TERMS AND CONDITIONS FOR THE OPENING AND USE OF A LOAN ACCOUNT WITH SmartCoin Financials Private Limited
SmartCoin Financials Private Limited (CIN: U67110KA2015PTC084272) is a Private Company registered under the Companies Act, 2013 having its registered office at Sy. No. 25/7,Sri Kote Ashiward Towers, K.R. Puram Outer Ring Road, Marathahalli, Doddanekkundi Bangalore 560 037 Karnataka (hereinafter shall be referred to as "SmartCoin" or "Company" or "us" or "we" are the owner of the mobile application by the name SmartCoin ("App") and website at www.smartcoin.co.in ("Website") (App and Website are hereinafter together referred to as the "Platform") and further we clarify that “User” means any person using the Platform i.e. consumers, financial institutions, borrowers and other partners.
By accessing or using any version of the SmartCoin application (“App”) on any compatible device, signifies that User has read, understood and agree to be bound by these terms and conditions (“T&C”) and any other law applicable, whether or not a registered member of the App. If User do not agree to all the terms and conditions of this agreement, then User may not access the Platform/App or use any services provided by Us.
These Terms and Conditions may be amended or varied by SmartCoin from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation.
GENERAL FEATURES AND FACILITIES PROVIDED BY SMARTCOIN
Through App, SmartCoin provides an online platform which connects the financial institutions with prospective borrowers. SmartCoin is merely facilitates a transaction between two Users. SmartCoin 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. SmartCoin 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. SmartCoin 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.
SmartCoin provides an online platform connecting financial partners (financial Institutions) with prospective borrowers. SmartCoin do not hold any right to accept or reject the loan application submitted through SmartCoin App. Based on the specific credit underwriting policy of lending financial institution, the customer loan application is either accepted or rejected, this acceptance or rejection is conveyed through SmartCoin platform.
The SmartCoin App provides the following facilitates to the User of App:
Status of the loan applied.
Amount Outstanding and due date for repayment.
Send SMS, Email, Calls and Notification to update the loan related information.
Customer Grievance redressal.
User of the SmartCoin App represents and warrant that User is a natural /legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. User shall not access and use the App if you are not competent to contract under the applicable laws, rules and regulations. The User is allowed to utilize the Services in accordance with the terms and conditions detailed hereinafter.
By registering on the SmartCoin Platform, the User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions, or otherwise violates an agreement entered into through the medium of the Platform, SmartCoin may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Platform and / or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if SmartCoin believes that User is under the age of 18 years.
USER ACCOUNT ON APP
INTELLECTUAL PROPERTY RIGHTS
User can access SmartCoin App and use the available features, facilities and utilise the App Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of display or commercially exploit the App Content, features or facilities, directly or indirectly, without our prior written permission. You acknowledge that you have no right to have access to the App in source-code form.
All of the content on the App, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“App Content“), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the App and the App Content.
SmartCoin and its licensors, if any, are the sole owner of the underlying software and source code associated with the App and all the trademarks, copyright and any other intellectual property rights of any nature in the App.
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to SmartCoin or its licensors, if any, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the limited right to avail the facilities provided in accordance with the SmartCoin Terms and Conditions.
Maintenance of confidentiality of the account created in SmartCoin lies with the User. Any deletion of the SmartCoin do not constitute to deletion or termination of account. The option of deleting the User information is possible only to the Users who has not availed any loan through the use SmartCoin App, if such User wishing to delete the information from SmartCoin account can send a E mail to Help@smartcoin.co.in to delete the information. However the User who has availed or loan is approved from any of our lending partners, then the User account information cannot be deleted.
Upon the use of SmartCoin App of any version on any compatible device, signifies that User has read, understood and agree to be bound by these terms and conditions. This implies that User has expressed consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
User certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address(es).
The App is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the App or any deliverable generated by the App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the App; and/or (iii) create derivative works of the App.
You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the App. Also, you shall not reverse engineer or reverse compile our technology that is available on the App, including, without limitation, such Java Applet, as may be associated with the App from time to time.
You shall request SmartCoin, to block the Account immediately, if your Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify SmartCoin immediately of any unauthorized use of the Account or any other breach of security. SmartCoin shall not be liable for any loss to you owing to negligent actions or a failure on your part to inform SmartCoin, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by SmartCoin or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and SmartCoin cannot be held responsible.
SmartCoin shall make all reasonable efforts to ensure that your information is kept confidential. However, SmartCoin shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and SmartCoin shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand and acknowledge that upon using the App, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, 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 services and facilities available on the App, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
We can only access your Credit Information as your authorized representative and shall use Credit Information for limited end use purpose consisting of and in relation to the services proposed to be availed by you from us on the App. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein.
The Parties acknowledge that the Credit Information (means collectively the Credit Information Report and Credit Score which shall be generated by Experian) provided by Experian to us is solely the property of Experian and the consumer (as appropriate). We shall protect and keep confidential the Credit Information both online and offline and use best in class security measures in line with applicable laws. The Credit Information shared by You, or received on your behalf shall be destroyed, purged, erased or returned to Experian promptly either on the customer seeks us expressly to do so and/or seeks to revoke the consent or if it is mandated or intimated by regulators.
In consideration of SmartCoin complying with your instructions or requests in relation your account, you undertake to indemnify SmartCoin, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and lending partners harmless against any claims, demands, 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 or App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Platform.
SmartCoin reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify SmartCoin, including rights to settle, and You agree to cooperate with SmartCoin defense and settlement of these claims. SmartCoin 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.
The terms of this paragraph will survive any termination or cancellation of these T&C or your use of the App.
SmartCoin App and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
SmartCoin shall make reasonable efforts to make available the App and the functions and features at all times. However, we make no warranty that the App shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
SmartCoin shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of SmartCoin, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the App is done at your own discretion and risk and you are solely responsible for any damage to your Device 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 us through or from the service will create any warranty not expressly stated in these T&C.
You acknowledge that SmartCoin is an online platform which connects the financial institutions with prospective borrowers and that the SmartCoin is not engaged in either grant of loan or borrowing any money using the SmartCoin Platform. You acknowledge that the use of the financial lending activity is entirely between the Users and respective financial institution and neither SmartCoin nor its employees, officers, directors, agents have any interest with regard to any financial lending activity. You acknowledge that SmartCoin in no manner guarantees that the Users have provided all the information on this App 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 Platform and SmartCoin is in no manner liable if the information provided on this App is untrue or incorrect. You acknowledge that SmartCoin is in no manner responsible for any claim of money or damages in the event financial institution fails to either grant loan or a user fails to repay the loan or misrepresents his financial status or commits a fraud or cheating or any other such illegal act.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE APP, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE APP, OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
GOVERNING LAW AND JURISDICTION
User can raise his/ her grievance through Email at firstname.lastname@example.org.