2nd January 2018
The Site is owned by Etyacol Technologies Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 346-4, 4th Main Road, Upper Palace Orchards, Sadashivanagar, Bangalore, Karnataka, 560080 (hereinafter referred to as the "Company").
We reserve all rights under intellectual property law in the Site and in any content that is on the Site or in the Services. Except as We may expressly state in writing, You shall not reproduce, reprint, publish, or otherwise exploit content or technology from the Site without our prior express consent.
You agree and understand that the Site is an internet enabled electronic platform that facilitates communication for multiple purposes such as identifying money changers to buy and sell foreign currency, identify financial institutions or individuals for a secured or unsecured loan, identify companies which offer insurance and; services which would be added by Us on a time to time basis (collectively known as “Services”). You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or directly engage in the currency exchange activities including buying, selling, exchanging or depositing currencies of any country and/or origin. Nor do we directly disburse loans, or issue an insurance. Cashkumar is merely a facilitator for bringing together borrowers, institutional lenders, individual lenders and insurers. Cashkumar is neither a money changer, insurer nor a financial institution. . While interacting with other users and/or service providers through our Site, with respect to any listing, posting or information we strongly encourage You to exercise reasonable diligence as You would normally apply in traditional off line channels and further practice judgment and common sense before committing to or completing any intended sale, purchase or exchange of currency or exchange, acceptance of a loan, lending a loan or subscribing to an insurance.
You agree that You are the lawful owner having all rights, title and interest in Your information, and further agree that You are solely responsible and accountable for the information which You provide through this Site to any other user and/or service provider and that we act as a mere platform for your online distribution and publication of such information.
You agree that Your listing, posting, information and/or service offered through this Site shall:
I. not be fraudulent, misrepresent, mislead pertaining to buying, selling, exchange etc of any illegal, counterfeit, stolen currency, securing a loan from a financial or individual investor or to claim insurance and/or services;
II. shall not pertain to any currency or services of which You do not have the legal authority to possess, trade, exchange or market or lending of funds which are not legally recognized or accounted for under tax laws;
III. shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
IV. shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party;
V. shall not distribute viruses or any other technologies that may harm the Site or the interests or property of other users or impose an unreasonable load on the infrastructure or interfere with the proper working of the Site;
VI. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade, exchange or attempt to exchange, buy or attempt to buy, sell or attempt to sell any services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
By providing Us any information and/or documents through this Site You hereby grant Us the right to use such information for the purpose of providing the Service and copy, archive, distribute, abridge, transmit, display, translate or to pass such information to any other user holding an account on the Site or any of service providers registered on the Site. We shall reserve the right to incorporate such information as a collective work, database or archive.
YOU WILL BE REQUIRED TO ENTER A VALID PHONE NUMBER WHILE TRANSACTING THROUGH THE SITE. BY REGISTERING YOUR PHONE NUMBER WITH US, YOU CONSENT TO BE CONTACTED BY US AND BY THE SERVICE PROVIDER OR FINANCIAL PARTNER VIA PHONE CALLS (INCLUDING IVRS CALLS) AND/OR SMS NOTIFICATIONS TO PROVIDE YOU RELATED UPDATES PERTAINING TO THE TRANSACTION INTENDED THROUGH THE SITE. THIS CONSENT WILL OVERRIDE ANY "DO NOT DISTURB" (DND) PREFERENCES SET AT YOUR END WITH YOUR TELECOM SERVICE PROVIDER. WE WILL NOT USE YOUR PERSONAL INFORMATION TO INITIATE ANY PROMOTIONAL PHONE CALLS OR SMS. YOU AGREE THAT WE MAY ALSO PROVIDE YOU WITH NOTICES AND OTHER INFORMATION RELATED TO THE SERVICES THROUGH ELECTRONIC MEANS INCLUDING BUT NOT LIMITED TO SMS, EMAILS, MOBILE NOTIFICATIONS ETC AS AND WHEN REQUIRED.
We as a Company take all reasonable measures to investigate the background of the Service Providers registered with Us to ensure their authority to enter into the transactions contemplated herein through our Sit. However, You still agree and acknowledge that:
I. All commercial/contractual terms are offered by and agreed to between any of the buyers/borrowers and sellers/financial institutions/individual lenders through our Site are not within the purview of the Company and the Company shall not be a party to such agreement whether directly or indirectly even if the Company has knowledge of such agreement. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers/borrowers and sellers/financial institutions/individual lenders/insurance companies. Thus, the Company shall not be responsible for any non-performance or breach of any contract entered into between buyers/borrowers and sellers/financial institutions/individual lenders/insurance companies.
II. The Company does not make any representation or warranty as to specifics (such as legality, value, exchangeability, salability, RoI, premium etc) of the currencies or loan and insurance services proposed to be sold or offered to be sold or purchased or offered to be purchased or loan transactions agreed upon or offered to be agreed upon through the Site. The Company does not implicitly or explicitly support or endorse the sale or purchase or exchange of any currency or loan and insurance services on the Site, thus the Company accepts no liability for any errors or omissions, whether on behalf of itself or any third parties including the service providers registered with the Site.
III. The Company cannot and does not guarantee that the concerned buyers, sellers, borrowers and/or lenders will perform any transaction concluded through the Site and the Company is not required to mediate or resolve any dispute or disagreement between such parties using the Site.
IV. You are advised to independently verify the bona fides of any particular user and/or service provider registered with the Site that You choose to deal with through the Site and use Your best judgment in that behalf.
V. The Company does not at any point of time during any transaction between any intended buyers, sellers, borrowers, financial institutions, individual lenders and/or insurance companies through the Site come into or take possession of any of the currencies, loan amounts, insurance premiumsor other services offered by the seller/financial institutions/individual lenders/insurance companies nor does it at any point gain title to or have any rights or claims over the currencies, loans or other services offered by the seller/loan provider to the buyer/borrower. The Company is not responsible for any unsatisfactory or delayed performance of any services offered by the service providers/ financial institutions/individual lenders/insurance companies nor shall the Company be liable for any loss, damages, cost etc suffered by the User pertaining to or arising out of such services offered by the service providers/ financial institutions/individual lenders/insurance companies.
VI. Based on a verbal approval from the borrower, a credit check would be done with some of the banks/NBFCs such as ICICI Bank, Tata Capital, RBL Bank, Capital First, etc but not limited to the same. The credit check can also be undertaken by Cashkumar on behalf of the individual lenders.
VII. The Site is only a platform that can be utilized by users to reach a larger base of service providers registered on the Site to buy, sell and exchange currencies of different countries and related services, avail loans or any insurance policy.
VIII. You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other users/service providers/borrowers/financial institutions/individual lenders/insurance companies which is made available on the Site. You may find other users/service providers/borrowers/financial institutions/individual lenders/insurance companies information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Site. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
IX. When you receive and accept an offer from a bank, NBFC or individual lenders (or any entity) through Cashkumar, you should confirm interest rate, processing fees, tenure and other details with the relevant entity before finalizing the loan. You also confirm to check or have checked the loan deed/agreement for the above details before signing it. You may not hold Cashkumar responsible or accountable for any changes or errors in these details due your own failure to confirm said details during the finalization of loan offer verbally or on legal paper.
X. You need to be sure when lending that the money advanced at your discretion. The company assumes that you have gone through the profile and are fully aware of all borrower details before advancing the loan.
XI. The company does not attest to or vouch for the complete authenticity of profile details, reasons for loan, references or any other information provided by the borrower with reference to the loan and as such will not be liable for any delays or defaults. You are advancing the loan at your sole risk and Cashkumar is not obligated to indemnify you against any losses due to defaults.
XII. The company relies on third party vendors to undertake credit checks, bank statement analysis, social profile analysis, house and/or office verification, eKYC and all related services not limited to these. Borrowers, by using this site, agree and give their consent to such third party vendors as deployed by Cashkumar to undertake their duties for the fulfillment of our loan (or similar financial product) approval process. The company interprets the reports on face value and is not liable for discrepancies arising from a fault in the processes of these third party vendors. You agree to not hold the company, its officers, directors and employees liable for any damage or loss arising out of any faulty/incorrect/incomplete information supplied by them.
XIII. You agree to take all necessary precautions to ensure your financials are in good order before advancing a loan to ensure there is no claims mid-term for return of the principal amount. The company or the borrower will not be liable to honour any requests for return of principal amount before the end of the agreed tenure.
XIV. If you have registered and created an account on https://cashkumar.com as a borrower, you hereby agree/declare that, as per the Master Directions for Non-Banking Financial Company – Peer to Peer Lending Platform released by RBI on October 4th 2017, you declare that the aggregate of all loans taken by you, as a borrower, (a) at any point in time, across all Peer-to-Peer lending platforms, does not exceed ₹ 10,00,000 (Rupees Ten Lakhs) and (b) at any point in time, from a single lender across all platforms, does not exceed ₹ 50,000 (Rupees Fifty Thousand)
XV. If you have registered and created an account on https://cashkumar.com as a lender, you hereby agree/declare that, as per the Master Directions for Non-Banking Financial Company – Peer to Peer Lending Platform released by RBI on October 4th 2017, you declare that your aggregate exposure, as a lender, (a) to all borrowers at any point of time, across all Peer-to-Peer lending platform, does not exceed ₹ 10,00,000 (Rupees Ten Lakhs) and (b) to any single borrower at any point of time, across all Peer-to-Peer lending platforms, does not exceed ₹ 50,000 (Rupees Fifty Thousand)
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If You are a minor i.e. under the age of 21 years, You shall not register as a User of the Site and shall not transact through the Site. As a minor if You wish to use or transact through our Site, such use or transaction may be made by Your legal guardian or parents on the Site. If You access the Site either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that You are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is Your responsibility and You agree to be accountable for the same to other users of the Site.
This Site, all the materials and Services, included on or otherwise made available to You through this Site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. All the currencies sold, purchased and/or exchanged through the Site are governed by different state laws and are in principle subject to the Foreign Exchange Management Act, 1999 (including regulations applicable from time to time) Indian Contract Act, 1872 and Reserve Bank of India regulations in this regard. The Reserve Bank of India regulations as well as the IRDA regulations will be adhered to by the service providers. If the service provider/seller/financial institution/individual lender/insurance companies is unable to meet its obligations under the terms of agreement between the parties due to implications of different state laws, the seller/service provider/financial institution/individual lender/insurance companies will return the amount (if any) received in advance by the seller/service provider/financial institution/individual lender/insurance companies to the buyer/borrower for the transaction contemplated under such agreement between the seller/service provider and the buyer.
We may include in the Site a link to or advertisement of or data from third party web sites or services or products (“THIRD PARTY ADVERTISER”). You agree that we are not responsible or liable for any content or other material on third party sites or services or products displayed through our Site. You also agree that we are not responsible for content or claims supplied by our third party advertiser. We are not responsible for any transactions or dealings between You and any third party advertiser. You agree that We are not responsible for any claim or loss occurred and attributable to third party advertiser.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND OUR PARENT AND OTHER AFFILIATED COMPANIES, AND OUR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM:
I. YOUR USE OR MISUSE OF THIS SITE;
III. YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPERTY, OR PRIVACY RIGHT;
IV. ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL CO-OPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES.
We may terminate Your access to the Site and its related Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with Your account. If you wish to terminate Your account, You may do so by following the instructions on the Site. Any fees or charges for availing the Services paid to Us are non-refundable.
For any query or assistance, feel free to contact us on the following address:
Name of Person: Dhiren Makhija
Email ID: email@example.com