• TERMS AND CONDITIONS – LAP

  • 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 or through one of our physical branches owned by Si Creva Capital Services Pvt Ltd, 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.
    • “Co-borrower” shall mean and be construed as the person/s (one or more) who is/are jointly & severally liable for the repayment of the loans availed by him/them jointly with the Borrower and assures the due performance of all the conditions of this Agreement along with the Borrower. The liability of the Co- borrower is co-extensive with that of the Borrower.
    • “Lending Partner” shall mean SiCreva or more financial institutions with whom SiCreva may propose to jointly extend credit facilities to the Borrower.

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.

GENERAL TERMS & CONDITIONS

• In order for a Borrower to avail the Loan/ Services from SiCreva through the Website/Applications, the Borrower is required to 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. and for complying with applicable laws from time to time
• Notwithstanding anything to the contrary contained herein, the Lender may, by notice to the Borrower suspend or cancel further disbursement of the Loan if the Loan granted shall not have been fully drawn or if the funds are utilized for purposes other than as described.
• Further, the Lender at its sole discretion may cancel / post-pone the disbursement of the Loan sanctioned or reduce the amount to be disbursed from the sanctioned amount or levy any other conditions, any time if the Borrower fails to adhere to the terms and conditions or if the Lender receives any adverse information on the credentials/credibility of the Borrower at any point of time.
• The Lender may recall the entire Loan, if the Lender learns that the documents submitted by the Borrower/Co-Borrower are forged or documents executed by the Borrower/Co-Borrower are not proper or in line with requirements of the Lender.

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.