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This Term of Use (“Terms”) applies to the website, www.Peerlend.in and/ or www.fincsquare.com (“Website(s)”) and mobile application, “PeerLendMobileApp” (“App”), both owned and operated by ‘FincSquare fintech Private Limited’ (“Company”), facilitating online credit lending and borrowing services among those interested (“User(s)”) with a web based intelligence platform (“Services”). Any other services offered by the Company or other features, content, or applications offered from time to time by the Company through the Website or App are governed by the following Terms and other policies listed on the Website including but not limited to the Privacy Policy.
Users agree to be bound by these Terms, regardless if they use the Services with or without being registered with the Company. The Company reserves the right to modify these Terms from time to time without prior notice, and each such modification shall be effective upon posting on the Website. Continued use of the Services following any such modification constitutes User’s acceptance to be bound by these Terms as so modified. Notwithstanding anything to the contrary in these Terms, the Company reserves the right to accept or reject a User from registering on the Website or App, without assigning any reason thereof.
1. ELIGIBILITY
1.1. The use of Services and registration on the Website or App is not permitted where it is prohibited by law. By using the Services, the User represents and warrants the following:
2. REGISTRATION
As a condition to register with the Company to use the Services, the User agrees that:
3. LICENSE
The Company grants the User a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on his/her/its personal device as made available through the Website/App. The Company may, from time to time, update or modify the App and Website, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the App or Website through the respective login credentials authenticated for a particular User.
4. USAGE RESTRICTIONS
4.1 Users are prohibited from violating or attempting to violate the security of the Website/ App, including, without limitation the following activities:
4.2 Further, the Users shall not:
5. REMEDIES WITH THE COMPANIES
5.1 User understands and agrees that the Company may review the use of the Services by the User and review any content posted on the App or Website and in case the Company finds, in its sole discretion, that the User violates any of these Terms especially Clause 4, then Company reserves the right to take actions to prevent/control such violation, including without limitation, terminating the membership of such Users and/or blocking their use of the Services or removing the offending communication or content from the App or Website, as the case may be.
5.2 The Company shall also be entitled to investigate occurrences, which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
5.3 The User acknowledges that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services. The User also acknowledges that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
6. PROPRIETARY RIGHTS
6.1 User acknowledges and agrees that the Company or Company’s licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the App and/or Website, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
6.2 Unless agreed otherwise in writing with the Company, nothing in the Terms gives the User or any third party a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from the User under these Terms in or to any content that the User submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Company agrees to otherwise in writing, User agrees that he/she is responsible for protecting and enforcing those rights and that Company has no obligation to do so on User’s behalf.
6.4 User agrees that he/she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
6.5 User agrees that in using the Services, he/she will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
7. COPYRIGHT COMPLAINT
If a copyright/ intellectual property owner or an agent thereof believes that any User content or other content on the App or Website infringes upon their copyrights or other intellectual property, kindly contact the Company at contact@Peerlend.in.
8. CONFIDENTIAL INFORMATION
8.1 User may be given access to certain non-public information, software and specifications of the App (“Company’s Confidential Information”), which is confidential and proprietary to the Company. User may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.
8.2 User agrees that he/she will not disclose Company’s Confidential Information without Company’s prior written consent.
8.3 User agrees that he/she will protect Company’s Confidential Information from unauthorized use, access, or disclosure in the same manner that User would protect User’s own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
8.4 Company’s Confidential Information includes, without limitation:
8.5 Company’s Confidential Information does not include information that:
8.6 User also agrees to protect all the personal and other information of the other Users which are confidential and proprietary to the particular User in the same manner as it is protected as his/her/its own confidential and proprietary information.
9. USER ACCOUNT
9.1 Company acknowledges that it employs industry standard security protocol to ensure that the information, which User stores in, transmit or transfer through the App and/or Website, is protected. The App and/or Website are hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL.
9.2 The User shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under his/her username. The User agrees to: (a) notify the Company immediately of any unauthorized use of his/her username and passwords or any other breach of security; and (b) ensure that the User has logged off from your account at the end of each session.
9.3 The Company will not be liable for any loss or damage arising from the User’s failure to comply with this clause.
10. COMMUNICATION
User agrees and understands that all communication between the Company and User shall be through electronic medium, such as emails or notices placed on the Website. User consents to receive communications via electronic medium from the Company periodically and as and when required.
11. MODIFICATIONS
The Company may, at any time, modify these Terms to reflect changes to the law or any change in its Services. The Company may post notice of modifications to these Terms on the Website and such changes will become effective from the date they are posted on the Website. If User does not agree to the modified Terms, he/she should discontinue their use of the Services through the Website or App. Amendment to or modification of these Terms will be considered accepted and binding upon the User if the User continues to use the Services even after such changes to these Terms.
12. TERM & TERMINATION
12.1 These Terms shall remain in full force and effect for the duration of the availed Service or unless and until User’s account is terminated as provided herein. User may terminate his/her account as per the instructions provided in the Website or App and end their use of the Services at any time. Upon such termination for any reason, User shall cease to have access to the App and to the use of any Company’s specifications.
12.2 Any licenses contained in this Agreement will terminate automatically without notice if User fails to comply with any provision of this Agreement.
12.3 The Company further reserves the right to terminate this Agreement or discontinue the Services provided through the App or Website or any portion or feature thereof for any or no reason and at any time without liability to the User.
12.4 User shall delete all copies of the App, Company’s specifications and Company’s Confidential Information, other Users’ personal and confidential information and shall further cease and desist from distributing or developing the App and/or Website, specifications and information.
12.5 The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
12.6 Sections 5, 8, and 14 through 17 of this Agreement shall survive following any termination of this Agreement.
13. THIRD-PARTY CONTENT
13.1 The Company may contain features and functionalities that promote and allow access to third party content, including websites, information, products or services. If User has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, Company shall not be responsible for the same.
13.2 Additionally, the Company or third parties may provide hyperlinks, or any other form of link or redirection of User’s connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the Website or App and the inclusion of any link on Website or any network does not imply the Company’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.
14. DISPUTES
14.1 These Terms shall be governed by and interpreted and construed in accordance with the laws of India. In case of a dispute between the Parties which cannot be amicably resolved through negotiations within thirty (30) days from the first date that a Party notifies the other of such dispute arising out of or in connection with this Agreement, the dispute shall be submitted, by either Party, to binding arbitration. The arbitration shall be conducted by a sole arbitrator, mutually appointed by the Parties or by the competent court. The seat of arbitration shall be Hyderabad, India, and shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, the Parties may apply to the courts of competent jurisdiction in Hyderabad, State of Telangana, for preliminary or interim equitable relief, without breach of this arbitration provision.
14.2 If anyone brings a claim against the Company related to User’s actions, content or information on the App/ Website, User will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold the User or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by the User. Although the Company provides rules for User conduct, the Company does not control or direct Users’ actions on the App/ Website and is not responsible for the content or information Users transmit or share on or use in the App/ Website. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the App. The Company is not responsible for the conduct, whether online or offline, of any User.
15. Disclaimer and Limitation of Liability
15.1 THE COMPANY TRIES TO KEEP THE APP/ WEBSITE, BUG-FREE, AND SAFE, BUT THE USER AGREES TO USE IT AT HIS/HER OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.2 THE COMPANY DOES NOT GUARANTEE THAT THE APP/ WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
15.3 THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER MAY OBTAIN FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET HIS/HER EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
15.4 THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USER RELEASES THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS AGAINST ANY SUCH THIRD PARTIES.
15.5 THE COMPANY WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR WEBSITE.
15.6 IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.7 THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.
15.8 IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE APP/ WEBSITE, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE APP IN THE LAST YEAR
16. Contact Us
If there are any questions regarding these Terms of the Services, the User may contact us at contact@Peerlend.in or 040.35662052.
17. General
17.1 These Terms along with the Privacy Policy make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.
17.2 If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
17.3 The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
17.4 Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
17.5 User will not transfer any of User’s rights or obligations under these Terms to anyone else without the Company’s consent.
17.6 All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
17.7 Nothing in these Terms shall prevent the Company from complying with the applicable laws.
17.8 These Terms do not confer any third party beneficiary rights.
17.9 User should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information User submits to the Company.
17.10 The Company reserves all rights not expressly granted to User.
17.11 If under any law, User is entitled or obligated to act contrary to these terms, User consents to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before User acts in such manner.
This Privacy Policy (“Policy”) applies to the website, www.Peerlend.in and/ or www.fincsquare.com (“Website(s)”) and cross platform mobile application software, “PeerlendMobileApp” (“App”) facilitating credit lending and credit borrowing services (“Services”), developed, owned, operated and offered by FincSquare fintech Private Limited (“Company”). This Policy describes the Website, Platform and App’s use and sharing of information received from persons accessing or using the Services (“User”), such information being related to the Users or other persons downloading, accessing or using the App or Website. The Company adheres to the applicable laws regarding the collection, use, and retention of personally identifiable information (“Personal Data”) of the User.
By visiting the Website and/or downloading the App, the User hereby acknowledges and consents to the collection, use, disclosure and storage by the Company, of User’s own Personal Data received by the Company by virtue of the User’s usage of App/Website in the manner described in this Policy. In addition, the User also agrees to be bound by the terms and conditions of this Policy while using or accessing the App/Website. If the User does not agree with the terms of the Policy, he/ she should not access or use the App/ Website.
This Privacy Policy is subject to the Terms of Use and incorporated therein by reference.
1. INFORMATION COLLECTED FROM USER
1.1 When User registers with the Website or App, the User may be asked to provide Personal Data including without limitation: (1) personally identifiable information, which includes any information about the User that could reasonably be used to identify him/her in person, such as User’s name, gender, business name, address, email address, date of birth, date of incorporation, any photo identity proof, address proof, phone number etc. (“Personal Information”); and, (2) financial information such as User’s income, credit/debit card details, bank details, financial accounts details, Credit Report information etc. (“Financial Information”). Personal Data shall also include the information of such third parties that the App/ Website may have access to during the course of providing the Services to the Users. The App/ Website may also collect recurring information of the User’s geographic locations on a continuous basis.
1.2 In addition to any Personal Data, that User chooses to submit to the Company, the Company and its third-party service providers may use a variety of technologies that automatically collect certain information, including but not limited to usernames, passwords, phone number(s), email ids, geographical location and other security and usage related information, whenever User visits or utilizes the Services (“Usage Information”). The Company also automatically receives and records information that User’s browser sends whenever User visits the Website/ App. Further, these server logs may include information such as User’s IP address or a unique identifiers of the device such as VPN, information of WIFI connectivity and such other information (“Device Identifier”), browser type, browser language, the date and time of User’s request, pages viewed, time spent on the Website or App and one or more cookies that may uniquely identify the User’s browser, from his/her computer or other device used to access the Services (the “Device”). A Device Identifier is a number that is automatically assigned to the User’s Device, used to access the Services, and the Company’s computers identify User’s Device by its Device Identifier.
1.3 In order to provide smooth and uninterrupted Services, the App shall periodically access the address book or contact list on User’s mobile phone/device to locate the mobile phone numbers of other Users. To ensure a better user experience, the App may also at times, access names stored in the User’s address book to ensure any incoming messages and push notifications via the SMS feature having a name associated with them. For example, if the App cannot access names on User’s address book, when a non – App user responds to a SMS sent from the App, the incoming reply will show the non- App user’s number and not the name.
1.4 The App/ Website uses data collection devices such as “cookies” on the User’s Device drive that assist the App/ Website in providing Services. The App also uses cookies to allow User to enter his/her password less frequently during a session. For example, the information provided through cookies may be used to recognize a User as a previous user of the App (so the User does not have to enter his/her personal information every time). Most cookies are “session cookies”. A Session cookie is temporary and is automatically deleted from User’s device at the end of a session. Users are always free to decline App’s cookies if the application permits, although in that case User may not be able to use certain features on X and User may be required to re-enter the user’s password more frequently during a session.
2. USE OF SUCH INFORMATION COLLECTED
The App/ Website may use the Personal Data and other information collected for any of the following purposes –
3. DISCLOSURE OF PERSONAL INFORMATION
3.1 The Company shall not rent, sell, or otherwise provide Personal Data received from the User to third parties without consent of the User, except as described in this Policy or as required by law. However, the Company and its affiliates reserve the right to share, sell and transfer some or all of the Personal Data to other business entities should the Company, or its assets, plan to merge with, or be acquired by that business entity.
3.2 The App/ Website may share the Personal Data received from the User with the Company’s other corporate entities and affiliates in connection with matters relating to the consumption of Services by the User to help detect and prevent identity theft, fraud and other potentially illegal acts; correlated or multiple accounts to prevent abuse of Services; and to facilitate joint or co-branded services that the User request where such services are provided by more than one corporate entity other than the Company.
3.3 The Company may disclose Personal Data, if required to do so by law or regulation; to its legal counsel, law enforcement officers, governmental authorities who have asserted their lawful authority to obtain the information or where the Company has in good faith reasonable grounds to believe that such disclosure is reasonably necessary to enforce its Terms of Use or this Privacy Policy and the information could be useful in the investigation of unlawful activity.
3.4 The Company has implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from the User in the Company’s care. The Company’s security practices and procedures limit access to Personal Data on need to know basis only. Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.
4. SECURITY OF INFORMATION COLLECTED FROM USERS
4.1 The User agrees and acknowledges that the Personal Data and other information are stored on the secured servers and/ or data centres that may be placed in India or outside India. The Company is committed to protecting the security of any Personal Data and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data from any unauthorized access, use or disclosure. The Company will take all reasonable measures in furtherance of the above commitment. However, the Company cannot guarantee that the Personal Data received from the Users and other information stored on the servers will be absolutely protected. Company’s systems and the communication networks through which User’s access the App/ Website may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer "hacking", data theft or and physical theft among others. In such situations, the Company will try to rectify the problems as soon as possible.
4.2 Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data received by the App/Website from the User in an appropriate manner as per the industry standard practices and norms.
4.3 To ensure and maintain standards of data protection and information security, the Company complies with and maintains the International Standard IS/ISO/IEC 27001 on “Information Technology – Security Techniques – Information Security Management System – Requirements” in accordance with the Reasonable Security Practices and Procedures as stipulated under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
5. THIRD PARTY LINKS
The User agrees to comply with all third party privacy policies, if any, applicable to the use of such applications or its services. The Company is not responsible for the User’s use of any third party product and/or service including the terms and conditions, privacy practices or the content of those linked websites or such third party product and/or service or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of such mobile applications.
6. INTERNATIONAL TRANSFER OF DATA
In the process of providing Services to its Users, the App/ Website may transfer the Personal Data and other information that it collects to affiliated entities or other third parties across borders, and from the User’s country or jurisdiction to other countries or jurisdictions around the world. The Users understand, acknowledge and consent to transferring information and permitting the transfer of information, including Personal Data, to a country and jurisdiction that does not have the same data protection laws as the User’s jurisdiction. The User hereby consents to the transfer of his/ her information across countries or jurisdictions around the world.
7. GOVERNING LAW
The usage of the Services is exclusively governed by the laws of India and the jurisdiction of the courts in the State of Telangana. The Company expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
8. MODIFICATIONS
Any changes in this Policy by the Company shall be posted on the Website to reflect changes in its policy so that the User is always aware of what information the App collects, uses, and under what circumstances, if any, the App may disclose it. User should periodically review the abovementioned page for the latest information on the App’s privacy practices. Once posted, those changes are effective immediately. Continued access or use of the Application constitutes the User’s acceptance of the changes and the amended Policy.
9. ADVERTISEMENTS
The App/ Website may use third-party advertising companies to serve advertisements when the User contacts it. These companies may use information (not including name, address, email address, or telephone number of the user) about the User’s visits to this and other websites in order to provide advertisements about goods and services of interest to the user.
10. SECURITY PRECAUTIONS
To ensure and maintain standards of data protection and information security, the App will secure the information which the User provides in accordance with applicable laws and industry standards and technology to protect the loss, misuse, and alteration of the User’s information under Company’s control. Whenever the User changes or accesses his/ her account information, the App offers the use of a secure server. Once the user information is in the App’s possession, the Company adheres to strict security guidelines, protecting it against unauthorized access.
11. QUESTIONS/GRIEVANCES
Any grievances or questions regarding this statement should be directed to the following e-mail address: “support@Peerlend.in”
By accessing, using and/or registering on www.Peerlend.in and/ or www.fincsquare.com (“Website(s)”) or PeerLend Mobile App (“Äpp”) of FincSquare fintech Private Limited (“Company”), User have read, understood and agrees to be legally bound by the terms of this Disclaimer, the Privacy Policy and the Terms of Use governing the Website and App (collectively, “the Governing Conditions”). User’s usage of the Website or the App is entirely at User’s own risk. If User does not agree with any of the Governing Conditions, User should discontinue usage of the Website and/or App immediately. If User continues the use of the Website/ App, then it shall mean your deemed acceptance to the Governing Conditions, as modified from time to time.
The Company makes no representation, warranty or guarantee as to the quality, accuracy, completeness, performance or fitness of any article, tool, calculator, or any other material published on this Website. All materials published here are for general guidance and the Company will not be held liable or responsible for any typographical mistake or any other kind of error. Further User agrees to use these materials on its own risk and in case of any loss, the Company will not be held liable.
The Company makes no representations, warranties or guarantees (express or implied) that the contents of the Website/ App are free from viruses, malware, Trojan Horses, spyware or any other programme code, which has contaminating, or destructive properties, and shall have no liability in respect thereof. Any of the Services may be prone to shortcomings, defects or inaccuracies due to technical reasons. Further, the Company makes no representation, warranties or gurantees about the genuineness and creditworthiness of any registered User and hence the Company shall not be held liable for the default of any User.
The services rendered through the Website or App are just tools to facilitate the transactions and therefore should not be relied upon for any thing other than transactions. Some services may be sourced from third party service providers and the Company should not be held liable for any loss due to use of such third party tools.
The services are dependent on various assumptions; individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate. Any information herein is third party views and in no way should it implied to be views of the Company. The Company is not liable for the use of the information or for any transaction through any investment vehicles or any other third party, which may be engaged in offering of these services.
The Company is not responsible for any errors or omissions or for the results obtained from the use of the Website or Services. The Company disclaims all liability of whatever nature, to any user, on account of the use of the Website or App. In no event shall the Company or its affiliates or its employees, directors or authorized representatives be held liable for any direct, indirect, special, consequential, punitive or exemplary damages of any nature whatsoever, as a result of any shortcoming, defect or inaccuracy of this Website/Service, or otherwise using the information available on this Website in any manner including, but not limited to, any decision made or action taken in reliance upon the Services.
This Website or App may contain views, information, advertising or other materials, submitted by third parties. User acknowledges and agrees that any such information, material and/or data downloaded or otherwise obtained through the Website are done solely on User’s own discretion and risk. The Company accepts no responsibility for the accuracy of any such materials or content, nor does the Company make any representations by virtue of the contents of the Website or App, in respect of the existence or availability of the same in any of the sections contained herein. The Company shall not be responsible for any errors, omissions or representations on any of the pages or on any links on any of the pages.
This Term of Use (“Terms”) applies to the website, www.Peerlend.in and/ or www.fincsquare.com (“Website(s)”) and mobile application, “PeerLendMobileApp” (“App”), both owned and operated by ‘FincSquare fintech Private Limited’ (“Company”), facilitating online credit lending and borrowing services among those interested (“User(s)”) with a web based intelligence platform (“Services”). Any other services offered by the Company or other features, content, or applications offered from time to time by the Company through the Website or App are governed by the following Terms and other policies listed on the Website including but not limited to the Privacy Policy.
Users agree to be bound by these Terms, regardless if they use the Services with or without being registered with the Company. The Company reserves the right to modify these Terms from time to time without prior notice, and each such modification shall be effective upon posting on the Website. Continued use of the Services following any such modification constitutes User’s acceptance to be bound by these Terms as so modified. Notwithstanding anything to the contrary in these Terms, the Company reserves the right to accept or reject a User from registering on the Website or App, without assigning any reason thereof.
1. ELIGIBILITY
1.1. The use of Services and registration on the Website or App is not permitted where it is prohibited by law. By using the Services, the User represents and warrants the following:
2. REGISTRATION
As a condition to register with the Company to use the Services, the User agrees that:
3. LICENSE
The Company grants the User a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on his/her/its personal device as made available through the Website/App. The Company may, from time to time, update or modify the App and Website, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the App or Website through the respective login credentials authenticated for a particular User.
4. USAGE RESTRICTIONS
4.1 Users are prohibited from violating or attempting to violate the security of the Website/ App, including, without limitation the following activities:
4.2 Further, the Users shall not:
5. REMEDIES WITH THE COMPANIES
5.1 User understands and agrees that the Company may review the use of the Services by the User and review any content posted on the App or Website and in case the Company finds, in its sole discretion, that the User violates any of these Terms especially Clause 4, then Company reserves the right to take actions to prevent/control such violation, including without limitation, terminating the membership of such Users and/or blocking their use of the Services or removing the offending communication or content from the App or Website, as the case may be.
5.2 The Company shall also be entitled to investigate occurrences, which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
5.3 The User acknowledges that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services. The User also acknowledges that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
6. PROPRIETARY RIGHTS
6.1 User acknowledges and agrees that the Company or Company’s licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the App and/or Website, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
6.2 Unless agreed otherwise in writing with the Company, nothing in the Terms gives the User or any third party a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from the User under these Terms in or to any content that the User submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Company agrees to otherwise in writing, User agrees that he/she is responsible for protecting and enforcing those rights and that Company has no obligation to do so on User’s behalf.
6.4 User agrees that he/she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
6.5 User agrees that in using the Services, he/she will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
7. COPYRIGHT COMPLAINT
If a copyright/ intellectual property owner or an agent thereof believes that any User content or other content on the App or Website infringes upon their copyrights or other intellectual property, kindly contact the Company at contact@Peerlend.in.
8. CONFIDENTIAL INFORMATION
8.1 User may be given access to certain non-public information, software and specifications of the App (“Company’s Confidential Information”), which is confidential and proprietary to the Company. User may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.
8.2 User agrees that he/she will not disclose Company’s Confidential Information without Company’s prior written consent.
8.3 User agrees that he/she will protect Company’s Confidential Information from unauthorized use, access, or disclosure in the same manner that User would protect User’s own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
8.4 Company’s Confidential Information includes, without limitation:
8. 5 Company’s Confidential Information does not include information that:
8.6 User also agrees to protect all the personal and other information of the other Users which are confidential and proprietary to the particular User in the same manner as it is protected as his/her/its own confidential and proprietary information.
9. USER ACCOUNT
9.1 Company acknowledges that it employs industry standard security protocol to ensure that the information, which User stores in, transmit or transfer through the App and/or Website, is protected. The App and/or Website are hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL.
9.2 The User shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under his/her username. The User agrees to: (a) notify the Company immediately of any unauthorized use of his/her username and passwords or any other breach of security; and (b) ensure that the User has logged off from your account at the end of each session.
9.3 The Company will not be liable for any loss or damage arising from the User’s failure to comply with this clause.
10. COMMUNICATION
User agrees and understands that all communication between the Company and User shall be through electronic medium, such as emails or notices placed on the Website. User consents to receive communications via electronic medium from the Company periodically and as and when required.
11. MODIFICATIONS
The Company may, at any time, modify these Terms to reflect changes to the law or any change in its Services. The Company may post notice of modifications to these Terms on the Website and such changes will become effective from the date they are posted on the Website. If User does not agree to the modified Terms, he/she should discontinue their use of the Services through the Website or App. Amendment to or modification of these Terms will be considered accepted and binding upon the User if the User continues to use the Services even after such changes to these Terms.
12. TERM & TERMINATION
12.1 These Terms shall remain in full force and effect for the duration of the availed Service or unless and until User’s account is terminated as provided herein. User may terminate his/her account as per the instructions provided in the Website or App and end their use of the Services at any time. Upon such termination for any reason, User shall cease to have access to the App and to the use of any Company’s specifications.
12.2 Any licenses contained in this Agreement will terminate automatically without notice if User fails to comply with any provision of this Agreement.
12.3 The Company further reserves the right to terminate this Agreement or discontinue the Services provided through the App or Website or any portion or feature thereof for any or no reason and at any time without liability to the User.
12.4 User shall delete all copies of the App, Company’s specifications and Company’s Confidential Information, other Users’ personal and confidential information and shall further cease and desist from distributing or developing the App and/or Website, specifications and information.
12.5 The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
12.6 Sections 5, 8, and 14 through 17 of this Agreement shall survive following any termination of this Agreement.
13. THIRD-PARTY CONTENT
13.1 The Company may contain features and functionalities that promote and allow access to third party content, including websites, information, products or services. If User has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, Company shall not be responsible for the same.
13.2 Additionally, the Company or third parties may provide hyperlinks, or any other form of link or redirection of User’s connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the Website or App and the inclusion of any link on Website or any network does not imply the Company’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.
14. DISPUTES
14.1 These Terms shall be governed by and interpreted and construed in accordance with the laws of India. In case of a dispute between the Parties which cannot be amicably resolved through negotiations within thirty (30) days from the first date that a Party notifies the other of such dispute arising out of or in connection with this Agreement, the dispute shall be submitted, by either Party, to binding arbitration. The arbitration shall be conducted by a sole arbitrator, mutually appointed by the Parties or by the competent court. The seat of arbitration shall be Hyderabad, India, and shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, the Parties may apply to the courts of competent jurisdiction in Hyderabad, State of Telangana, for preliminary or interim equitable relief, without breach of this arbitration provision.
14.2 If anyone brings a claim against the Company related to User’s actions, content or information on the App/ Website, User will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold the User or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by the User. Although the Company provides rules for User conduct, the Company does not control or direct Users’ actions on the App/ Website and is not responsible for the content or information Users transmit or share on or use in the App/ Website. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the App. The Company is not responsible for the conduct, whether online or offline, of any User.
15. Disclaimer and Limitation of Liability
15.1 THE COMPANY TRIES TO KEEP THE APP/ WEBSITE, BUG-FREE, AND SAFE, BUT THE USER AGREES TO USE IT AT HIS/HER OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.2 THE COMPANY DOES NOT GUARANTEE THAT THE APP/ WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
15.3 THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER MAY OBTAIN FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET HIS/HER EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
15.4 THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USER RELEASES THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS AGAINST ANY SUCH THIRD PARTIES.
15.5 THE COMPANY WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR WEBSITE.
15.6 IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.7 THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.
15.8 IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE APP/ WEBSITE, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE APP IN THE LAST YEAR
16. Contact Us
If there are any questions regarding these Terms of the Services, the User may contact us at contact@Peerlend.in or 040.35662052.
17. General
17.1 These Terms along with the Privacy Policy make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.
17.2 If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
17.3 The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
17.4 Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
17.5 User will not transfer any of User’s rights or obligations under these Terms to anyone else without the Company’s consent.
17.6 All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
17.7 Nothing in these Terms shall prevent the Company from complying with the applicable laws.
17.8 These Terms do not confer any third party beneficiary rights.
17.9 User should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information User submits to the Company.
17.10 The Company reserves all rights not expressly granted to User.
17.11 If under any law, User is entitled or obligated to act contrary to these terms, User consents to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before User acts in such manner.
This Privacy Policy (“Policy”) applies to the website, www.Peerlend.in and/ or www.fincsquare.com (“Website(s)”) and cross platform mobile application software, “PeerlendMobileApp” (“App”) facilitating credit lending and credit borrowing services (“Services”), developed, owned, operated and offered by FincSquare fintech Private Limited (“Company”). This Policy describes the Website, Platform and App’s use and sharing of information received from persons accessing or using the Services (“User”), such information being related to the Users or other persons downloading, accessing or using the App or Website. The Company adheres to the applicable laws regarding the collection, use, and retention of personally identifiable information (“Personal Data”) of the User.
By visiting the Website and/or downloading the App, the User hereby acknowledges and consents to the collection, use, disclosure and storage by the Company, of User’s own Personal Data received by the Company by virtue of the User’s usage of App/Website in the manner described in this Policy. In addition, the User also agrees to be bound by the terms and conditions of this Policy while using or accessing the App/Website. If the User does not agree with the terms of the Policy, he/ she should not access or use the App/ Website.
This Privacy Policy is subject to the Terms of Use and incorporated therein by reference.
1. INFORMATION COLLECTED FROM USER
1.1 When User registers with the Website or App, the User may be asked to provide Personal Data including without limitation: (1) personally identifiable information, which includes any information about the User that could reasonably be used to identify him/her in person, such as User’s name, gender, business name, address, email address, date of birth, date of incorporation, any photo identity proof, address proof, phone number etc. (“Personal Information”); and, (2) financial information such as User’s income, credit/debit card details, bank details, financial accounts details, Credit Report information etc. (“Financial Information”). Personal Data shall also include the information of such third parties that the App/ Website may have access to during the course of providing the Services to the Users. The App/ Website may also collect recurring information of the User’s geographic locations on a continuous basis.
1.2 In addition to any Personal Data, that User chooses to submit to the Company, the Company and its third-party service providers may use a variety of technologies that automatically collect certain information, including but not limited to usernames, passwords, phone number(s), email ids, geographical location and other security and usage related information, whenever User visits or utilizes the Services (“Usage Information”). The Company also automatically receives and records information that User’s browser sends whenever User visits the Website/ App. Further, these server logs may include information such as User’s IP address or a unique identifiers of the device such as VPN, information of WIFI connectivity and such other information (“Device Identifier”), browser type, browser language, the date and time of User’s request, pages viewed, time spent on the Website or App and one or more cookies that may uniquely identify the User’s browser, from his/her computer or other device used to access the Services (the “Device”). A Device Identifier is a number that is automatically assigned to the User’s Device, used to access the Services, and the Company’s computers identify User’s Device by its Device Identifier.
1.3 In order to provide smooth and uninterrupted Services, the App shall periodically access the address book or contact list on User’s mobile phone/device to locate the mobile phone numbers of other Users. To ensure a better user experience, the App may also at times, access names stored in the User’s address book to ensure any incoming messages and push notifications via the SMS feature having a name associated with them. For example, if the App cannot access names on User’s address book, when a non – App user responds to a SMS sent from the App, the incoming reply will show the non- App user’s number and not the name.
1.4 The App/ Website uses data collection devices such as “cookies” on the User’s Device drive that assist the App/ Website in providing Services. The App also uses cookies to allow User to enter his/her password less frequently during a session. For example, the information provided through cookies may be used to recognize a User as a previous user of the App (so the User does not have to enter his/her personal information every time). Most cookies are “session cookies”. A Session cookie is temporary and is automatically deleted from User’s device at the end of a session. Users are always free to decline App’s cookies if the application permits, although in that case User may not be able to use certain features on X and User may be required to re-enter the user’s password more frequently during a session.
2. USE OF SUCH INFORMATION COLLECTED
The App/ Website may use the Personal Data and other information collected for any of the following purposes –
3. DISCLOSURE OF PERSONAL INFORMATION
3.1 The Company shall not rent, sell, or otherwise provide Personal Data received from the User to third parties without consent of the User, except as described in this Policy or as required by law. However, the Company and its affiliates reserve the right to share, sell and transfer some or all of the Personal Data to other business entities should the Company, or its assets, plan to merge with, or be acquired by that business entity.
3.2 The App/ Website may share the Personal Data received from the User with the Company’s other corporate entities and affiliates in connection with matters relating to the consumption of Services by the User to help detect and prevent identity theft, fraud and other potentially illegal acts; correlated or multiple accounts to prevent abuse of Services; and to facilitate joint or co-branded services that the User request where such services are provided by more than one corporate entity other than the Company.
3.3 The Company may disclose Personal Data, if required to do so by law or regulation; to its legal counsel, law enforcement officers, governmental authorities who have asserted their lawful authority to obtain the information or where the Company has in good faith reasonable grounds to believe that such disclosure is reasonably necessary to enforce its Terms of Use or this Privacy Policy and the information could be useful in the investigation of unlawful activity.
3.4 The Company has implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from the User in the Company’s care. The Company’s security practices and procedures limit access to Personal Data on need to know basis only. Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.
4. SECURITY OF INFORMATION COLLECTED FROM USERS
4.1 The User agrees and acknowledges that the Personal Data and other information are stored on the secured servers and/ or data centres that may be placed in India or outside India. The Company is committed to protecting the security of any Personal Data and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data from any unauthorized access, use or disclosure. The Company will take all reasonable measures in furtherance of the above commitment. However, the Company cannot guarantee that the Personal Data received from the Users and other information stored on the servers will be absolutely protected. Company’s systems and the communication networks through which User’s access the App/ Website may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer "hacking", data theft or and physical theft among others. In such situations, the Company will try to rectify the problems as soon as possible.
4.2 Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data received by the App/Website from the User in an appropriate manner as per the industry standard practices and norms.
4.3 To ensure and maintain standards of data protection and information security, the Company complies with and maintains the International Standard IS/ISO/IEC 27001 on “Information Technology – Security Techniques – Information Security Management System – Requirements” in accordance with the Reasonable Security Practices and Procedures as stipulated under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
5. THIRD PARTY LINKS
The User agrees to comply with all third party privacy policies, if any, applicable to the use of such applications or its services. The Company is not responsible for the User’s use of any third party product and/or service including the terms and conditions, privacy practices or the content of those linked websites or such third party product and/or service or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of such mobile applications.
6. INTERNATIONAL TRANSFER OF DATA
In the process of providing Services to its Users, the App/ Website may transfer the Personal Data and other information that it collects to affiliated entities or other third parties across borders, and from the User’s country or jurisdiction to other countries or jurisdictions around the world. The Users understand, acknowledge and consent to transferring information and permitting the transfer of information, including Personal Data, to a country and jurisdiction that does not have the same data protection laws as the User’s jurisdiction. The User hereby consents to the transfer of his/ her information across countries or jurisdictions around the world.
7. GOVERNING LAW
The usage of the Services is exclusively governed by the laws of India and the jurisdiction of the courts in the State of Telangana. The Company expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
8. MODIFICATIONS
Any changes in this Policy by the Company shall be posted on the Website to reflect changes in its policy so that the User is always aware of what information the App collects, uses, and under what circumstances, if any, the App may disclose it. User should periodically review the abovementioned page for the latest information on the App’s privacy practices. Once posted, those changes are effective immediately. Continued access or use of the Application constitutes the User’s acceptance of the changes and the amended Policy.
9. ADVERTISEMENTS
The App/ Website may use third-party advertising companies to serve advertisements when the User contacts it. These companies may use information (not including name, address, email address, or telephone number of the user) about the User’s visits to this and other websites in order to provide advertisements about goods and services of interest to the user.
10. SECURITY PRECAUTIONS
To ensure and maintain standards of data protection and information security, the App will secure the information which the User provides in accordance with applicable laws and industry standards and technology to protect the loss, misuse, and alteration of the User’s information under Company’s control. Whenever the User changes or accesses his/ her account information, the App offers the use of a secure server. Once the user information is in the App’s possession, the Company adheres to strict security guidelines, protecting it against unauthorized access.
11. QUESTIONS/GRIEVANCES
Any grievances or questions regarding this statement should be directed to the following e-mail address: “support@Peerlend.in”
By accessing, using and/or registering on www.Peerlend.in and/ or www.fincsquare.com (“Website(s)”) or PeerLend Mobile App (“Äpp”) of FincSquare fintech Private Limited (“Company”), User have read, understood and agrees to be legally bound by the terms of this Disclaimer, the Privacy Policy and the Terms of Use governing the Website and App (collectively, “the Governing Conditions”). User’s usage of the Website or the App is entirely at User’s own risk. If User does not agree with any of the Governing Conditions, User should discontinue usage of the Website and/or App immediately. If User continues the use of the Website/ App, then it shall mean your deemed acceptance to the Governing Conditions, as modified from time to time.
The Company makes no representation, warranty or guarantee as to the quality, accuracy, completeness, performance or fitness of any article, tool, calculator, or any other material published on this Website. All materials published here are for general guidance and the Company will not be held liable or responsible for any typographical mistake or any other kind of error. Further User agrees to use these materials on its own risk and in case of any loss, the Company will not be held liable.
The Company makes no representations, warranties or guarantees (express or implied) that the contents of the Website/ App are free from viruses, malware, Trojan Horses, spyware or any other programme code, which has contaminating, or destructive properties, and shall have no liability in respect thereof. Any of the Services may be prone to shortcomings, defects or inaccuracies due to technical reasons. Further, the Company makes no representation, warranties or gurantees about the genuineness and creditworthiness of any registered User and hence the Company shall not be held liable for the default of any User.
The services rendered through the Website or App are just tools to facilitate the transactions and therefore should not be relied upon for any thing other than transactions. Some services may be sourced from third party service providers and the Company should not be held liable for any loss due to use of such third party tools.
The services are dependent on various assumptions; individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate. Any information herein is third party views and in no way should it implied to be views of the Company. The Company is not liable for the use of the information or for any transaction through any investment vehicles or any other third party, which may be engaged in offering of these services.
The Company is not responsible for any errors or omissions or for the results obtained from the use of the Website or Services. The Company disclaims all liability of whatever nature, to any user, on account of the use of the Website or App. In no event shall the Company or its affiliates or its employees, directors or authorized representatives be held liable for any direct, indirect, special, consequential, punitive or exemplary damages of any nature whatsoever, as a result of any shortcoming, defect or inaccuracy of this Website/Service, or otherwise using the information available on this Website in any manner including, but not limited to, any decision made or action taken in reliance upon the Services.
This Website or App may contain views, information, advertising or other materials, submitted by third parties. User acknowledges and agrees that any such information, material and/or data downloaded or otherwise obtained through the Website are done solely on User’s own discretion and risk. The Company accepts no responsibility for the accuracy of any such materials or content, nor does the Company make any representations by virtue of the contents of the Website or App, in respect of the existence or availability of the same in any of the sections contained herein. The Company shall not be responsible for any errors, omissions or representations on any of the pages or on any links on any of the pages.
Listing Status Member Status Present Address Office Address
Listing Status Member Status Present Address Office Address
