END USER TERMS FOR STASHFIN USER ACCOUNT
1.1 This website www.stashfin.com its mobile phone and internet-based application(s) (“StashFin Platform(s)”) is owned and operated by EQX Analytics Private Limited, a company incorporated under the Laws of the Republic of India having its Registered Office at 60, 3rd Floor, Kotla Mubarakpur, New Delhi, 110003, India (collectively referred to as “StashFin”, “we”, “us”, “our”, as the context may apply).
1.3 Each User of StashFin Platform(s) (hereinafter referred to as “User”, “StashFin User”, “you”, “your”, as the context may apply) is requested to read the terms herein and confirm acceptance by pressing “I Agree” or similar button to register with StashFin while creating and for using StashFin User Account (hereinafter defined) or for availing any services from StashFin through the StashFin Platform(s).
1.4 Each StashFin User is also requested to note and be updated about the services, schedule of charges and the list of Lender(s) in StashFin Platform(s) and the respective terms conditions as updated there from time to time. Each StashFin User agrees to be bound by those terms.
1.5 Each StashFin User understands and agrees that they shall not be entitled to delete the user account if there is any pending payment towards StashFin or its Lender(s) or for any services availed using StashFin Platform(s).
1.6 Each StashFin User understands and agrees that this is a legally binding agreement for the use of StashFin Platform(s) and establishing the terms and conditions under which a StashFin User Account can be used.
1.7 Each StashFin User understands and agrees that they may need to recognize and comply with additional terms and conditions for availing services offered in StashFin Platform(s) as may be applicable from time to time.
1.8 Each StashFin User by accepting these terms understand and agree that that StashFin reserve the right to modify these and other policies applicable in general and/or to specific areas of services in StashFin Platform(s) or to a particular service which shall also be considered as part of these terms, at any time without giving you any prior notice, and such changes shall be binding on you.
1.9 Each StashFin User, by accepting these terms understand and agree that they shall be required to re-visit these terms from time to time to stay abreast of any changes that StashFin Platform(s) may introduce to these terms.
1.10 You shall not accept these terms if you are a person who is either barred or otherwise legally prohibited or not authorized to use the same.
1.11 You shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity or affiliation with any person or entity.
1.12 Notwithstanding anything contained herein, we reserve the right to deny your registration as a StashFin User and deny our services on StashFin Platform(s) without assigning any reason.
1.13 We strongly advise that independent professional advice be obtained before you purchase or avail any product and/or service via StashFin Platform(s).
1.15 By accepting these terms, you agree to unconditionally accept and agree to comply with and be bound by these terms. You agree not to use the StashFin Platform(s) for any purpose that is unlawful, illegal or forbidden by these terms, or any local laws that might apply to you
1.16 We may translate these terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
2. Role of StashFin
2.1 StashFin informs you that we are not a lender or a financial institution and hence, have no part in lending or credit decisions. StashFin does not lend money to anyone rather, StashFin acts as a bridge that connects you to lenders who may consider granting you a Credit Line in India (hereinafter referred to as "Lender(s)").
2.2 StashFin Platform(s) may provide services by StashFin or other persons.
2.3 Notwithstanding anything to the contrary, StashFin does not undertake any product liability/obligation or services obligation or represents or warrants or guarantee on behalf of any third person/s. The Role of StashFin is strictly limited to intermediation. Other than expressly agreed, StashFin disclaims any responsibility or liability for any services or offerings on StashFin Platform(s).
3. StashFin User Account
3.1 To use the offerings on StashFin Platform(s), you have to register on StashFin Platform(s) and create a user account (“StashFin User Account” or “User Account” or “Account”) and provide your details (“User Information”) together to avail the Credit Line from Lender(s) or for availing other services in the StashFin Platform(s) (as may be applicable).
3.2 You shall take note that a few of the information is mandatory in nature, and few will be optional. You agree to exercise diligence while creating your StashFin User Account and while submitting the User Information. You understand and agree that you have the choice not to provide any such details and avoid the creation of a StashFin User Account. However, all details submitted shall be true and correct. You further declare/undertake that the User Information provided is true and accurate and shall be responsible for any error whatsoever.
3.3 You understand and that the Lender(s) and StashFin can rely on such information for a grant or reject your request for a grant of Credit Line or any services on StashFin Platform(s).
3.4 You shall, at all times, keep the password and user ID of your StashFin User Account confidential and shall be solely responsible for the user activities through your account.
3.5 The services which are available with your StashFin User Account are available on the StashFin Platform(s).
3.6 During the period while you are availing the services which we provide in the StashFin Platform(s), we may grant licenses/permissions for the use of technology/services/materials and User Account through StashFin Platform(s). The same may be canceled at our discretion.
3.7 You understand that StashFin Platform(s) or services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
3.8 Other than as provided in these terms or in the StashFin Platform(s, the services/products/licenses from our side will be available to you only during the validity period, which will be based on the fee paid by you, or before the termination of these terms or before us we discontinuing the services/products/licenses or the respective StashFin Platform(s) (as may be applicable).
3.9 Notwithstanding anything to the contrary, you shall not hold StashFin liable or responsible for services on StashFin Platform(s) from any third person.
4. Service Charges
4.1 You shall be required to pay service charges as mentioned under the head Schedule of Charges in the StashFin Platform(s) for the services availed by you through StashFin Platform(s).
4.2 You agree to make payment to StashFin as per intimations from StashFin from time to time for availing services through StashFin Platform(s).
4.3 You understand that the services in StashFin Platform(s) may be denied by StashFin if there is a non-payment of applicable charges.
5. Grant of Authority
5.1 By creating StashFin User Account and submitting User Information, you are explicitly agreeing that you are requesting Credit Line from the Lender(s) or for other services through StashFin Platform(s). Further, you grant authority for the following:
- For Lender(s), other services providers and StashFin to reach out to you through e-mail, post, telephone or through any other media (including electronic means) now or in future to assist you in getting the Credit Line or for providing other services through StashFin Platform(s) directly or by third parties
- To provide information concerning your interest in Credit Line to third-party marketing companies to offer additional services or products.
- To provide credit checks or background checks based on the User Information and submit the same to the Lender(s) or for providing other services through StashFin Platform(s) directly or by third parties, you understand and agree that StashFin shall in no way be responsible for the outcome of the checks.
- To know through phone calls, or SMS, or e-mails on User's mobile number, various Credit Line offer schemes or Credit Line promotional schemes or any other promotional schemes including that for services through StashFin Platform(s) directly or by third parties.
- Confirm that laws concerning the unsolicited communication referred to in "NATIONAL DO NOT CALL REGISTRY" as laid down by TELECOM REGULATORY AUTHORITY OF INDIA will not be applicable for such communication/ calls/ SMS/e-mails received from StashFin. It's employees, agents, and/or associates.
- To co-ordinate for recovery of Credit Line in case of any delay in repayment.
- To co-ordinate for providing other services through StashFin Platform(s) directly or by third parties.
5.2 We may, as a result of your interaction with the StashFin Platform(s), hold and process information obtained about you when you access the StashFin Platform(s).
5.3 By executing these terms, you hereby grant us authority and power and authorize us or our authorized representatives to do all acts on your behalf as may be necessary to provide the services sought by you through the options available in our StashFin Platform(s).
6. StashFin User Account
6.1 Your StashFin User Account will provide information about your interest to avail Credit Line to the Lenders for further processes and details of Credit Line offered by Lender(s) and its indicative terms.
6.2 Your StashFin User Account will help you avail services through StashFin Platform(s) directly or by third parties.
6.3 Your StashFin User Account will provide charges for the services to you through StashFin Platform(s) directly or by third parties.
6.4 Your User Information will be submitted with Lender(s) and service providers in StashFin Platform(s), among other details as may be required by the Lender(s) or by other services providers in StashFin Platform(s) or by StashFin.
6.5 In case any information is inadequate, you may reach out to the StashFin customer case through your StashFin User Account.
7. Grant of Credit Line
7.1 You are required to note that all Lender(s) may not offer a Credit Line.
7.2 The decision of lending, i.e., to sanction a Credit Line or rejection of your Credit Line application as well as the Credit Line depends solely on the Lender(s).
7.3 Once a Lender(s) approves the Credit Line, the terms prescribed by the Lender(s) shall be, and you may approve or choose to accept it.
7.4 You may also consult a professional before making your decision.
7.5 You will be informed about approval or rejection or status of your interest to avail Credit Line. Upon sanction of Credit Line by Lender(s), you may approve or reject the terms of Credit Line sanction through the StashFin Platform(s).
7.6 Once you agree to accept terms of Credit Line sanction by the Lender(s) through the StashFin Platform(s), you shall execute the necessary agreement as a borrower with the Lender(s) and StashFin as the case may require.
8. Terms of Disbursement
8.1 You agree that the terms of disbursement and purpose of Credit Line shall be as agreed on the StashFin Platform(s) and as may be deemed fit by the Lender(s) and StashFin from to time.
8.2The disbursement will be permitted only as per terms agreed by the Lender(s) and as required by StashFin.
8.3 Deviations, if any given, shall be cured by you with the timelines intimated by StashFin from time to time, failing which it shall be deemed as a default which entitles StashFin or the Lender(s) to initiate legal actions without any further intimation.
8.4 StashFin can adjust disbursement amount due to any of you due to any Lender(s) or for payment for any services availed by your through the StashFin Platform(s). The same shall be binding on you
9. The rate of interest and charges for Credit Line
9.1 The Rate of interest for Credit Line and charges will be governed as agreed on the StashFin Platform(s).
9.2 You shall be bound by the terms of the Schedule of Charges applicable from time to time.
10. Other General representation, warranties, and covenants
10.1 The User herein confirms the following:
- The User is an Indian resident as per Foreign Exchange Management Act, 1999 and Income Tax Act, 1961.
- Meet the criteria prescribed in the Indian Contract Act, 1872, to enter into an agreement and have legal competence and capacity.
- Has sufficient income to repay the Credit Line applied from Lender(s)
- Has identity proof and the same submitted to StashFin is true and correct.
- Has income proof, and the same is adequate to repay the Credit Line or for making payments for any services availed through the StashFin Platform(s).
- Has a valid and active bank account in India.
- The users shall comply with all the laws applicable to them, respectively, for using the StashFin Platform(s) at territory, the User is located, and in India.
- The details submitted through the StashFin Platform(s) are true and correct.
- You do not have the right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to copy and use the software, text, images, graphics, video, and audio used on StashFin Platform(s) (“Content”). You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the services. You will not copy or transmit any of the services.
- You understand and agree that we neither represent nor warrants that your use of materials displayed at the StashFin Platform(s) will not infringe on third parties' rights.
10.2 By using StashFin Platform(s), you agree that you shall not
- use our services and StashFin Platform(s) for spamming or any other illegal purposes;
- infringe ours or any third party's intellectual property rights, rights of publicity or privacy;
- post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which violates any law;
- refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to us;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of StashFin Platform(s) or features that enforce limitations on the use of our services and StashFin Platform(s);
- upload any content that constitutes negligent advice or contains any negligent statement, an incitement to commit a crime or contains instructions for the commission of a crime or the promotion of criminal activity; or any content which is in contempt of any court, or in breach of any court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of another's privacy, blasphemous; in breach of any contractual obligations or depicts violence or is pornographic, pedophilic, obscene, suggestive or sexually explicit; or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever;
- upload any content that threatens the unity, integrity, defense, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any nation;
- upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our services and StashFin Platform(s) or any part thereof or infringe any patent, trademark, copyright or other proprietary rights;
- use our services and StashFin Platform(s) in any manner that could damage, disable, overburden, or impair, including, without limitation, using our services and StashFin Platform(s) in an automated manner;
- modify, adapt, translate or create derivative works based upon our services and StashFin Platform(s) or any part thereof;
- intentionally interfere with or damage the operation of our services and StashFin Platform(s) or any other User’s use of our services and StashFin Platform(s), by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- use any robot, spider, other automatic devices, or manual process to monitor or copy our services and StashFin Platform(s) without our prior written permission;
- interfere or disrupt our services and StashFin Platform(s) or networks connected therewith;
- take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
- use any device, software or routine to bypass our services and StashFin Platform(s) robot exclusion headers, or interfere or attempt to interfere, with our services and StashFin Platform(s);
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our services and StashFin Platform(s) or to manipulate your presence on our services and StashFin Platform(s);
- use the facilities and capabilities of our services and StashFin Platform(s) to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- breach these terms or any other policies which we may adopt from time to time;
- provide false, inaccurate or misleading information to our services and StashFin Platform(s); and
- use our services and StashFin Platform(s) to collect or obtain personal information, including without limitation, personal information about other Users of our services, and StashFin Platform(s).
10.3 Although we may from time to time monitor or review postings, transmissions, and the like on the StashFin Platform(s), we under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the StashFin Platform(s).
10.4 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
10.5 We retain the right to remove any such posting and fully cooperate with any law enforcement authorities or court order to request or direct us to disclose the identity of anyone posting any such information or materials.
11.1 StashFin may advertise certain Credit Line products of the Lenders or other services in the StashFin Platform(s); however, that does not mean that StashFin warrants or represents quality or features of any the services of any Lender(s) or such persons.
11.2 The Credit Line conditions offered by the Lender(s) may not always suit your requirements. If you are unsure about any aspect of the Credit Line given by the Lender(s), StashFin takes no responsibility towards the offer made by the Lender(s), and there is no involvement of StashFin whatsoever in these decisions.
11.3 Furthermore, StashFin has no role in determining how a Financial Service Provider may use the information given by you. By using the StashFin Platform(s), you are acknowledging that StashFin is not liable for any damages or costs, financial or otherwise, incurred by you due to your transaction with any Lender(s).
11.4 StashFin does not confirm the suitability of any other services offered through the StashFin Platform(s) for any of your particular needs; you shall solely be responsible for any cost incurred by you for availing the same. In no event, notwithstanding anything contained here or in any of the StashFin Platform(s), you shall not hold StashFin responsible or liable for the same.
11.5 You understand and agree that StashFin Platform(s) hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy, correctness of the information hosted. We take reasonable care to ensure such precision, but we are not responsible for the furnished information. You agree not to hold us liable for the falsification of any such provided information.
12.1 As consideration for entering into this agreement, you agree to indemnify and hold StashFin and its Lender(s) or any service providers on the StashFin Platform(s) harmless from and against any and all claims, action, liability, cost, loss, damage, endured by StashFin by User’s access to the StashFin Platform(s) in violation to the listed terms of service and also to the applicable laws, rules and regulations or agreements prevailing from time to time
13. Display/ Advertisements/ Web Links
13.1 We have not reviewed any sites that may be linked to the StashFin Platform(s) and are not responsible for the content of any off-site pages or any other sites linked to the StashFin Platform(s). Your linking to any other off-site pages or other websites is at your own risk.
13.2 Our display on or through the StashFin Platform(s) of various services or product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation, or approval or advice from us for any such third parties or their products.
13.3 You agree that we are in no way responsible for the accuracy, timeliness, or completeness of information it may obtain from these third parties. Your interaction with any third party accessed through the StashFin Platform(s) is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
13.4 You agree that you may need to agree with the terms and conditions of such third parties by accessing their StashFin Platform(s), and the same will be at your sole risk and responsibility.
14. Inaccuracies at the StashFin Platform(s)
14.1 While we use reasonable efforts to include accurate and up to date information at the StashFin Platform(s), we make no warranties or representations as to the StashFin Platform(s)'s accuracy. We disclaim any and all liability for the accuracy, completeness, or correctness of such information.
15. Security at the StashFin Platform(s)
15.1 While we use reasonable efforts to safeguard the StashFin Platform(s) security, there can be no guarantee that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the StashFin Platform(s). We assume no liability or responsibility for any unauthorized changes in the content or functionality of the StashFin Platform(s).
16. Disclaimer of warranty
16.1 The StashFin Platform(s) and all content and services provided on the StashFin Platform(s) are provided on an "as is" and "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, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We make no warranty, and expressly disclaims any obligation, that:
- the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
- the StashFin Platform(s) will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis
- the results that may be obtained from the use of the StashFin Platform(s) or any services offered through the site will be accurate or reliable; or
- the quality of any products, services, information, or other material obtained by you through the StashFin Platform(s) will meet your expectations
17. Limitation of Liability
17.1 We (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, an act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the StashFin Platform(s)), or (ii) any use of the StashFin Platform(s) or content, or (iii) the performance or non-performance by us or any provider, even if we 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 computer equipment or other property as the result of your access to the StashFin Platform(s) or your downloading of any content from the StashFin Platform(s).
18. Use information on StashFin Platform(s)
18.1 Except as expressly permitted by these terms, no portion of the information on the StashFin Platform(s) may be reproduced by you in any form, or by any means, without our prior written permission.
19. Governing law and Jurisdiction
19.1 The laws of India, without regard to its conflict of laws rules, will govern these terms, as well as your and our observance of them.
19.2 If you take any legal action relating to your use of the StashFin Platform(s) or these terms, you agree to file such action only in the courts located in New Delhi, Republic of India.
20. Details of Grievance Officer
20.1 The name and contact details of the Grievance Officer to StashFin are provided below:
Name: Sanjeev Walia
Email ID: [email protected]
Phone number: 9953595222
20.2The name and contact details of the Grievance Officer for grievances to the Lender(s) or other service providers on StashFin Platform(s):
Name: Manny Chawla
Email ID: [email protected]
Phone number: 9319080230
21. Governing Law, Jurisdiction, and Dispute Resolution
21.1The provisions of these terms shall be governed by and construed in accordance with Indian law and shall be subject to the exclusive jurisdiction of the courts located in New Delhi, Republic of India. Any dispute, difference, claim, or controversy arising between the Parties (hereinafter "Dispute") out of or connected with these terms shall be settled amicably by mutual discussion and negotiation. If any, unresolved disputes shall be resolved by arbitration following the Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The Dispute shall be referred to a sole arbitrator to be appointed by consent. The Arbitration proceedings shall be conducted, and the award shall be rendered in the English Language. The sole arbitrator appointed by the Parties shall be entitled to adopt the fast track procedure provided under the Arbitration and Conciliation Act 1996. The arbitration shall be in English, and all orders/ awards passed in the proceedings by the arbitrator shall be final, conclusive, and binding on the Parties. The venue of the arbitration shall be New Delhi, Republic of India. The Fee of Arbitrator shall be shared equally by the Parties. The arbitrator shall be entitled to award costs, including legal costs.
22. Breach of the terms
22.1 Without prejudice to our other rights under these terms, if you breach these terms and, in any way, or if we suspect that you have breached these terms in any way, we may
- send you one or more formal warnings;
- temporarily suspend your access to StashFin Platform(s) and services;
- permanently prohibit you from accessing StashFin Platform(s) and services;
- block computers using your IP address from accessing StashFin Platform(s) and services;
- contact any or all of your internet service providers and request that they block your access to StashFin Platform(s) and services;
- commence legal action against you, whether for breach of contract or recovery of amounts due or damages or otherwise;
- suspend or delete your account on StashFin Platform(s) and services;
22.2 Notwithstanding anything to the contrary contained this these terms after termination or suspension of services or discontinuance of your User Account on StashFin Platform(s) pursuant to your breach or otherwise, you will not be entitled to refund of any fee or charges paid, nor shall be discharged from any pending obligation accrued in favor or StashFin or towards any Lender(s) or by availing any services through StashFin Platform(s).
23.1 Any reference to a statutory provision shall include such provision from time to time modified or re-enacted or consolidated so far as such modification or re-enactment or consolidation applies or is capable of using it to any transactions entered into hereunder.
24.1 We shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms.
25.1 Your feedback makes use of StashFin Platform(s) and services better; please feel free to share it with us on www.stashfin.com/contact-us. Unless admitted explicitly by us or as required by law, all feedback shall be non-confidential.
25.2 We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability due to any similarities between those ideas and materials that may appear in our future programs.
25.3 Please do not reveal trade secrets or other confidential information in your messages to us.
USER ACCEPTANCE: I ACCEPT THE TERMS AND CONDITIONS ABOVE. THE ABOVE END USER TERMS FOR STASHFIN USER ACCOUNT HAS BEEN ACCEPTED AND APPROVED BY ME ONLINE/ELECTRONIC MEANS. I HEREBY CONFIRM THAT ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS WAS COMPLETED ONLINE AT MY REQUEST.