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Introduction
Auxilo Finserve Private Limited (“Auxilo”) is a company incorporated under the laws of India, with its registered office at [Office No. 63, 6th floor, Kalpataru Square, Kondivita Road, Andheri East,
Mumbai 400059, Maharashtra, INDIA] and having CIN [U65990MH2016PTC286516]. Auxilo is a non-banking financial company registered with the Reserve Bank of India (“RBI”) which provides credit facilities to its customers through a digital lending platform (“Financial Products”). Auxilo owns the domain name “www.auxilo.com” as well as the digital application which is accessible on devices which support the Platform and its application.
These terms and conditions ("Terms") forms a legally binding relationship between Auxilo and the visitor or guest users or registered users (“User”) of the website/mobile application (“Platform”) owned and operated by Auxilo. For the purpose of these Terms, wherever the context so requires "You" or "Your" or "Yourself" or "User" shall mean any natural or legal person who has agreed to these Terms on behalf of a corporate or any other legal entity. The term "We", "Us", "Our" shall mean Auxilo.
By clicking on the button “[Get Started ]” option or any other button/checkbox/confirmation of similar nature, or by the virtue of usage of Site or continued usage thereof, You agree to the following:
General
You are required to read these Terms carefully. If You access the Platform or avail any services on the Platform, You shall be subject to the policies that are applicable to the Platform. By mere use of the Platform, You shall be contracting with these Terms including the other policies of Auxilo constitute Your binding obligations, with Auxilo. In the event You do not agree to these Terms, You should not access the Platform or avail the services available on the Platform. You further understand that the access to the Platform and the offer of Financial Products by Auxilo is conditional upon Your irrevocable consent and acceptance of all the terms, conditions and obligations contained herein (as may be amended from time to time). In the event of any conflict between the terms and conditions of specific Financial Products and these Terms, the conditions specific to such Financial Products shall prevail, to the extent it is applicable. The Privacy Policy as provided at [https://www.auxilo.com/privacy-policy.html] (“Privacy Policy”) shall be treated as part of these Terms. You undertake that You shall carefully read through the Privacy Policy and shall strictly comply with the terms of the Privacy Policy.
These Terms constitute an electronic contract formed under the Information Technology Act 2000 (“IT Act”) and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the IT Act. These Terms do not require any physical, electronic or digital signature. This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”) under the IT Act.
The right to use the Platform is personal to You and is not transferable to any other person or entity. You are responsible for all use of Your User Account and for ensuring that all use of Your User Account complies fully with the provisions of these Terms.
Consent for Age
The use of this Platform is limited 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 Platform. Minors i.e. persons under the age of 18 years of age, are restricted from creating an account as a User on the Platform and such persons shall not transact on or use the Platform. If it is brought to the notice of Auxilo that You are under the age of 18 years, Auxilo reserves the right to terminate Your User Account and / or refuse to provide You with access to the Platform.
Account and Registration Obligations
You may access and use the Platform either as a registered user or as a visitor. When You use the Platform as a registered user after creating an account (“User Account”) in order to avail any of the Financial Products provided by Auxilo, You will be responsible for maintaining the confidentiality and security of the information of the User Account, and will be fully responsible for all activities that occur under Your User Account.
You agree to immediately notify Auxilo of any unauthorized use of Your User Account or any other breach of security in relation to Your User Account. You also undertake to ensure that You exit from Your User Account by using the ‘log-out’ and/or ‘sign-out’ button at the end of each session. Auxilo cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
You may be held liable for losses incurred by Auxilo or any other user of or visitor to the Platform due to authorized or unauthorized use of Your User Account as a result of Your failure in keeping the information of Your User Account secure and confidential.
You shall ensure that the information provided by You on the Platform at the time of creating Your User Account as well as subsequently at the time of browsing or availing the Financial Products is complete, accurate and up-to-date. Use of another user's information for availing the Financial Products is expressly prohibited. If You provide any information that is untrue, inaccurate, expired or incomplete (or becomes untrue, inaccurate, expired or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, expired or incomplete, or not in accordance with these Terms, We reserve the right to terminate, block access or suspend for an indefinite period of time Your membership and access to the Platform as well as your User Account.
Financial Products
The Financial Products are available only at the discretion of Auxilo and its affiliates, subject to the individual contractual terms and conditions of such Financial Products on which they are offered and such Financial Products may be withdrawn or amended at any time without notice. The full range of the Financial Products may not be available in all locations. The User acknowledges that certain functions of the Platform would require an active internet connection which can be Wi-Fi or the Local Area Network (LAN) connection. Auxilo does not assume any responsibility/liability if the Platform is not fully functional due to absence/ insufficiency of the required internet connection.
All rates, charges and fees quoted / stated for various Financial Products and schemes and interest rates cited as examples of rates which may be in effect from time to time are indicative rates only and are subject to change at any time at the sole discretion of Auxilo and applicable Indian laws. These charges, fees and rates may change depending upon the assessment made by Auxilo in individual cases upon receiving necessary information and documents.
Data Protection
For accessing the Platform and creating the User Account, Users are required to provide some personal information to Auxilo. The storage, usage and transmission of all information obtained by Auxilo through the Platform, shall at all times be in accordance with the IT Act read with the SPDI Rules and all other applicable laws. If Auxilo obtains any personal data or confidential information while providing Financial Products to the Users, it shall only undertake the processing of such personal data / sensitive information reasonably required in connection with the performance of its obligations in relation to the Financial Products which includes verification of the information of the Users in accordance with the ‘Master Directions on Know Your Customer’ issued by the RBI and in case of Aadhaar based authentication or verification, the Aadhaar and Other Laws (Amendment) Act, 2019 and other rules and regulation framed by Unique Identification Authority of India and confirmation of credit worthiness of such Users. You hereby give your irrevocable consent and authorize Auxilo, to make any enquiries with any government authority including the Unique Identification Authority of India, Reserve Bank of India, other finance company / bank / registered credit bureaus regarding Your credit history with them verification of information provided to Auxilo.
Auxilo has appropriate technical and organisational measures in place to:
i. prevent unauthorised or unlawful processing of any personal data / sensitive information;
ii. protect any personal data / sensitive information against accidental loss, destruction or damage;
iii. ensure the reliability of its employees/contractor having access to the personal data / sensitive information;
You can update the mobile phone number or email address registered with Auxilo or any other information provided by You to Auxilo by submitting a request on the Platform or sending an email at customercare@auxilo.com
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information is one of Our most important assets. Personal and sensitive data including financial information collected (as defined under the IT Act) in stored on computers that are equipped with reasonable technological security measures and procedures in accordance with the IT Act and Rules thereunder. Our current Privacy Policy is available at [https://www.auxilo.com/privacy-policy.html]. If You object to Your personal information being transferred or used in this way please do not use the Platform. By using the Platform, you agree and acknowledge our Cookies Policy which is available at [https://www.auxilo.com/cookie-policy.html].
By using the Platform or availing the Financial Products, You authorize Auxilo, 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 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. Auxilo reserves the right to close, suspend, or limit access to Your User Account and/or the Financial Products in the event we are unable to obtain or verify any necessary information. By availing the Financial Products from Auxilo, You also agree to provide Your consent and full cooperation in enabling Auxilo to validate Your identity and to collect information about You in accordance with our Privacy Policy.
You agree to provide unconditional and absolute consent to Auxilo to use and share the information provided by You in relation to the Financial Products with its affiliates and other partner entities in the ordinary course of business. You also agree and consent to Auxilo to assess the information, based on Your usage of the Platform and Auxilo agrees to take all reasonable steps to ensure that the information received from You is secure, and is accessible only to the relevant persons.
If, at a future date, We (or Our assets) get merged with or are acquired by another business entity, or if We undergo re-organization, amalgamation, restructuring of business or for any other reason whatsoever, all or some of Your personal information may be conveyed, sold, transferred, shared or licensed to other business entities, pursuant to such re-organisation or amalgamation or demerger or restructuring. In the event of such a transaction or situation, the other business entity or the new combined entity will be required to follow the Privacy Policy with respect to Your personal information. Once you provide Your information to Us, You provide such information to Us and our affiliate and We and Our affiliate may use such information to provide You with various services with respect to Your transaction.
Representations, Warranties and Undertakings
You represent and warrant that:
a. You are above 18 years of age, of sound mind and are competent to understand and adhere to the provisions of these Terms;
b. These Terms are a legal, valid and binding obligation on You, enforceable against You in accordance with its terms;
c. If You choose to access the Platform from locations other than India, You shall do so at Your own risk and You would be solely liable and responsible for compliance with applicable local laws and regulations of such location/territory. We accept no liability whatsoever, direct, or indirect or consequential, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through the internet by You in a country other than India will not be interpreted to imply that the laws of the said country govern these Terms and/or use of the Platform;
d. You confirm that You are authorised and not restricted by any legal/regulatory/judicial/quasi-judicial/other authority, to access the Platform and avail of the facilities offered thereon, including to avail the Financial Products. You agree to use the Platform only for purposes that are permitted by: (i) these Terms; and (ii) any applicable law;
e. The information provided by You to Auxilo are correct and true;
f. You acknowledge and agree that Auxilo is entitled to remove any / all the information on the Platform at any time in the manner deem fit by Auxilo; and
g. You understand that Auxilo does not provide any warranties in relation to the use of Platform and shall not be made liable for any claims made by You or any third party. In this regard, You undertake to accept and be solely liable for your actions while using the Platform.
Third Parties and Links
We may pass Your details to other companies in our group. We may also pass Your details to Our agents and subcontractors to help Us with any of Our uses of Your data set out in Our Privacy Policy. For example, We may use third parties to assist Us with delivering the Financial Products to You, to help Us to collect payments from You, to analyse data and to provide Us with marketing or customer service assistance. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing Your personal information if We sell our business or part of it. Other than as set out in these Terms, We shall NOT sell or disclose Your personal data to third parties without obtaining Your prior consent unless this is necessary for the purposes set out in these Terms or unless We are required to do so by law.
The Platform may contain advertising of third parties and links to other websites or frames of other websites of the affiliates of Auxilo. The Platform may also contain links to external websites, having further linked websites, controlled or offered by third parties (non-affiliates of Auxilo), in order to help you find relevant websites, services and/or products which may be of interest to you, quickly and easily. Please be aware that We are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom We transfer Your data in accordance with these Terms and Our Privacy Policy. The Contents displayed or products / services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by Auxilo. Auxilo are also not responsible for the owners or operators of such external links or websites or for any products or services they supply or for the contents of their websites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external websites to which the Platform includes a link infringes the intellectual property rights of any third party).
Communications and Notifications
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and other methods using services of paid service providers (including telecom service providers). Standard mobile, message, or data rates may apply and You are responsible for any such fees. and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise as decided by Us from time to time.
You agree that Auxilo (either directly or through its affiliate or subsidiary) may provide You communications about Your User Account and the Financial Products electronically or through phone calls, sms, whatsapp messenger application, or any other electronic media as deem fit by Auxilo, or in writing. 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, through whatsapp messenger application). We may assume You have received any communications sent to You by postal mail 2 days after we send it.
You hereby express Your intent to know through telephonic calls, whatsapp messenger application 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 loan offer schemes or loan promotional schemes or any other promotional schemes or any other information in relation to the existing Financial Products and hereby authorize Auxilo 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” as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS/messages through whatsapp messenger application received from Auxilo, its employees, agents and/or associates.
Use of the Platform, its Contents and Restrictions
The material, information, data, news items, texts, graphics, links, illustrations, audio clips, video clips, etc. (“Content”) contained on the Platform is provided for general information only and should not be used as a basis for making commercial decisions. You are advised to exercise due caution and/or seek independent advice before availing any Financial Product or facility or entering into any financial obligation based on the Content contained on the Platform.
The Platform is controlled and operated by Auxilo. The Content contained on the Platform or other data are provided on an "as is", "as available" basis and are protected by copyright.
All Contents on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Contents of the Platform are solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, download, publish, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Auxilo, modification of the Contents, use of the Contents on any other website or networked computer environment or use of the Contents for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use of the Contents for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You agree and undertake to use the Platform only to find out about and/or avail the Financial Products provided by Auxilo. By way of example, and not as a limitation, You agree and undertake that when using the Platform or interacting with the representatives of Auxilo, You will not:
i. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of the representatives of Auxilo;
ii. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, illegal or unlawful topic, name, material or information;
iii. upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
iv. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
v. conduct or forward surveys, contests, pyramid schemes or chain letters;
vi. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
vii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Financial Product;
viii. violate any applicable laws or regulations for the time being in force in or outside India; and
ix. violate any of the provisions of these Terms or any other terms and conditions for the use of the Platform contained elsewhere herein.
x. exploit any of the services. We reserve the right to refuse any of our Financial Products to a User, terminate User Accounts, and/or cancel Financial Products at our discretion, including but not limited to, if we believe that the conduct of a User violates applicable law or is harmful to our interests.
xi. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Auxilo, its associates and partners on any property owned by Auxilo.
Disclaimer of Warranties and Liability
It is in Auxilo’s interest to ensure that all the information on the Platform is correct, but Auxilo neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service or a Financial Product. In no event shall Auxilo be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Platform by the User; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Platform or the Financial Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of the Platform or performance of the obligations in relation to the Financial Products availed by the Users.
You understand that any material or data downloaded from the Platform is done at Your own risk and discretion and You will be solely responsible for any damage to computer systems or loss of date resulting from such downloaded material. Auxilo is not responsible for any delay or inability to use the Platform or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Auxilo shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Auxilo's control.
Any information published on the Platform including details of any Financial Product(s) as reflected on the Platform may be displayed incorrectly due to some technical issue or a typographical error. We do not warrant that any of the content of the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. You expressly agree that Your use of the Platform is at your sole risk. Neither Auxilo, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Platform will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Platform, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Platform.
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
Indemnity
Auxilo, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees shall be indemnified and held harmless by You, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
Limitation of Liability
In no event will Auxilo, or any person or entity involved in creating, producing or distributing the Platform or the Financial Products, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Platform. You hereby acknowledge that the provisions of this section shall apply to all content on the Platform.
Grievance officer
In accordance with the IT Act and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: [Ms. Namita Raja ]
Address: [Auxilo Finserve Pvt. Ltd. Office No.63, 6th floor, Kalpataru Square, Kondivita Road, Andheri (East),
Mumbai - 400059]
Phone No: [022 6246 3333]
Email id : [gro@auxilo.com]
Revision of the Terms
Auxilo shall have the right at any time to change or modify the terms and conditions applicable to the Users' use of the Platform, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Platform by the User after such notice shall be deemed to constitute as acceptance by You of such changes, modifications or additions.
General Terms and Conditions
These Terms may be varied, amended or modified, in whole or in part, by Auxilo at any time without notice to the Users.
These Terms constitute a principal-to-principal relationship between Auxilo and the Users and do not attempt to create any agency relationship. The Users are being rendered by Auxilo as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Auxilo and the Users hereto or any affiliates or subsidiaries thereof or to provide either Auxilo or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either Auxilo or the User.
Auxilo may assign, in whole or in part, the benefits or obligations of these Terms to its associates of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Auxilo shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the Users. However, the User shall not assign, in whole or in part, the benefits or obligations of these Terms, without the prior written permission of Auxilo.
Auxilo shall not be liable for its failure to perform under these Terms as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Auxilo. Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
The Terms, by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.
If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by Auxilo.
It is agreed and clarified that the arrangement set out by these Terms between Auxilo and the Users is on a non-exclusive basis.