TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE finin PORTAL OR USING THE finin SERVICE, YOU AGREE TO BE BOUND BY THE (1) finin TERMS OF SERVICE, AND (2) finin PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE finin PORTAL OR USE THE finin SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

What are you agreeing to?

1.1 The Parties to this Agreement

These terms of service describe a contractual relationship("Agreement") between you ("you" or "your") and Dinero InnovationsPvt. Ltd. ("finin," "we," "us," "our"), regarding your use of this web site www.finin.in and a mobile application (collectively"the Portal"), your access to your finin account information and service through the Portal (together, the "finin Services" or "Services").

1.2 Who are We?

Finin is a neo banking product offered by its authorised financing partners through Finin's technology platform, which allows you to to manage and spend money seamlessly

1.3 Changes to this Agreement

Finin may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Pay Now" button below the updated agreement). If this Agreement is changed, Finin will give notice to users by posting a new version of this Agreement on the Portal 7 days before that version becomes effective. If Finin makes any changes to this Agreement that it deems to be material, Finin will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to the Portal from time to time to see if it has been changed. The continued use of the Portal following the notification of modification of the Agreement will be construed to mean the acceptance of the modified Agreement.

1.4 Representations, Warranties and Undertakings
  1. You represent that you are above 18 years of age, of sound mind and resident of India and are competent to execute this Agreement.
  2. This Agreement is a legal, valid and binding obligation on you, enforceable against you in accordance with its terms. You agree to use the Services only for purposes that are permitted by (i) this Agreement; and, (ii) any applicable law.
  3. The information provided by you is correct and true
  4. You acknowledge and agree that Finin is entitled to remove any / all the information on the Portal that is in contravention of the provisions of this Agreement.
  5. You understand that Finin does not provide any warranties for its Services and shall not be made liable for any claims made by you or any third party, and in this regard, you undertake to accept and be solely liable for the Services availed by you from Finin. You further undertake to indemnify and hold harmless Finin, its affiliates and their respective directors, officers, employees, agents and representatives against all damages suffered or losses incurred by Finin arising due to any act, omission or claim initiated by you or any third party in relation to the Services availed by you.
1.5 Enquiry

You hereby authorize Finin, on behalf of the Financing Partner, to make any enquiries with any other finance company/bank/ registered credit bureau regarding your credit history with them.

1.6 DND

You hereby express your intent to know through telephonic calls, or SMS on your mobile number mentioned in the application form or any other alternate number of yours as well as in this undertaking, or through any other communication mode, various Finin loan offer schemes or loan promotional schemes or any other promotional schemes and hereby authorize Finin and its employee, agent, associate to do so. You confirm that laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from Finin, its employees, agents and/or associates.

How Finin will serve you?

2.1 The Service

Subject to a risk assessment conducted by Finin on you, Finin shall choose a suitable financing partner for you (“Financing Partner”) and facilitate execution of the loan agreement between the Financing Partner and you so that you may purchase the Products utilising such funds. While Finin shall make reasonable efforts to ensure that you find a suitable financing partner, Finin does not guarantee the same to you. If you agree to use "Buy with Finin, you may be required to, if applicable, pay a token amount as a down payment to Finin at the time of purchase of the Product, along with a nominal service charge (details provided below). The Financing Partner will fund the remaining cost owed to the Merchant in exchange for your promise to repay the same amount plus a finance charge as determined by the Financing Partner based on your creditworthiness. An approved limit shall be sanctioned to you by the Financing Partner, details of which shall be available on your Finin account. Subject to this credit limit, you may be permitted to obtain disbursements from the Financing Partner to buy the Products, by confirming the disbursal amount and other terms and conditions of the disbursal (as determined by the Financing Partner), on the Portal. In cases where the partner website is running an interest-free offer, the finance charges will be borne by the partner website and will not be paid by you Finin shall provide to you the following facilities (“Services”)

  1. to facilitate the agreement between the Financing Partner and you with regard to obtaining the approved limit for you to purchase Products from the Merchants (“Loan Agreement”);
  2. to make the payment on your behalf to the Merchant for the Product purchased using the down payment made by you (if applicable) and the funds offered by the Financing Partner as a loan;
  3. to collect equated monthly instalment (as determined by the Financing Partner) from you in order to forward it to the Financing Partner in relation to the loan you have obtained;
  4. to create and maintain your accounts in relation to the Products purchased, loan availed and interest and principal repayments for such loan, on the Portal.

Finin is the technology and operating partner to its financing partners. As a service provider, Finin is fully responsible for communicating, transacting and processing on behalf of its financing partners. At no point, Finin is representing itself as a lending company. Please refer to your Loan Agreement for details on your contract with the Financing Partner.

Finin reserves the right to add new functionalities, remove existing functionalities or modify existing functionalities to its Services as and when it deems fit and at its sole discretion.

2.2 Authorised Financing Partners.

Finin has tied up with multiple financial partners to ensure you get the best financing options.

2.3 Cancelling Transactions

The loan approval process is as per the discretion of the Financing Partner. Finin may choose not to provide Service to you or to specific Merchant sites at any time (even after execution of the loan agreement with a financing partner) for any reason, including but not limited to, your creditworthiness, your history of transactions on our Portal, the Merchant's account history or any other reason. Finin may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.

2.4 Collecting Information About You

The Privacy Policy as provided in https://Finin.in/privacy shall be treated as part of this Agreement. You undertake that you shall carefully read through the Privacy Policy and shall strictly comply with the terms of the Privacy Policy.

By using the Portal or Finin Services, you authorize Finin, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Finin reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.

You agree to provide unconditional and absolute consent to Finin to use and share the information provided by you in relation to the Services. Finin shall take all reasonable steps to ensure that the information received from you is secure, and is accessible only to the relevant persons.

Finin shall not be liable in case you breach any terms or conditions provided under the Privacy Policy. You shall also be liable to indemnify and hold harmless Finin, its affiliates and their respective directors, officers, employees, agents and representatives to the extent of any and all damages suffered or incurred by Finin in relation to such breach.

2.5 Credit Investigation and Reporting

By using the Finin Service, you give Finin, on behalf of the Financial Partner, permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal, account collection action or dispute investigation. You understand that Finin or its financial partners will report data your account to credit bureau agencies. In case you repay late or default on your repayments, this will have an adverse impact on your credit score hampering your chances of getting loans in the future.

2.6 Collection.

You agree to allow Finin, on behalf of the Financing Partner, to send you payment reminders from time-to-time. You also agree that if you fail to pay any amount owed to Finin or the Financing Partner pursuant to this Agreement or the Loan Agreement, Finin may engage in collection efforts to recover such amounts from you. These collection efforts may involve, inter alia, contacting either you directly or any other contact details provided by you at the time of joining Finin, submitting your information to a collection agency, or taking legal action. Failure to pay may affect your credit score.

2.7 Communication & Notification.

You agree that Finin may provide you with communications about your account and the Finin Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Finin reserves the right to close your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third-party site on which the Finin Service relies (e.g., Facebook, Twitter, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via SMS or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it

If we need to contact you to service your account, you give direct consent to us and our permitted assigns to communicate with you in any way, such as calling, texting, or e-mail via: a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),

  1. any email address you provide to us or one of our Merchants
  2. automated dialer systems and automatic telephone dialling systems
  3. pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited (do not follow DND system) for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.

2.8 Working with Third Parties.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Finin account, you acknowledge that Finin may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Finin responsible for, and will indemnify Finin from, any liability arising from the actions or in actions of this third party in connection with the permissions you grant.

Your use of Finin?

3.1 KYC Procedure.

In compliance with the Master Direction - Know Your Customer (KYC) Direction, 2016 (‘Directions’) issued by the Reserve Bank of India (RBI), undergoing KYC verification is mandatory in order to become a registered & approved user on our platform.

At the time of registration, we ensure that the user is the person who he/she claims to be. This is to prevent fraudsters from using the name, address and forged the signature of others for doing fraudulent transactions, etc. For this purpose, the user has to submit documents/details according to his/her profile. Our app-based service facilitates a seamless digital submission process wherein images of original documents are digitally submitted to us for verification. Once the documents are successfully submitted to us, our KYC team analyses the document details and in case some information is missing/not legible/tampered, our executives contact the user to have the information corrected/resubmitted.

The procedure of the Registration starts by verifying the number of the user via sending an OTP at his/her mobile number shared. Further, below is the list of acceptable documents collected from our users during the time of an initial application:

  1. Proofs which are mandatorily required from all users:
    1. Proof of Identity: -> PAN Card/ Form 60; PAN Card in case of salaried/self-employed is mandatorily required.
    2. Proof of Address: -> For Permanent Address: Driving License/ Voter Id/Passport/Aadhar Card ->For Current Address: Electricity bill/ Gas bill/Rent Agreement/Water bill/Telephone Bill/ Post-paid mobile bill/PG Rent Receipt
  2. Other identification Proofs: Includes College ID/ Employee ID. In case of Employee ID is not available then employee’s official email ID verification process is available.

Users are also required to click a selfie and the same will be uploaded in his/her application. Lastly, the user is required to digitally sign the Term & Conditions as well as the uploaded documents, using valid electronic modes of signature, after which the initial KYC document submission procedure is completed

Post the submission, the KYC team shall verify the documents. Once the document verification process is cleared, the application is considered for On-Site Verification (OSV). The user is to schedule a time for the OSV process. In the allocated timeframe, our authorized agent visits the user at his/her current address location to compare the copy of the OVD submitted electronically with the original and recording the same on the agent’s digital transaction device. The agent thereby collects/captures the following through the digital transaction device/app:

  1. Live image of the user
  2. Image of the Proof of Address
  3. Image of the Proof of Identity
  4. Image of the user’s signature on a white sheet of paper

The KYC verification process is complete once the OSV submission is done.

3.2 Agreement to Provide Accurate Information.

When you provide information to Finin, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

3.3 Delays in Processing.

In some cases when you attempt to use the Finin Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Finin or the Merchant and can be cancelled at any time until it is confirmed by Finin.

3.4 User Responsible for Fees.

If you use the Finin Services, you shall be levied non-refundable service charges, details of which are available here service charges. You are also responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.

3.5 Remittance and Repayment.

In order to purchase Products (either on the Portal or on the designated Merchant portal), you may be required to, if applicable, pay a nominal amount as a down payment to Finin vide the below mentioned acceptable methods of payment at the time of placing the order. The remaining cost of the Products (after making the down payment, if applicable) shall be financed by the Financing Partner in accordance with the Loan Agreement.

You may use one of the acceptable methods of payment to make automatic monthly account payment. Currently, acceptable methods of payment are:

  1. Debit Card - Payments made by debit card will be subject to the terms and conditions established by the debit card issuer. If charges cannot be processed through your debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and Finin will have no liability with respect thereto.
  2. NEFT /TPT Transfer
  3. UPI
3.6 Access to Your Account.

You are responsible for maintaining the secrecy and security of the login credentials to your Finin account, controlling the activities that occur in or through your Finin account and for restricting access to your system to prevent unauthorized access to your Finin account. You agree to accept responsibility for all activities that occur in your Finin account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Finin account and to any third party account you have used to login to your Finin account. You agree to inform us immediately if you have any reason to believe that your login credential has become known to anyone else, or if the password is being or is likely to be used in any unauthorized manner. Any breach of security or unauthorized use of your Finin account will not make Finin liable to indemnification. You are also responsible for maintaining the accuracy of the information in your Finin account.

3.7 Portal Content.

The information on the Portal is for information purposes only. It is believed to be reliable, but Finin does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Portal, and in this Agreement, are subject to change notice of which shall be at the sole discretion of Finin

Finin shall provide to you basic support for the Services and shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Finin shall give at least 4 hours notice), or (ii) any unavailability caused by circumstances beyond Finin’s reasonable control. Call centre support services shall be provided from 10 a.m. to 7 p.m., 7 days a week (excluding public holidays).

Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  1. servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
  2. software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  3. overload of system capacities;
  4. damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, an act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  5. interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppages (whether partial or total) of labour;
  6. governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  7. any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Finin.

Finin assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption or errors in the operation of the Portal

3.8 Links to Other Websites.

Links to non- Finin websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Finin has no control over the content on such non-finin websites. Finin makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Finin warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Finin, you must do so at your own risk. Finin does not guarantee the authenticity of documents on the Internet. Links to non-finin websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

3.9 Closing Your Account.

You may close your account at any time by contacting us at hello@finin.in. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment to Finin or the Financing Partner, Finin will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Finin will retain your information in accordance with our Privacy Policy.

Without prejudice to any other rights or remedies which it may have, Finin shall have the right to terminate your access or usage rights to the Services, for any reason whatsoever (including but not limited to non-compliance with any applicable laws or this Agreement), at any time without any prior notice to you.

3.9.1 Dormant Accounts.

Finin may close your account if you do not log in to the Portal or use the Finin Services for 2 or more years. Finin will retain your information in accordance with this Agreement and our Privacy Policy.

Transactions

We reserve the right to assign and transfer the transaction to any person, including, but not limited to Financier, as deemed appropriate by us and to disclose to such Financier all such information (including your Personal Data) as we may deem appropriate for the purpose of loan creation.

How you may NOT use Finin?

By using the Portal or Services, you agree to the following.

  1. You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with Finin.
  2. You will not solicit others to perform or participate in any unlawful acts
  3. You will not provide false, inaccurate, deceptive or misleading information.
  4. You will not provide information belonging to any person other than yourself.
  5. You will not use or attempt to access an account that belongs to another person for yourself or on behalf of another person.
  6. You will not use or attempt to access an account that belongs to another person for yourself or on behalf of another person.
  7. You will not attempt to collect or track the personal information of others.
  8. You agree not to create multiple accounts, or fraud or fake accounts, with false information or false identity or use the Portal for any unlawful or immoral purpose
  9. You agree not to collect contact information of our Financing Partners from the Portal by means of unsolicited access so as to communicate directly with the Financing Partners
  10. You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services, to surreptitiously intercept or expropriate any system, data or personal information from the Services, or to affect the functionality or operation of the Portal or any related website, other websites, or the Internet
  11. You will not breach this Agreement or any other agreement or policy that you have agreed to with Finin.
  12. You will not use the Services to accomplish a cash advance.
  13. You will not commit unauthorized use of the Portal and systems including but not limited to unauthorized entry into Finin systems, misuse of passwords, misuse of any information posted to a site, or interfere with or circumvent the security features of the Portal or any related website, other websites, or the Internet.
  14. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
  15. You agree to make use of the Portal for lawful purposes without infringing the rights or restricting the use of the Portal by any third party.
  16. You shall not attempt or cause any unauthorized access to the Portal or any networks, servers or computer systems connected to Portal or attempt to modify, adapt, translate or reverse engineer any part of the Portal or re-format or frame any portion of the pages of the Portal.
  17. You shall not upload, display, share, host, publish and/or transmit any information on the Portal that
    1. belongs to another person and to which you do not have any right to such information;
    2. is harmful, offensive, harassing, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    3. infringes any patent, trademark, copyright or other proprietary rights;
    4. harms minors in any way or impersonates another person;
    5. any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services);
    6. information that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

Finin’s Disclaimers and Liabilities

Disclaimers and liabilities of Finin (“Finin Disclaimers”), as provided in https://finin.in/disclaimer shall be treated as part of this Agreement. You undertake that you shall carefully read through the Finin Disclaimers and shall strictly comply with the terms of the same.

  1. Notwithstanding anything to the contrary contained herein, Finin, its affiliates and their respective directors, officers, employees, agents and representatives shall have no liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to this Agreement
  2. Finin in no manner warrants or guarantees the performance of the Financing Partner and you acknowledge that Finin shall in no manner be responsible for any claim of money or damages in the event the Financing Partner fails to grant loan.
  3. Finin does not make any representations or warranties on behalf of any of the Financing Partners.
  4. Finin expressly disclaim all warranties of any kind as to the Portal and all information, and other content (including that of third parties) included in or accessible from the Portal, whether express or implied.
  5. You further agree that Finin, its affiliates and their respective directors, officers, employees, agents and representatives shall in no way be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
    1. the use or the inability to use the Service/ Portal;
    2. the cost of getting substitute Services; and/ or
    3. any data, information or Services purchased or obtained or messages received or transactions entered into, through or from the Portal.
  6. Finin makes no warranty that:
    1. the Portal will meet your requirements;
    2. the Portal will be uninterrupted, timely, secure, or error-free;
    3. the results that may be obtained from the use of the Portal will be accurate or reliable;
    4. the quality of Services purchased by you or information obtained by you through the Portal will meet your expectations.

Miscellaneous

7.1 Disputes with Finin

If a dispute arises between you and Finin, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Finin at hello@finin.in to try resolving your problem directly with us.

7.2 Updating Your Contact Information

You can update the mobile phone number or email address registered with Finin by submitting a request through the 'contact us' link at www.finin.in, or emailing hello@finin.in.

7.3 Indemnification

In the event of any breach by you of any term, representation, warranty, covenant or agreement made or given by you in this Agreement, you undertake to indemnify and hold harmless Finin, its affiliates and their respective directors, officers, employees, agents and representatives (together “the Indemnified Party”) to the extent of any and all damages suffered or incurred by the Indemnified Party in relation to such breach of representation or warranty, covenant or agreement.

7.4 Transferability of the agreement

This Agreement, or any right or interest therein, shall not be assignable or transferable by you without the prior written consent of Finin. Rights and obligations of Finin under this Agreement are freely assignable in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

7.5 Jurisdiction of the agreement

This Agreement will be governed by and construed in accordance with Indian laws. All the matters arising out of herefrom shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

7.6 Entirety of the agreement

This Agreement makes up the entire agreement between Finin and you regarding the subject matter hereof and supersedes any prior agreements.

7.7 Severability

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

7.8 No Waiver

If Finin fails to enforce any part of this Agreement, it will not be considered a waiver.

7.9 Compliance of laws

You will comply with all applicable laws when using or accessing the Portal and while availing the Services.