring passwords, or hidden pages or images that are not linked to or from another accessible page
• provides instructions or information on illegal activities, such as making or purchasing illegal weapons, violating someone's privacy, or creating computer viruses
• contains videos, photographs, or images of another individual, whether a minor or an adult
• attempts to access the Website without authorization or surpasses authorized access to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or seeks passwords or personal identifying information from other users for commercial or unlawful purposes
• disrupts another user's ability to use and enjoy the Website, or interferes with any individual's use and enjoyment of similar services
• violates any current law or regulation
• threatens India's unity, integrity, defense, security, or sovereignty, its friendly relations with foreign states, public order, or incites the commission of any punishable offense, obstructs the investigation of any offense, or insults any other nation
• must be truthful, accurate, and not deceptive
• must not create liability for us or result in us losing the services of our internet service providers (ISPs) or other suppliers, either wholly or partially.

b. A user may be deemed fraudulent or cause financial harm to the business if any of the following situations occur:

• The user fails to respond to the payment verification email sent by the Company.
• The user does not provide sufficient documents during the verification of payment details.
• Using another user's phone number or email address inappropriately.
• The user provides an incorrect or invalid address, email, or phone number.
• Excessive use of a voucher code.
• Using a special voucher code that is not associated with the email ID used.
• The user declines to make payment for an order.
• Various activities conducted solely to cause financial loss or reduce revenue for the company.

c. You must not use the Website for unlawful or fraudulent purposes that may cause annoyance, inconvenience, or violate any of the Company's policies and rules. Your actions should not disrupt or impair the use of the Website by other users.

d. You must not use a fake email address, pretend to be someone else, or deceive the Company by providing multiple addresses and phone numbers or acting with dishonest intentions.

e.You must not use any "deep-link", "page-scrape", "robot", "spider", or any other automated tool, program, algorithm, or method, nor any similar manual process, to access, acquire, copy, or monitor any part of the Website or its Content. Additionally, you must not reproduce or bypass the navigational structure or presentation of the Website or its Content to obtain or try to obtain any materials, documents, or information through means not intentionally made available through the Website. We reserve the right to prevent any such activity.

f. You must not attempt to gain unauthorized access to any part or feature of the Website, or any systems or networks connected to the Website, or any server, computer, network, or services offered on or through the Website, by hacking, password mining, or any other illegitimate methods.

g. You must not falsely claim to be someone else or impersonate any individual or entity.

h. You must always comply fully with the applicable provisions of the Information Technology Act, 2000, and its rules, as amended from time to time, as well as all relevant domestic laws, rules, and regulations (including any applicable Exchange Control Laws or Regulations). Additionally, you must adhere to all relevant international laws, foreign exchange laws, statutes, ordinances, and regulations (including, but not limited to, Sales Tax/VAT, GST, Income Tax, Octroi, Service Tax, Central Excise, Customs Duty, and Local Levies) concerning your use of our service and your listing, purchasing, solicitation of offers to purchase, and sale of services. You must not engage in any transaction involving an item or service that is prohibited by any applicable law, including exchange control laws or regulations currently in force.

i. You are responsible for providing information about the services you intend to sell. You must ensure that all such information is accurate in every respect. You must not exaggerate or overstate the attributes of these services in a way that could mislead other users.

j. You must not advertise to or solicit other users of the Website to buy or sell any services, including those related to the services displayed on the Website or related to us.

k. The content posted does not necessarily represent the company's views. The company assumes no responsibility or liability for any content posted, nor for any claims, damages, or losses resulting from the use or appearance of content on the Website. You represent and warrant that you have all necessary rights to all content you provide and the information it contains, and that this content does not infringe on any proprietary or other rights of third parties, nor contain any libelous, tortious, or otherwise unlawful information.

l. The Company's cancellation policy allows you to cancel services purchased from the Company within a specified period. For details on canceling a purchased service, please refer to the "Cancellation Policy" available at www.capsafe.in.

7.You agree and understand that the approval of the credit facility is solely at the discretion of the financial institution/NBFC/company. It is also contingent upon your successful completion of KYC (Know Your Customer) requirements and the satisfactory verification of other documents by the financial institution/NBFC/company.

8. Without limiting the scope of the above, you agree and acknowledge that, for the purpose of assessing creditworthiness, the Company is authorized to obtain the following information: (a) from Credit Information Bureau (India) Limited (“CIBIL”) or any other regulator-authorized agency, information regarding the applicant(s), directors, officers, partners, affiliates, and any other individuals associated with the business for which this loan application is made; (b) from the Central KYC Records Registry, 'Know Your Customer' data of the applicant(s), directors, officers, partners, affiliates, and other individuals involved in the business on behalf of which the loan application is submitted, for verification purposes; (c) Goods and Service tax returns/data from relevant tax authorities of the applicant(s) and its affiliates, on behalf of which this loan application is made. To facilitate this process, you authorize the Company to act as your agent and receive the aforementioned data from third parties on your behalf.

9. You confirm that the credit facility obtained will be used exclusively for purchasing services from the company. To facilitate this purchase, you will sign a NACH (National Automated Clearing House) document, allowing the company to collect payments accordingly.

10. Contents Posted on Website

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively referred to as "User Content") are generated by third-party users. The company does not exert control over such third-party user-generated content but acts as an intermediary under these Terms of Use. By providing such content, you grant us worldwide, perpetual, and transferable rights to use the content or any of its elements. We may use the content for various purposes, including promotional and advertising activities, in any media now known or developed in the future, consistent with our Privacy Policy and applicable laws. You are permitted to utilize information about the services available on the Website for downloading, provided that you do so in a manner consistent with these terms.

• Do not delete any proprietary notice language from any copies of such documents.
• Please utilize this information solely for personal, non-commercial informational purposes, and refrain from copying or sharing it on any networked computer or broadcasting it through any media.
• Do not alter any of this information in any way.
• Do not provide any additional assurances or guarantees concerning those documents.

11. Disclaimer of Warranties and Liability

All services available to you through the company's website are provided on an "as is" and "as available" basis, without any express or implied representations or warranties, except where explicitly specified in writing. The company does not guarantee that the website will be continuously available, or available at all times, nor does it ensure that the information on the website is complete, true, accurate, or free from misleading content.

Services sold or rendered on the website are subject to various state laws. If the company is unable to deliver such services due to legal implications in different states, the company will either refund or credit the amount received in advance for the services that could not be provided to you.

When placing an order on the website, you must provide a valid phone number. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications for any order, shipment, or delivery-related updates. We will not use your personal information to initiate promotional phone calls or SMS messages.

12. Third Party Links

We do not take responsibility for the content of any pages outside of our website or any other websites linked to or from our website. If you choose to link to or from any external pages or websites, you do so at your own risk. We do not conduct examinations or evaluations, and we do not guarantee the offerings of external pages or websites linked to or from our website. We also do not assume any responsibility or liability for the actions, content, products, or services provided by such pages and websites, including their privacy policies and terms and conditions. It is advisable to carefully review the terms and conditions and privacy policies of all external pages and websites that you visit.

13. User Content

When you share User Content on the Website by transmitting, uploading, posting, emailing, or making it otherwise available, you bear full responsibility for that content. This User Content constitutes a submission as outlined in Section 9 above. We do not assume responsibility for User Content posted by third parties on the Website. You agree not to engage in, assist with, or encourage others to transmit, upload, post, email, or otherwise make available on the Website any User Content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have the right to make available under any law or under contractual or fiduciary relationships; (c) you know to be false, inaccurate, or misleading; (d) you received compensation for or were granted consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright, or other proprietary or intellectual property rights of any party.

Additionally, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional materials, including chain letters, mass mailings, or any form of spam. You also agree not to: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) engage in stalking or harassment, including advocating harassment of another, or harm any third party, including minors; (iii) forge headers or manipulate identifiers to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national, or international law; or (v) collect or store personally identifiable information about other users.

We do not endorse or control User Content transmitted or posted on the company's Website, and therefore, we do not guarantee its accuracy, integrity, or quality. By using this Website, you acknowledge that you may encounter User Content that is offensive, indecent, or objectionable to you. We are not liable in any way for any User Content, including errors or omissions in any User Content, or for any loss or damage incurred by you due to the use of any User Content transmitted, uploaded, posted, emailed, or otherwise made available via the Website.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content. We reserve the right to modify, condense, or delete any User Content. Without limiting the foregoing or any other provision of these Terms and Conditions, we reserve the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. We also reserve the right to refuse service without prior notice to any users who violate these Terms and Conditions or infringe the rights of others.

14. Indemnity

You agree to indemnify and defend the company, its owner, licensees, affiliates, subsidiaries, group companies (where applicable), and their respective officers, directors, agents, and employees from any claims, demands, actions, including reasonable attorney's fees, brought by any third party or penalties imposed, arising from or related to your violation of these Terms of Use, Privacy Policy, or other policies, or your infringement of any law, rules, or regulations, or the rights (including intellectual property rights) of a third party.

15. Disclaimer

You acknowledge and agree that you are accessing the services on the Website and conducting transactions at your own risk. You are exercising your best and cautious judgment before engaging in any transactions through the company.

16. Applicable Law

These Terms of Use will be governed by, interpreted, and construed in accordance with the laws of India. Any disputes arising from these terms shall be exclusively subject to jurisdiction in Delhi.

17. Trademark, Copyright and Restriction

This Website is operated and managed by the Company, and products are sold by CAPSAFE FINTECH PRIVATE LTD / COMPANY. All services, products, and plans featured on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. These products are intended solely for commercial use. You are prohibited from copying, reproducing, republishing, uploading, posting, transmitting, distributing, or assisting others to do so, whether directly or indirectly, including through email or other electronic means.

Without prior written consent from the owner, modifying the products, using them on any other website or networked computer environment, or using them for purposes other than commercial use violates copyrights, trademarks, and other proprietary rights, and is strictly prohibited. Any use for which you receive compensation, whether monetary or otherwise, constitutes commercial use under this clause.

You are solely responsible for any content you provide or upload when using any service, including text, data, information, images, photographs, music, sound, video, or any other material. However, we reserve the right to use or reproduce any content uploaded by you. By using our services, you grant us a royalty-free, irrevocable, unconditional, perpetual, and worldwide right to use the content for reasonable business purposes.

18. Limitation of Liability

Under no circumstances shall the company be held liable for any indirect, punitive, incidental, special, or consequential damages, or any other damages arising from:

• the use or the inability to utilize the Services or website
• unauthorized access to or unauthorized changes made to the user's transmissions or data
• any other issue concerning the services, including but not limited to, damages for loss of use, data, or profits, arising from or in connection with the use or performance of the Website or Service.
• Company is not liable for the unavailability of its services during scheduled maintenance or unplanned access suspensions. Users acknowledge and accept that any material or data downloaded from the company's website is solely at their own discretion and risk. They will be responsible for any damage to their mobile device or loss of data resulting from such downloads. To the fullest extent permitted by law, the company's liability is limited to the value of the products purchased by you.
• Company assumes no responsibility for disputes or disagreements between users.

19. Disputes

20. Regarding any dispute concerning the Website, all rights, obligations, and actions described in these Terms and Conditions will be governed by the laws of India, and any legal proceedings shall exclusively take place in the courts of Delhi, India.

21. Termination

Company reserves the right to suspend or terminate your access to the Website or any Service if, in its sole discretion, it believes you have infringed, breached, violated, abused, or manipulated any term of these Terms of Service or acted unethically in any manner. These Terms of Service will remain in effect indefinitely unless and until the Company decides to terminate them.

• If you or Company terminates your use of the Website or any Service, Company reserves the right to delete any content or materials associated with your use of the Service. Company will not be liable to you or any third party for such deletions. However, Company may retain your transaction details for tax or regulatory compliance purposes.
• Company reserves the right to unilaterally terminate your account based on the conditions outlined in the Terms of Use, specifically under point no. 6 regarding User Conduct and Rules on the Website. In such instances, any Company credits earned through goodwill compensation, loyalty or referral programs, promotional campaigns, or gift cards purchased on other websites will be forfeited. Returns or refunds for affected users will be solely determined by the Company.
• If you utilize a false email address or engage in unlawful and fraudulent activities through the portal, resulting in annoyance, inconvenience, or violations of company policies and rules, or if you deceive Company by using multiple addresses or phone numbers for malicious purposes, Company reserves the right to deny access to the Website and terminate accounts, including any associated accounts, without prior notice to you.

22. Usage

We reserve the right, at our sole discretion, to modify these Terms and Conditions at any time by posting the changes on the Website and notifying users of such changes. Any modifications become effective immediately upon posting on the Website and notification. Your continued use of the Website following such modifications constitutes your acceptance of the updated Terms and Conditions. We may terminate any rights granted under these Terms and Conditions, with or without prior notice. Upon termination or notification, you must promptly cease all use of the Website. These Terms and Conditions do not establish an agency, partnership, or joint venture between us. Our failure to enforce any provision does not waive our right to enforce it later, nor does our waiver of a breach waive the provision itself. If any provision is found unenforceable under applicable law or by a court decision, it does not affect the enforceability of the remaining provisions.