This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of this website.

The domain name sicrevacapital.com (the “Website”) operated by ‘Si Creva Capital Services Pvt Ltd’, a RBI registered Non-Banking Financial Company and is a private limited company incorporated under the provisions of the Companies Act, 2013 having Corporate Identification Number (CIN) U65923MH2015PTC266425 (hereinafter referred to as “SiCreva”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, partners and permitted assigns). The objective of the Website is to facilitate the lending of consumer and personal loans, etc. by using two digital lending applications viz. “Kissht” and “PaywithRing” (the “Applications”) which are owned by OnEMI Technology Solutions Private Limited, in accordance with the terms of the loan agreement to be executed between you and SiCreva..

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:

“Borrower” shall mean an individual, proprietorship concern, partnership firm, limited liability partnership and an incorporated company carrying on business in India, which is willing to borrow, using the Website and is registered as a ‘borrower’ on the Website.

“SiCreva Lending Partner” shall mean one or more financial institutions with whom SiCreva may propose to jointly extend credit facilities to the Borrower.

“Force Majeure Event” shall mean if performance of Services/Website by SiCreva is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, epidemic, pandemic, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government, regulatory or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of SiCreva, then SiCreva shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by SiCreva of its obligations herein or incur any legal liability on SiCreva.

Si Creva Capital Services Private Limited provides its services to you subject to the following conditions. Before you may use the Website, you must read and accept all of the terms and conditions in and linked to, the Terms of Use (ToU) and the linked Privacy Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify the ToU without prior notice. The headings contained in this agreement are for reference purposes only.

MEMBERSHIP ELIGIBILITY:

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register as a Borrower on the Website/Applications and shall not transact on or use the Website/Applications. SiCreva reserves the right to terminate any user’s membership and/or refuse to provide such person with access to the Website if it is brought to SiCreva’ notice or if it is discovered that such person is not eligible to use the Website. In case you are using the Website and opening an account on the Website/Applications on behalf of an incorporated entity, it is presumed that you have been authorised by the entity and your use of the Website shall bind the entity with respect to these Terms. If the user violates any of these Terms and Condition from time to time and such revision/modification shall be effective upon posting by us on the website. The User/borrower should agree to be bound to any changes to this Terms & Condition when they use such services after such modification is posted. It is therefore important that the users/borrowers review the Terms & Conditions regularly upon each use of the services to ensure any updates as to changes. The Website/Applications is intended for users within India only.

BORROWER ACCOUNT:

The Website allows very limited and restricted access to the Services for unregistered users.

In order for a Borrower to avail the Loan/ Services from SiCreva through the Website/Applications, the Borrower is required to create an account on the Website/Applications (“Account”) and provide SiCreva with certain user information/documentation for verification, which shall include your name, phone number, your address, your date of birth, your e-mail address, your gender, your financial information such as bank account, or other payment details, your permanent account number, aadhar number, etc. (hereinafter collectively referred to as “Customer Data”).

You hereby understand and provide an explicit consent to SiCreva to share the Customer Data with any co-lending partner of SiCreva for the following purposes:

• Collection, storage, preservation, analysis, publishing and dissemination, at any time, of all the Customer Data, as the case may be;
• Verification or authentication of Customer Data, making related enquiries on the basis of the Customer Data for the purpose of assessing eligibility for loan and/or value added services opted/ availed by me from/ through SiCreva and any co-lender; and
• for complying with the laws applicable from time to time.

In addition to the above, SiCreva reserves the right to request the Borrower to provide such other information/documentation as it may deem fit.

While registering with the Website/Applications to avail the Services, the Borrower shall not:

• create any Account for anyone other than the Borrower, unless such person’s prior written permission has been obtained;
• use an Account that is the name of another person with the intent to impersonate that person;
• use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
• create more than one Account on the Website

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS:

• As a user of this Website/Applications, You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Website and/ or Services by You and anyone using Your password and login information (with or without our permission). You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your account. Accordingly, You are responsible for all activities that occur under Your account/in using Your secure credentials and SiCreva shall not be liable for any such change or action performed by using Your secure credentials on the Website.
• The User/Borrower agrees to, (i) immediately notify SiCreva of any unauthorised use of the Account information or any other breach of security; and (ii) ensure that the Borrower exits from the Account at the end of each session. SiCreva cannot and will not be liable for any loss or damage arising from the Borrower’s failure to comply with this Clause. The Borrower may be held liable for losses incurred by SiCreva or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of the Borrower’s failure in keeping the Account information confidential.
• You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Website. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or SiCreva has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, SiCreva shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.
• The Borrower shall ensure that the Account information provided by the Borrower in the Website’s/Applications registration form is complete, accurate and up-to-date. Use of another Borrower’s account information for availing the Services of the Website is expressly prohibited.
• By making use of this Website/Applications and furnishing your personal/contact details, you hereby agree that you are interested in knowing more or availing and/or purchasing various products/services that SiCreva or any third party may offer to/provide to/share with/send to you from time to time. You hereby agree that SiCreva/ SiCreva’s partner may contact you through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode to understand your interest in the selected products and services and to fulfill your demand.
• You also agree and authorize that SiCreva reserves the right to make your details available to its partner banks/financial institutions/lending partners, its group companies, affiliates, vendors, service providers/Facility Providers and other third parties, in so far as required for providing various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise. You agree that to receive communications /may be contacted by them for information and for sales through email, telephone and/or text message. You agree to receive promotional materials and/or special offers from SiCreva/SiCreva’s Lending Partner through email or text message. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Website/Applications, we suggest that you seek independent professional advice before you obtain any product or service via this Website/Applications.
• You also agree that Customers , would like to know through telephonic calls, or SMS on my mobile number mentioned in the Application Form as well as in this undertaking, or through any other communication mode, various loan offer schemes from SiCreva or loan promotional schemes or any other promotional schemes and hereby authorize SiCreva, it’s employees, agents, associates to do so. Customers 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/SMSs received from SiCreva, its employees or agents.
• As a User of this Website/Applications you have agreed to the Terms & Conditions that SiCreva has provided hereunder or anywhere else in this Website/Applications, including but not limited to disclaimers on this Website/Applications. You are advised to read and understand the said Terms & Conditions and in case you do not wish to agree to these Terms & Conditions, please do not use the Website/Applications.
• You agree and acknowledge that for undertaking any payment and/or financial transaction through the Website/Applications, SiCreva may undertake due diligence measures and seek information required for Know-Your- Customer (“KYC”) purpose which as a customer/merchant You are obliged to give in accordance with Applicable Laws. You agree and acknowledge that SiCreva can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to its due diligence requirements in line with the requirements and obligations under Applicable Laws. You are solely responsible for understanding and complying with all applicable laws of Your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI as may be amended from time to time (the “KYC GUIDELINES”) etc., that may be applicable to You in connection with Your business and use of Services.
• You agree and covenant that before the commencement of any Service(s) under these Terms, You shall provide the necessary documents (as determined in SiCreva’s sole discretion or when required by Facility Providers or governmental authorities or law enforcement agencies) (“KYC Documents”) to enable SiCreva to conduct the due diligence in respect of inter alia You and Your business / activities. SiCreva shall have the right to share the KYC Documents (or the information therein) and other related documents with the Facility Providers or governmental authorities or law enforcement agencies, as required under the Applicable Laws. You expressly consent SiCreva to rely on the KYC Documents provided by You for providing Services. You further acknowledge and agree that SiCreva reserves the right at all times to monitor, review, retain and/or disclose any information in relation to the Service(s) as necessary pursuant to satisfy any Applicable Laws, legal process or governmental request.
• SiCreva shall have the right to demand from You, any (i) additional KYC Documents and /or (ii) any KYC related or other documents, in its sole discretion and /or as per the Applicable Laws or pursuant to requests from governmental authorities or Facility Providers. Your failure to submit the KYC Documents when requisitioned shall entitle SiCreva to suspend the Services until You submit such KYC Documents to the sole satisfaction of SiCreva.
• Throughout Your use of the Services, You declare that You or Your affiliates and/ or its Beneficial Owner are not a Politically Exposed Person. You shall forthwith inform us in writing if this declaration becomes untrue during any period of Your use of the Services. Capitalised terms used here but not defined shall have the meaning ascribed to them in the KYC Guidelines issued by the RBI, as amended from time to time.
• The usage of the Website/Applications may also require You to provide consent for providing Your Personal Information (“PI”) (including but not limited to any personal data or sensitive personal data as defined under Applicable Laws) or to authorize SiCreva to derive Your data/information from any source or public registry, as may be necessary to complete Your profile or Your application on the Website/Applications, conduct due diligence on You, undertake KYC checks by itself or any other third party and/or to provide You Services through this Website. SiCreva shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, SiCreva shall not be liable to You against any liability or claims which may arise out of such transactions as any such PI is being collected, used, processed and shared with Your explicit consent.
• You agree not to use the Website/Applications and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to You. Since the Website/Applications is in operation in India, while using the Website and/ or the Services, You shall agree to comply with laws that apply in India. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Website/Applications and/ or Services.
• You are prohibited from posting or transmitting to or through this Website/Applications: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law or that harms minors in any way; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (v) threatens the unity, integrity, defense, 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 to any other nation; (vi) impersonates another person; or (vii) is illegal in any other way. 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/Applications.

• You represent and warrant that:

  • You are duly incorporated or established under the laws of Your jurisdiction and have all requisite power and authority to own and operate Your business/other activities.
  • You have the full legal capacity and power to enter into, exercise Your rights under, and perform Your obligations under these Terms.
  • The execution, delivery and performance of these Terms has been authorized by all necessary corporate and organizational actions or otherwise including but not limited to board resolution and/or power of attorney and/or letter of authority to bind Your business and Your company/firm/organization.
  • You have duly accepted these Terms, which form a legal, valid and binding obligation, enforceable in accordance with its clauses.
  • You do not, and shall not, engage in any activity related to virtual currency, crypto currency and other crypto products (like non-fungible tokens or NFTs), prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world. Any breach of this provision shall be subject to immediate suspension or termination of any or all Services, at SiCreva’s sole discretion, and You shall be liable to indemnify SiCreva from the losses arising from such breach.
• You acknowledge that the Services are of complex nature and require the intervention of the Facility /Service Providers. You acknowledge and agree that SiCreva shall only be liable for acts or omissions which are solely and directly attributable to SiCreva.
• You shall not (whether online or otherwise): (i) describe Yourself as an agent or representative of SiCreva or the Facility Provider; (ii) represent that You have any rights to offer any products or services offered by SiCreva or the Facility Provider; and (iii) make any representations to any third party or give any warranties which may require SiCreva or Facility Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Your customer or any third party.

• You further covenant and agree that You shall ensure that:

  • Your use of the Services are solely for Your own bona fide activities which are in compliance with the Applicable Laws and also the instructions issued from time to time by the SiCreva and its Facility/Service Providers.
  • You shall not resell or assign the Services, in whole or in part, or otherwise allow the use of the Services by any third parties or Your affiliates.
  • Your use of Services does not facilitate any activity which is unlawful, illegal, unauthorised, is carried on with the intent to defraud, or is likely to result in Your unjust enrichment and/or unlawful gain.

• You undertake and acknowledge that,

  • For the purpose of assessing your credit worthiness, SiCreva is authorized to pull from CIBIL and/or any other agency authorized by RBI, data of the applicant(s), directors, group companies, and any other individuals who are involved in the said business, on behalf of which this loan application is made;
  • CIBIL and any other agency so authorized may use, process the said information and data disclosed by SiCreva in the manner as deemed fit by them;
  • CIBIL, and any other agency so authorized may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may be specified by the RBI in this behalf;
  • For the purpose of verification of my/our personal data, SiCreva is authorized to pull from Central KYC Records Registry, ‘Know Your Customer’ data of the applicant(s), directors, group companies, and any other individuals who are involved in the said business, on behalf of which my loan application is made. I further agree and assure SiCreva that such KYC information provided with the Central KYC Records Registry is true and accurate and in the event of any mismatch, SiCreva shall have the right to reject/cancel my loan application or sanction loan facility at any time.
  • For the purpose of assessing our credit worthiness, SiCreva is authorized to fetch Goods and Service Tax returns/data, of the applicant(s), group companies, on behalf of which this loan application is made.

ACCEPTANCE OF SPECIFIC TERMS AND CONDITIONS:

• Applicable fees for the provision of Services may be levied by SiCreva from time to time. You agree that the fees shall be charged according to the manner, rates and frequency determined by SiCreva as mentioned in sanction letter/ Key Fact Statement/ Schedule of charges in the said policy. SiCreva reserves the right to update the amount of the fees charged at its sole discretion.
• Fees are exclusive of applicable taxes and SiCreva will charge such applicable taxes on the fees from time to time. You agree that any statutory variations in applicable taxes during the subsistence of these Terms shall be borne by You.
• No discount or free gift or any other commitment whatsoever is given to customer by SiCreva or any of its authorized representative(s) other than what is documented herein.
• SiCreva shall not process incomplete/defective application form, for which if any loss or delay is caused to Customers, Customers will not hold SiCreva liable for such loss or delay.
• That submission of loan application to SiCreva does not imply automatic approval and SiCreva will decide the quantum of the loan at its sole and absolute discretion. SiCreva in its sole and absolute discretion may either sanction or reject the application for granting the loan. In case of rejection, SiCreva shall not be required to give any reason.
• SiCreva shall have the right to make disclosure of any information relating to me/us including personal information, details in relation to Loan, defaults, security, etc. to the Credit Information Bureau of India (CIBIL) and/or any other governmental/regulatory/statutory or private agency/entity, credit bureau, RBI, SiCreva’s other branches/subsidiaries/affiliates/rating agencies, service providers, other banks/financial institutions, any third parties, any assignees/potential assignees or transferees, who may need, process and publish the information in such manner and through such medium as it may be deemed necessary by the publisher/ Company/ RBI, including publishing the name as part of wilful defaulter’s list from time to time, as also use for KYC information verification, credit risk analysis, or for other related purposes.
• SiCreva reserves its right to reject the loan application and retain the loan application form along with the photograph, information and documents.
• In respect of any delayed payments, without prejudice to all other rights of SiCreva under these Terms & Conditions: SiCreva shall be entitled to recover Penal Charges as described in the Schedule of Charges / Sanction letter & Key Fact Statement.
• User will furnish any additional documents as and when required by SiCreva.
• That there is no impediment or restriction (whether legal or judicial) against Customers and/or their asset filed/reported by any other bank/financer/bank.
• That the funds shall be used for the purpose for which loan has been applied and will not be used for speculative or antisocial purpose.
• That the information furnished by Customers is true and accurate.
• In the case of loan cancellation, the applicable pro-rata Annualised Percentage Rate on any outstanding loan amount will have to be borne by Customers and understand that, after the cooling-off period, Processing Fee is non-refundable charges and would not be waived/ refunded in case of loan cancellation or where the loan has not been disbursed.
• The sanction or any other loan communication received by Customers online is only be a conditional approval and shall not give rise to any obligations to SiCreva to disburse the loan or otherwise. The conditional approval shall be subject to the final sanction issued by SiCreva after receipt of all documents including KYC documents from me.
• The loan related information like “welcome letter”, “repayment schedule”, “Terms and condition”, “disbursal advice (as applicable to Personal Loan/ Business Loan)”,Key Fact Statement will be sent on the e-mail id mentioned by Customers in this loan application form.
• Customers have given NACH Mandate in favor of SiCreva covering all the amounts due to SiCreva under these Terms & Conditions including the EMI towards the Sanctioned Loan as stipulated herein. Accordingly, Customers shall ensure availability of funds in the account on which such NACH Mandate/ have been drawn and that the Customers will not at any time close his account and/ or issue any notice instructing SiCreva not to present any of such NACH Mandate towards repayment of EMI payable by the Borrower to SiCreva under these Terms & Conditions.

Other terms & conditions

• Users/Customers will advise SiCreva in writing of any change in their residential or employment address
• Customers can log on to www.SiCreva.com to view the welcome letter and repayment schedule. Customers may also request for a physical copy of Welcome Letter and Repayment Schedule separately if need be.
• SiCreva reserves the right to transfer the loan to another entity at its own discretion.
• If Customers desire to question any statement or any part thereof Customers shall furnish SiCreva full details of the same within 15 days of the receipt of the statement. It is however clarified that the Customers shall not be entitled to default or delay the payment of the instalments on the ground of the Statement of Account furnished by SiCreva being inaccurate or any other ground.
• The Sanctioned Loan, interest, additional penal charges, fees, expenses and all other sums whatsoever including but not limited to Outstanding payable by Customers to SiCreva hereunder may, if required by SiCreva be secured by the product on which SiCreva shall have first and exclusive rights. Loans, under which such products are purchased will be deemed unsecured.
• It will be the sole responsibility of the User to ensure that the use of name and password are kept confidential and not disclosed to any third party, including any representative of SiCreva, or its agents and shall take all possible care to prevent discovery of the under name or password by any person.
• SiCreva makes no representations about the timeliness, of the services contained on the SiCreva web site for any purpose.
• SiCreva makes no representations about the suitability, reliability, availability, of the services contained on the SiCreva web site for any purpose.
• SiCreva shall not be responsible if any information/ database/ statement/ certificate/ page is printed/ downloaded from SiCreva’s site and after printing/ downloading complete/partial, text/information is altered/ removed/ obscured contained therein.
• SiCreva, at no event, be liable/ responsible for any direct, indirect, punitive, incidental, special, consequential damages or any damages for the delay or inability to use the SiCreva web site, or failure to provide services, or for any information, date, statement, certificate, software, and any other services obtained through the SiCreva web sites, or otherwise arising out of the use of SiCreva web site.
• SiCreva reserves the right to suspend these services if in SiCreva’s opinion security of the site or of the data could be compromised.
• SiCreva may also suspend services on the web site for any customer at its sole discretion without assigning any reason whatsoever. In such event user shall contact SiCreva offices for any clarification.
• SiCreva, has offered as privileged service to the User (without any charge). However, SiCreva reserves the right to levy any service charges as applicable from time to time in consideration for the services provided herein to the user. In case user is not consenting to any service charges then, user may opt out of SiCreva services.

DECLARATIONS BY BORROWERS:

• Customers hereby confirm having received, read and understood the terms and conditions applicable to this loan including the application form and the Terms and Conditions/ Agreement and accept the same.
• Customers confirms that he/she is citizen of India.
• Customers confirm that SiCreva shall not be liable for any delay in delivery or no delivery of the product and or with respect to the quality, condition, fitness, suitability or otherwise whatsoever of the said Product.

Interest

Effective for loan sanctioned w.e.f 01-04-2024

Interest:

We give loans to our customers through a fixed rate loan. The products offered by us and the interest rate charged on different products are as follows:

• Loans with tenure of 6 months and higher – Up to 36%
• Loans with tenure of less than 6 months – Up to 45%

Schedule of Charges

Effective for loan sanctioned w.e.f 01-04-2024

Processing Fees:

We charge processing fee of up to 6% of the loan amount depending upon the tenure of the loan (plus applicable taxes). We do not charge any other fees/charges on processing of the loan. All fees and charges recovered are expressly stated in the loan documents.

Penal Charges:

The late payment charges are as follows:

Bounce Charges (One-time fee) of Rs. 750 + Applicable Taxes per EMI per instance of default and the same is payable apart from payment of applicable Daily Penal charges

Daily Penal Charges for continuing default in repayment of EMI @ 0.2% + Applicable Taxes of the overdue principal amount

Important Note:

Bounce Charges & Daily Penal Charges will be applied if the EMI repayment is done after the scheduled due date or if otherwise applicable as per the terms of the Financing Document (collectively referred to as “Overdue Penalty Charges”).

Other Contingent charges:

Foreclosure Charges

If the loan is closed within cooling off period, then no foreclosure charges will be levied. If the loan is closed after cooling off period, then the borrower shall be levied foreclosure charges as per the foreclosure charges levied by the loan financier. If your loan is financed by our NBFC “SiCreva Capital Services Private Limited.” then foreclosure charges @ 4% + Applicable Taxes on the amount foreclosed will be levied.

PRIVACY POLICY

By using the Website, You hereby consent to the use of Your information as we have outlined in our https://sicrevacapital.com/privacy-policy/

CONFIDENTIALITY:

As elaborated under the Privacy Policy, SiCreva will keep all confidential information confidential, including the Borrower’s personal and business information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. SiCreva acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. SiCreva shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

ADVERTISERS/ LINKS TO THIRD PARTY WEBSITES

The Website may offer links to sites that are not under SiCreva’s control. If the Customers (Users) visit any of these links, it’s their responsibility to review each site’s terms of use. SiCreva does not assume any responsibility/liability for any obligations or offers given on such sites and is neither responsible for the contents, policies and practices of such sites as well as SiCreva is not liable for any loss, damage or expense arising from use of such sites.

LICENSE AND SITE ACCESS:

SiCreva grants you a limited license to access and make personal use of the Site. This license does not include any downloading (other than page caching) or modifying it, or any portion of it (except with express written consent of SiCreva); unauthorized hypertext links to the Site and the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose an unreasonable or disproportionately large load on SiCreva’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of SiCreva and / or its affiliates, as may be applicable. The member may not bypass any measures used by SiCreva to prevent or restrict access to the Site. Any unauthorized use by them shall terminate the permission or license granted to you by SICreva. By using this Site and by accepting to agree to these Terms & Conditions they also agree that they shall not hack or otherwise hire some third party to hack the Site or use any other unauthorized means without a written consent of SiCreva and access any third-party information. The members shall in such an event be liable of a criminal offence and SiCreva shall institute appropriate legal proceedings to claim damages.

INDEMNIFICATION:

The loan will be governed by separate terms and conditions and/ or other documents (“Loan Documents”) entered into with SiCreva as the case may be. In case of any inconsistency between these terms and conditions and the provisions of the Loan Documents, the provisions of the Loan Documents shall prevail.

The Borrower shall indemnify, save and hold harmless SiCreva, its owner, licensors, licensee, affiliates, contractors, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, 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 the Borrower’s breach of these Terms, Privacy Policy and other policies, or the Borrower’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party. SiCreva reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SiCreva, including rights to settle, and you agree to cooperate with SiCreva’ defense and settlement of these claims. SiCreva will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

WAIVER

Any failure or delay by SiCreva to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by SiCreva of that provision or right. The exercise of one or more of SiCreva’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to SiCreva under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of SiCreva.

TERMINATION:

SiCreva, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website/Applications at any time for any reason including termination for breach of any of these Terms.

None of the Borrower’s content shall remain accessible on the Website/Applications upon termination. This information cannot be recovered by the Borrower, once the account is terminated. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The Policy on Website Use and your activity under this Policy are an ‘electronic record’ in accordance with the (Indian) Information Technology Act, 2000.The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra and the arbitration proceedings shall be conducted in English language. If any provision of these terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect.

DISCLAIMER OF WARRANTIES:

The website and all information, content, materials and services included on or otherwise made available to the borrower through the website (collectively, the “contents “) are provided by SiCreva on an “as is,” “as available” basis, without representations or warranties of any kind. SiCreva makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information or receipt of loans. SiCreva shall have no responsibility for any damage to the borrower’s computer system or loss of data that results from the download of any content, materials, document or information or any other losses incurred by the borrower for failure to receive loans. The borrower expressly agrees that the use of the website is at the borrower’s sole risk. SiCreva will not be liable for any damages of any kind arising from the use of the website or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing.

To the extent permitted by law, SiCreva disclaims all responsibility for any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this Website, its Contents or associated services, or due to any unavailability of the web site or any part thereof or any contents or associated services even if the Entities are advised of the possibility of such damages, losses or expenses.

LIMITATION OF LIABILITY

In no event shall SiCreva,(including its officers, directors, employees , representatives, affiliates, providers or agents, etc) be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the borrower’s access to and use of the website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not SiCreva is advised of the possibility of such damages. The Website may provide links to other third-party websites. However, since SiCreva has no control over such third-party websites, You acknowledge and agree that SiCreva is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that SiCreva shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party websites may have separate terms and conditions and privacy policy, and which are independent of SiCreva and therefore, we advise You to read the terms and conditions available on such websites before You access any such third-party website.

Subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of SiCreva vis-à-vis any borrower, regardless of the form of claim, shall be limited to the aggregate of fees, if any, paid by the borrower to SiCreva. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms & Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.

SEVERABILITY:

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

CHANGES TO WEBSITE OR POLICY

• SiCreva reserves the right to modify the User Interface, appearance, contents, organization, location and accessibility of the Website and/ or the Policy on Website Use at any time without prior notice.
• The User is expected to keep himself/ herself updated of any changes made in this Website and the information available on it on a regular basis and SiCreva undertakes no responsibility about advising/intimating the User about any such changes.
• It is imperative to note that SiCreva has taken required efforts to ensure that the information/ statement/ certificate provided on SiCreva’s Web Site is reasonably accurate, however, SiCreva not warrant its accuracy, completeness or suitability, correctness, adequacy validity, whatsoever for any purpose. As such database provided is without any warranty, express or implied, as to their legal effect.

NON-COMPLIANCE WITH POLICY/TERMS OF WEBSITE USE

If you (User) breach the terms & conditions/Policy on Website Use in any way, or if we suspect that you have breached these terms & conditions/Policy on Website Use in any way, we may take necessary steps as follows:(i) send you one or more formal warnings; (ii) temporarily/permanently block your access to the Website; (iii) block all computers/devices using your IP address from accessing the Website; (v) request your internet service providers to block your access to Website; (vi) commence legal action against you, for recovery of amounts due or damages arising out of your breach of terms & conditions/Policy on Website Use; and/or (vii) suspend or delete your account on Website.

The User herein agrees to indemnify and hold us harmless from and against any and all claims, action, liability, cost, loss, damage, endured by us by your access to the Website.

GRIEVANCE REDRESSAL MECHANISM:

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

HOW TO CONTACT US

In case of transaction/ statement /certificate is not in agreement with your record or with the information that you have, you are requested to write to SiCreva at its registered office. You are free to mail your queries on info@sicrevacapital.com.