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).

Si Creva, inter alia, engaged in the business of providing unsecured personal loans, business loan and secured loan i.e Loan Against Property. Company is also one of the financing partners and provides loans under the ‘Kissht/ PaywithRing’ technology platform maintained by OnEMI Technology Solutions Private Limited which is the holding company of Company. 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. Si Creva 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. Provided this clause shall not apply in case of the cooling off/look-up period.
    • The offer – cum 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”, “Most Important Terms and condition” (as applicable to Personal Loan/ Business Loan provided as Annexure 1 below)”, Key Fact Statement will be sent on the verified e-mail id or through SMS provided by Customers.
    • 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 websites, or otherwise arising out of the use of SiCreva website.
    • 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

    We give loans to our customers through a fixed rate loan. We lend money through various products to cater to needs of different category of customers. The products offered by us and the interest rate charged on different products are as follows:

    Tenure RoI
    3m – <6m up to 28%
    6m – <36m up to 33%
    36m – <48m up to 32%
    48m -60m up to 28%
  • SCHEDULE OF CHARGES

    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.

    • Processing Fees:

      Tenure Processing Fee
      3m – <6m up to 4.5%
      6m – <36m up to 6%
      36m – <48m up to 4%
      48m -60m up to 4%
    • Penal Charges:

      The late payment charges are as follows:

      One-time charges of up to Rs. 1500 + 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:

      One-time 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 “Late Payment 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 up to 7% + Applicable Taxes on the amount foreclosed/part pre-paid by the loan financier.

  • 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:

    Name Mukul Dwivedi
    Address Si Creva Capital Services Private Limited, 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070.
    Phone 08044745954
    E-mail mukul.dwivedi@sicrevacapital.com

    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.

ANNEXURE 1

MOST IMPORTANT TERMS AND CONDITIONS (“MITC”)

  • DEFINITIONS

    • The terms and expressions contained in this MITC and the Customer Application Form are defined as under:

      • Applicant” means to any person or entity who has shown interest in or has applied for a Loan from the Lender;
      • Borrower” means and refers jointly and severally to the applicant(s) who has / have been sanctioned/granted the Loan by the Lender (as defined hereunder) based on the duly filled in Loan Application Form submitted by such applicant(s) to the Lender for availing of the Loan means and refers jointly and severally to the applicant(s) who has / have been sanctioned/granted the Loan by the Lender based on the duly filled in Loan Application Form submitted by such applicant(s) to the Lender for availing of the Loan;
      • Borrower’s Dues” means all sums payable by the Borrower to Lender, including outstanding Loan, interest, all other charges, costs and expenses;
      • Platform” shall refer to all website (including all associated site links) and/or mobile based application/and/ or such other website and/or mobile based application/platform, referred by the Lender and used by the Borrower to apply for limit/loan;
      • Due Date” in respect of any payment means the date on which any amount is due from the Borrower to Lender and such date as changed by the Lender from time to time upon intimation to the Borrower through written means.
      • EMI” means the Equated Monthly Installment amount to be paid by the Borrower on the scheduled Due Date as per Financing Documents;
      • Loan” means the amount of the financial assistance sanctioned to the Borrower as per the Offer-Cum Sanction Letter, or as displayed on the Platform, which will be or has been made available, to the extent the same is not cancelled, reduced or transferred by the Lender as per the terms of Financing Documents;
      • Financing Documents” means these MITC, Customer Application Form, Offer-Cum Sanction Letter, Key Fact Statement (KFS), Statement of Accounts (SoA) including the annexures hereto and any documents executed by the Borrower or as required by Lender, as amended from time to time;
      • Loan Application” means the application in the prescribed form as submitted from time to time by the Borrower to Lender for seeking financing;
      • Offer-Cum Sanction Letter” subject to the Loan availed by the Borrower shall mean the Offer-Cum Sanction Letter issued by the Lender containing the relevant commercial terms and conditions applicable to the Loan;
      • Material Adverse Effect” means any event which in Lender’s opinion would have an adverse effect on (i) Borrower’s ability to pay the Borrower’s Dues or (ii) recoverability of the Borrower’s Dues;
      • Late Payment Charges” means the default charges as prescribed either in the KFS or as displayed on the website., i.e. on https://sicrevacapital.com or its mobile application, which is payable on all amounts which are not paid on their respective Due Dates;
      • Purpose” means the utilization of Loan as mentioned in the Offer-Cum Sanction Letter.
      • Cooling off period” means a period of time from the date of disbursement of Loan within which the borrower can change her/ his mind with return or cancellation of the Loan without any prepayment charges.
    • In this Agreement, (a) the singular includes the plural (and vice versa) and (b) reference to a gender shall include references to the female, male, and neutral genders.
  • DISBURSEMENT

    • Subject to the provisions of the Financing Documents, the Borrower may at any time during the Validity Period of offer, request the Lender for disbursement the Loan to the extent of the available loan amount. The Lender shall at its sole and absolute discretion allow or reject such request for the Loan. Notwithstanding anything contained in this MITC, Lender shall have the absolute right to cancel or refuse any further Loan at its sole and absolute discretion as it may deem fit, including on account of any change in credit evaluation of the Borrower.
    • The disbursement of any Loan directly to any vendor / seller/ healthcare institution or its authorized person for any Purpose shall be treated as having been disbursed to the Borrower.
    • The Borrower shall pay non-refundable processing fees as stated in the KFS, Offer-Cum Sanction Letter or as displayed on the Lender’s website., i.e. on https://sicrevacapital.com or its mobile application, along with tax thereof, which may be added as a deemed disbursement to the Loan and the Borrower will accordingly be liable for entire amount. Provided that, if the processing fees as mentioned in the KFS is revised by the Lender, the same shall be updated on its website/mobile application, an intimation thereof shall be sent to the Borrower and applied prospectively.
    • The Borrower shall utilize the disbursed loan exclusively for the Purpose as stated in the Offer-Cum Sanction Letter, and for no other purpose.
    • The Lender reserves the right to cancel or modify the terms of Offer-Cum Sanction Letter before disbursing of the loan, in accordance of its policy, without assigning any reason.
  • PAYMENT/REPAYMENT AND INTEREST

    • The Borrower shall repay/pay the entire Loan in one or more instalments along with the interest thereon to the Lender in such manner as agreed/specified by the Lender from time to time, on the respective Due Date. Subject to Clause 05 (mentioned hereunder), the Borrower agrees to pay to the Lender interest on the Loan or such part thereof as may be outstanding from time to time at such interest rate, which has been indicated by Lender at the time of making the offer for the Loan. However, in such cases, in the event the installment is not paid on the Due Date, all overdue amounts shall accrue Late Payment Charges which shall be computed from the respective due dates for payments until payment of such dues, as prescribed in KFS.
    • The Lender shall apply the foreclosure charges, if Borrower chooses to opt for it. The Borrower shall pay to the Lender such foreclosure charges mentioned in KFS and the same shall be displayed on the Lender’s website i.e., https://sicrevacapital.com, as applicable. Provided that, if the foreclosure charges as mentioned in the KFS is revised by the Lender, the same shall be updated on its website/mobile application, an intimation thereof shall be sent to the Borrower and applied prospectively
    • The tenure of each Loan shall be as provided in the Offer-Cum Sanction Letter. EMI shall be as calculated by Lender as required within their respective tenure and interest payable thereon and not exceeding the maximum EMI as provided in the Offer-Cum Sanction Letter or its mobile application. EMI shall only be towards principal outstanding and interest thereon and does not include any default interest or any other charges payable by the Borrower pursuant to Financing Documents
    • The payment of each EMI on time is the essence of the contract. The Borrower acknowledges that s/he has understood the method of computation of EMI and shall not dispute the same.
    • Notwithstanding anything to the contrary in the Financing Documents, the Lenders shall always reserve the right to revise the rate of interest and charges whether upwards or downwards, on all existing advances/financial assistance, if so required under any applicable law. Any such change, as intimated by Lenders to Borrower (through modes such email or otherwise in the manner prescribed for the same from time to time by Lenders, etc.), will be final and binding on the Borrower prospectively.
    • The rate of interest applicable to the Loan availed shall be as prevailing on the date of disbursement and will be based upon the Lenders evaluation of the creditworthiness of the Borrower, the risk profiling done by the Lenders, etc.
    • Any dispute, including that relating to the interest computation or tenure, shall not entitle the Borrower to withhold payment demanded by the Lenders and/or payment of any dues.
    • In case of delayed payments, without prejudice to all other rights of Lender, Lender shall be entitled to Late Payment Charges (as prescribed in Offer-Cum Sanction Letter or as displayed on the website., i.e. on https://sicrevacapital.com or its mobile application or as communicated to the borrower from time to time) from the Borrower for the period of delay.
    • Notwithstanding any terms and conditions to the contrary contained in the Financing Documents, the amounts repaid by the Borrower shall be appropriated firstly towards interest due and payable and or/accruing due and payable, secondly towards repayment of the amount of any installment(s) of the principal sums due and payable or becoming due and payable, thirdly towards cost, charges, expenses and other monies, due and payable or become due and payable to the Lender, or in a manner deemed fit by the Lender as per its policies which shall be communicated to the Borrower from time to time.
    • Interest (if applicable), Late Payment Charges and all other charges shall accrue from day to day and shall be computed on the basis of 365/366 days (as may be applicable) a year and the actual number of days elapsed.
    • All sums payable by the Borrower to Lender shall be paid without any deductions whatsoever.
  • MODE OF PAYMENT, REPAYMENT AND PREPAYMENT

    • The Borrower shall, as required by Lender from time to time, provide National Automated Clearing House (Debit Clearing)/ any other electronic or other clearing mandate (collectively referred to as “Auto Debit Mandate”) as notified by the Reserve Bank of India (“RBI”) against Borrower’s bank account for payment of dues. The Borrower shall honor all payments i.e. Auto Debit Mandate without fail on due dates which may be utilized by Lender for realization of any Borrower’s Dues. The Borrower hereby unconditionally and irrevocably authorizes Lender to take all actions required for such realization. The Borrower shall promptly (and in any event within seven (7) days) replace the Auto Debit Mandate and/or other documents executed for payment of Borrower’s Dues as may be required by Lender from time to time, at its sole discretion.
    • The Borrower shall, at all times maintain sufficient funds in his/her bank account for due payment of the Borrower’s Dues on respective Due Dates. The Borrower shall not close the bank account from where Auto Debit Mandate have been issued or cancel or issue instructions to the bank or to Lender to stop or delay payment under Auto Debit Mandate. Lender is not bound to take notice of any such communication in this regard.
    • The Borrower agrees and acknowledges that the Auto Debit Mandate have been issued voluntarily in discharge of the Borrower’s Dues and not by way of a security for any purpose whatsoever. The Borrower also acknowledges that dishonor of any Auto Debit Mandate is a criminal offence under the Negotiable Instruments Act, 1881/The Payment and Settlements Act, 2007. The Borrower shall be liable to pay bounce charges for each Auto Debit Mandate dishonour (as prescribed in Offer-Cum Sanction Letter or as displayed on the website., i.e. on https://sicrevacapital.com or its mobile application).
    • Any dispute or difference of any nature whatsoever shall not entitle the Borrower to withhold or delay payment of any EMIs or other sum and Lender shall be entitled to present the Auto Debit Mandate on the respective due dates.
    • Notwithstanding the issuance Auto Debit Mandate the Borrower will be solely responsible to ensure timely payment of dues.
    • Subject to the provisions set forth hereinabove, the lender shall acknowledge various modes of payment from the borrower for the purpose of payment or repayment, as provided for in the App, web and TPAPs approved by regulatory authorities such as Debit Card, Net banking, UPI, IMPS, NEFT, RTGS, BBPS etc depending upon the availability.
    • The Borrower shall ensure that the loan repayments must be exclusively from their own bank account and not from any other individual’s/organization’s bank account. Payments made from a third-party account may be rejected or automatically refunded.
  • BORROWER’S COVENANTS, REPRESENTATION AND WARRANTIES

    • The Borrower shall:

      • Observe and perform all its obligations under the Financing Documents.
      • Immediately deliver to Lender all documents, including bank account statements as may be required by Lender from time to time. The Borrower also authorizes Lender to communicate via Account Aggregator with (a) any bank where the Borrower maintains an account and to seek details and statement in respect of such account from the bank and (b) with any employer of any Borrower/family members, any other person related to the Borrower, as Lender may deem necessary, including for monitoring Borrower’s creditworthiness. The Lender shall have the right to not return the application, the photographs, information and documents submitted by the Borrower.
      • Immediately notify Lender of any litigations or legal proceedings against any Borrower.
      • Notify Lender of any Material Adverse Effect or Event of Default (as described hereunder).
      • Notify Lender in writing of all changes in the location/ address of office /residence /place of business or any change/resignation/termination / closure of employment/ profession /business.
      • Not leave India for employment or business or long term stay abroad without fully repaying the Loan then outstanding, together with interest and other dues and charges.
      • Provide security, if any, as specified in Financing Documents or as may be required by the Lender in case of any change in credit worthiness of any Borrower (as determined by Lender).
      • Ensure deposit of salary and / or business proceeds in the account from which Auto Debit Mandate have been issued to Lender. The Borrower also authorizes the Lender to resubmit the Auto Debit Mandate on any date with prior intimation in case the EMI bounces. The Borrower agrees that non-receipt of any EMI alert shall not be valid grounds for non-payment of any EMI.
      • Comply at all times with applicable laws, including, Prevention of Money Laundering Act, 2002, as amended from time to time.
      • Utilise each Loan only for the Purpose stated by Borrower (if any) in the Loan application.
      • Submit the updated copies of such KYC documents to the Lenders within a period of thirty (30) days, if there occurs any change in the KYC documents submitted by the Borrower for availing the Loan.
    • Each Borrower represents and warrants to Lender as under:

      • All the information provided by Borrower in the Customer Application Form and any other document, whether or not relevant for ascertaining the credit worthiness of the Borrower, is true and correct and not misleading in any manner;
      • The Borrower is capable of and entitled under all applicable laws to execute and perform the Financing Documents and the transactions thereunder;
      • The Borrower is above 18 (Eighteen) years of age and this MITC is a legal, valid and binding obligation on him/her, enforceable against him/her in accordance with its terms;
      • The Borrower declares that he/ she is not prohibited by any law from availing this Loan;
      • No event has occurred which shall prejudicially affect the interest of Lender or affect the financial conditions of Borrower or affect his/ her liability to perform all or any of their obligations under the Financing Documents;
      • Borrower is not in default of payment of any taxes or Government dues;
      • The Borrower will do all acts, deeds and things, as required by Lender to give effect to the terms of this MITC;
      • That there are no bankruptcy or insolvency proceedings against the Borrower.
    • The Borrower gives its consent to Lender to use/store all the information provided by the Borrower or otherwise procured by Lender in the manner it deems fit including for the Purpose of this Loan or for its business and understands and agrees that Lender may disclose such information to its contractors, agents and any other third parties in accordance with the privacy policy.
  • EVENTS OF DEFAULT

    • The following acts/events, shall each constitute an “Event of Default” by the Borrower for the purposes of each Loan:

      • The Borrower fails to make payment of any Borrower’s Dues on Due Date;
      • Breach of any terms, covenants, representation, warranty, declaration or confirmation under the Financing Documents;
      • Any fraud or misrepresentation or concealment of material information by Borrower which could have affected decision of Lender to grant any Loan;
      • Death, lunacy or any other permanent disability of the Borrower;
      • Borrower utilises the Loan for any purpose other than the Purpose stated by Borrower (if any) in the Loan application;
      • Occurrence of any events, conditions or circumstances (including any change in law) which in the sole and absolute opinion of Lender could have a Material Adverse Effect, including limitation of any proceedings or action for bankruptcy/liquidation/ insolvency of the Borrower or attachment / restraint of any of its assets;
      • Shall not revoke the NACH Mandate without prior approval of the Lender;
    • Any occurrence or event beyond those expressly listed herein, whether similar in nature or otherwise, shall be deemed to constitute an Event of Default.
    • The decision of Lender as to whether or not an Event of Default has occurred shall be binding upon the Borrower.
    • The circular on the Prudential Framework for Resolution of Stressed Assets requires the lenders to recognize incipient stress in Borrower(s)’s accounts, immediately on default, by classifying them as special mention accounts (SMA). The basis for classification of SMA categories shall be as follows:

      Loans other than revolving facilities
      SMA Subcategories Basis for classification – Principal or interest payment or any other amount wholly or partly overdue
      SMA-0 Upto 30 days
      SMA-1 More than 30 days and up to 60 days
      SMA-2 More than 60 days and up to 90 day

      The date of SMA/NPA shall reflect the asset classification status of an account at the day-end of that calendar date. Example: If due date of a loan account is March 31, 2021, and full dues are not received before the lending institution runs the day-end process for this date, the date of overdue shall be March 31, 2021 and this account shall get tagged as SMA-0 upon running day- end process on March 31, 2021. If it continues to remain overdue, then this account shall be tagged as SMA-1 upon running day- end process on April 30, 2021 i.e. upon completion of 30 days of being continuously overdue. Accordingly, the date of SMA-1 classification for that account shall be April 30, 2021. Similarly, if the account continues to remain overdue, it shall get tagged as SMA-2 upon running day-end process on May 30, 2021 and if continues to remain overdue further, it shall get classified as NPA upon running day-end process on June 29, 2021.

    • The Borrower(s) acknowledges that as per RBI guidelines, classification of accounts as NPA is done borrower wise and not facility wise and hence, it may be noted that in case of non-payment of dues by the Borrower(s) in case of any facility availed from the BaSnk and consequently the account is to be classified as NPA, all other loan accounts of the Borrower(s) with the Bank also shall be classified as NPA as per the guidelines issued by RBI and it shall entitle the Bank to recall all such loans/facilities availed by the same customer from the Bank, irrespective of the regular repayment in such accounts.
  • CONSEQUENCES OF DEFAULT

    • Upon occurrence of any of the Events of Default and at any time thereafter, Lender shall have the right, but not the obligation to declare all sums outstanding in respect of the Loan, whether due or not, immediately repayable and upon the Borrower failing to make the said payments within 15 (fifteen) days thereof, Lender may at its sole discretion exercise any other right or remedy which may be available to Lender under any applicable law, including seeking any injunctive relief or attachment against the Borrower or their assets.
    • The Borrower hereby agrees that if the Borrower commits a default in repayment of any amounts due under this agreement, the Lender may initiate skip tracing activities either directly or through agencies or its authorized agents to enable recovery of delayed payments. Skip tracing is a method of determining the whereabouts of the Borrower and verifying information pertaining to the Borrower by accessing public records, such as CIBIL records, and contacting social connections, etc.
    • The Borrower shall also be liable for payment of all legal and other costs and expenses resulting from the foregoing defaults or the exercise of Lender remedies.
    • The Borrower will be sent reminders from time to time for settlement of any outstanding Loan, by post, fax, telephone, e-mail, SMS and/ or any other mode of communication as deemed fit by the Lender engaging third parties to remind, follow up and collect dues. Any third party so appointed shall adhere fully to the code of conduct on debt collection.
  • DISCLOSURES

    • The Borrower acknowledges and authorizes Lender to disclose all information and data relating to Borrower, the Loan, default if any, com- mitted by Borrower to such third parties/ agencies as Lender may deem appropriate and necessary to disclose and/or as authorized by RBI, including TransUnion CIBIL Limited (“CIBIL”). The Borrower also acknowledges and authorizes such information to be used, processed by Lender / third parties/ CIBIL / RBI as they may deem fit and in accordance with applicable laws. Further in Event of Default, Lender and such agencies shall have an unqualified right to disclose or publish the name of the Borrower /or its directors/ partners/ co-applicants, as applicable, as ‘defaulters’ in such manner and through such medium as Lender / CIBIL/ RBI/ other authorized agency in their absolute discretion may think fit, including in newspapers, magazines and social media.
    • The Borrower shall not hold Lender responsible for sharing and/or disclosing the information now or in future and also for any consequences suffered by the Borrower and/or other by reason thereof. The provisions of this clause 8 shall survive termination of the MITC and the repayment of the Borrower’s dues.
    • This MITC constitutes the entire arrangement between the Parties with respect to the subject matter hereof and supersedes all prior written agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter of this document.
  • MISCELLANEOUS

    • The entries made in the records of Lender shall be conclusive evidence of existence and of the amount Borrower’s Dues and any statement of dues furnished by Lender shall be accepted by and be binding on the Borrower.
    • Borrower’s liability for repayment of the Borrower’s Dues shall, in case where more than one Borrower have jointly applied for any Loan, be joint and several.
    • Borrower shall execute all documents and amendments and shall co-operate with Lender as required by Lender (i) to comply with any RBI guidelines / directives or (ii) for giving Lender full benefit of rights under the Financing Documents. Without prejudice to the aforesaid the Borrower hereby irrevocably consents that on its failure to do so, such changes shall be deemed to be incorporated in the Financing Documents and shall be binding on the Borrower.
    • The Borrower acknowledges that the rate of interest, penal charges, service charges and other charges payable and or agreed to be paid by the Borrower under Financing Documents are reasonable and acceptable to him/ her.
    • The Borrower expressly recognizes and accepts that Lender shall without prejudice to its rights to perform such activities itself or through its office employees be entitled and has full power and authority so to appoint one or more third parties (hereinafter referred to as “Service Providers”) as Lender may select and to delegate to such party all or any of its functions, rights and power under Financing Documents relating to the sourcing, identity and verification of information pertaining to the Borrower, administration, monitoring of the Loan and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices contacting Borrower, receiving Cash/Cheques/Drafts/ Mandates from the Borrower in favour of Lender.
    • The Borrower acknowledges that the financing transaction hereunder gives rise to a relationship of debtor and creditor as between him / her and Lender and not in respect of any service rendered/to be rendered by Lender. Accordingly, the provisions of the Consumer Protection Act, 1986 shall not apply to the transaction hereunder.
    • If required by the lender, the Borrower hereby authorizes Lender to verify all information and documents including, income proof documents, residence documents, address proof documents, identity documents and other such documents containing personal and financial information as are submitted by them for obtaining any Loan and that they also consent to subsequent retention of the same by Lender.
    • The Borrower acknowledges and authorizes Lender to procure Borrower’s PAN No./copy of Pan Card, other identity and address proof and Bank Account details, from time to time. The Lender may validate the Borrower’s details from NSDL and CERSAI and any other Governmental agencies. The Lender shall obtain credit information of the Borrower from agencies such as CIBIL, Experian, Hunter etc, and also obtain such other reports as and when required for the validation of credit worthiness of Borrower.
    • The Borrower also hereby gives consent and authorizes Lender to undertake its KYC verification by Aadhar e-KYC or otherwise and undertake all such actions as may be required on its behalf or otherwise to duly complete the process of such verification including by way of Aadhar e-KYC and share such information with any authority and store such information in accordance with the applicable laws.
    • In the event of any disagreement or dispute between the Lender and the Borrower regarding the materiality of any matter including of any event occurrence, circumstance, change, fact information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of Lender as to the materiality of any of the foregoing shall be final and binding on the Borrower.
    • The Borrower and Lender may mutually agree on grant of a fresh Loan on the terms and conditions of the MITC and by execution of such further letter/undertaking by the Borrower as may be required by Lender.
    • If the Borrower voluntarily avails any services along with the Loan from any of the third parties whose products are being sold by the Lender as a bundled product including but not limited to life insurance, health insurance, general insurance plans, consumer durable insurance, extended warranty, or any other offers/products/services offered by third parties, then the Borrower hereby acknowledges that Lender shall not be held responsible for non-provision of services by such third parties.
    • The Lender retains the primary right of set off and in exercise of the Lender’s general lien under law, the Lender shall also have a paramount right of lien on all monies, deposits belonging to the Borrower(s) or standing to the Borrower(s)’s credit (whether singly or jointly with other person/s) which are or may at any time with or in possession or control of the Lender for any reason or purpose whatsoever.
    • Appointment of third parties by the Lender
    • The Borrower accepts that the Lender shall without prejudice to its right to perform the activities itself or through its officers or employees or other authorised agents, be entitled, and have full power and authority, to appoint one or more third parties and delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right to collect and receive on behalf of the Lender all the dues under this Agreement and give valid and effectual receipts and discharge to the Borrower and to perform and execute all lawful acts, deeds, matters and things connected herewith or incidental hereto. For the purpose aforesaid or any other purpose which the Lender at the sole discretion may deem fit, the Lender shall be entitled to disclose to such third parties all necessary and relevant information pertaining to the Borrower. The details of the Recovery mechanism are annexed in Schedule- 1.
    • The Lender facilitates resolution of customer’s grievances. In the event of any complaint/ issue please refer to the Grievance Officer details annexed in Schedule-2.
    • The Lender and its authorized representatives shall have a right to conduct audit of the Borrower to ascertain any fraud by the Borrower, whether by its internal or external auditors, or by agents appointed to act on its behalf and to obtain copies of any audit or review reports and findings made on the Borrower.
  • SEVERABILITY

    The Borrower acknowledges that each of his/her obligations under these Financing Documents is independent and severable from the rest.

  • GOVERNING LAW AND JURISDICTION

    • All Loan and the Financing Documents shall be governed by and construed in accordance with the laws of India.
    • A All disputes, differences and / or claims arising out of these presents or as to the construction, meaning or effect hereof or as to the right and liabilities of the parties under the Financing Documents shall be settled by arbitration in accordance with the provision of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof or any statute enacted for replacement therefore and shall be referred to arbitration mutually appointed by both the parties. The place of arbitration shall be Mumbai, India. The awards including interim awards of the arbitration shall be final and binding on all parties concerned. The arbitrator may pass the award without stating any reasons in such award.
    • Further, the present clause shall survive the termination of Financing Documents. The Courts at Mumbai, India shall have exclusive juris- diction (subject to the arbitration proceedings which are to be also conducted in Mumbai, India) over any or all disputes arising out of the Financing Documents.
    • The parties may choose to conduct such Arbitration proceeding via online mode.
  • NOTICES

    Any notice to be given to the Borrower in respect of Financing Documents shall be deemed to have been validly given if served on the Borrower or sent by registered post to or left at the address of the Borrower existing or last known business or private address. Any such notice sent by registered post shall be deemed to have been received by the Borrower within 48 hours from the time of its posting. Any notice to Lender shall be deemed to have been valid only if received by Lender at its above stated address.

  • ASSIGNMENT

    • The Borrower shall not be entitled to jointly or severally transfer or assign all or any of their right or obligation or duties under the Financing Documents to any person directly or indirectly or create any third-party interest in favour of any person without the prior written consent of Lender.
    • Lender shall be entitled to sell, transfer, assign or securitise in any manner whatsoever (in whole or in part and including through grant of participation rights) all or any of its benefits, right, obligation, duties and / or liabilities under Financing Documents, without the prior written consent of, or intimation to the Borrower in such manner and such terms as Lender may decide. In the event of such transfer, assignment or securitization, the Borrower shall perform and be liable to perform their obligation under the Financing Documents to such assignee or transferor. In such event, the Borrower shall substitute the remaining Auto- Mandate in favour of the transferee/ assignee if called upon to do so by Lender.
  • INDEMNITY

    The Borrower hereby agrees to indemnify, defend, and hold harmless the Lender, its directors, employees, representatives, consultants, and third parties, from time to time and at all times, against any liability, claim, loss, judgment, damage, cost, or expense (including, without limitation, reasonable attorney’s fees and expenses) as a result of or arising out off any failure by the Borrower to observe or perform any of the terms and conditions and, or obligations contained in the Financing Documents or in the case of an Event of Default, or from the exercise of any of the rights by the Lender under the Financing Documents, including the enforcement of security or the recovery of Borrower’s Dues

  • ACCEPTANCE

    I / We am / are aware that Lender shall agree to become a party to this MITC only after satisfying itself with regard to all conditions and details filled by me / us in the MITC and other Financing Documents in consonance with Lender policy. I / We agree that this MITC shall be concluded and become legally binding on the date when the authorized officer of Lender signing this at Mumbai or on the date of first disbursement, whichever is earlier. By clicking “I accept”, the Borrower electronically signs these MITC and agrees to be legally bound by its terms. The Borrower’s acceptance of these MITC shall constitute: (i) the Borrower’s agreement to irrevocably accept and to be unconditionally bound by all the terms and conditions set out in these MITC; and (ii) the Borrower’s acknowledgement and confirmation that these MITC (along with the Financing Documents) have been duly read and fully understood by the Borrower.

    I hereby affirm my understanding of the English language and the entirety of the facts, terms, and conditions outlined above.

    I/ We agree that the content of the KFS have been explained to me and hereby affirm that I have understood the contents of KFS as per below:

Sanctioned Amount
Date of Disbursement
Disbursal Amount
Annualised Interest Loan
Annual Percentage Rate (APR)
Equated Periodic Instalment (EPI)
Tenure of the Loan

I / We agree that I am not a Politically Exposed Person (PEP) (“Politically Exposed Persons” (PEPs) are individuals who are or have been entrusted with prominent public functions by a foreign country, including the Heads of States/Governments, senior politicians, senior government or judicial or military officers, senior executives of state-owned corporations and important political party officials) and further undertakes to immediately intimate the lenders’ in the event that he/she and/or any of their family members /close relatives becomes a PEP. In this situation, the Lenders’ will seek senior management approval to sustain the business relationship. The account will then undergo Customer Due Diligence procedures, including ongoing enhanced monitoring, as required for PEP category customers.

SCHEDULE 1 – DETAILS OF RECOVERY MECHANISM:

  • Si Creva Capital Services Private Limited (“Si Creva”) is an RBI registered NBFC that follows all extant rules related to collections practices as laid down under regulations.
  • The course of action followed by Si Creva in the event of default by the Borrower in repaying the scheduled repayment(s) is as follows:

    • In the event of any delay or default in payment of any amount due and payable by the Borrower in relation to the loan, the immediate action taken is to initiate messaging through SMS, in-app chat, Verified WhatsApp Business Account, IVR, notifications, and tele-calling. Calls to the Borrower(s) will be made within 8.00 am to 7.00 pm.
    • Si Creva delegates the recovery process to its network of field agents, who will visit the Borrower at the location which is stated in the loan application journey. A personal visit will also be made if specifically requested by the Borrower(s) at an alternative location of their choice. These visits will occur between 8:00 AM and 7:00 PM.
    • The Borrower will be informed in advance of the details of the recovery agent who will be making the follow-up visit. The collection/recovery agents are required to adhere to a board-approved Code of Conduct governing their interactions with Borrowers. All practices followed in the collection and recovery of dues, as well as the enforcement of security, will be in compliance with applicable laws.
    • If Si Creva has exhausted all the actions outlined above without achieving a resolution, legal proceedings may then be initiated as permitted by applicable laws and in accordance with the terms of the Financing Documents,

SCHEDULE 2- DETAILS OF GRIEVANCE REDRESSAL MECHANISM AND GRIEVANCE OFFICER:

Level 1:

Call

022 62820570 / 022 48914921

  • The customer can get in touch with the customer service executive over call between 9:30 am to 6:30 pm, 7 days a week & 365 days a year by dialling the above number.
  • If the customer is unable to connect due to temporary heavy call volumes. A callback shall be attempted, in most of the cases, by the customer services team to the customer to resolve his query/grievances.
Chat

022 48913631

  • The customer can get in touch with the customer service executive over Chat (preferably from his/her registered mobile number) between 9:30 am to 6:30 pm, 7 days a week & 365 days a year by saving the above Official WhatsApp Chat number on his/her smartphone. In addition to WhatsApp Chat, the customer can also Chat with the customer service executive by simply using the Chat option given in the Kissht/PaywithRing App.
  • During non-working hours, the customer can use the automated Chatbox service available on the same number for getting his/her basic queries resolved and for raising a grievance too.
Email

care@kissht.com

  • The customer can get in touch with the customer service executive over Email by sending his query/grievance (preferably from his/her registered email id) to the above mentioned email id of the company.

Level 2: If customer is unable to get a satisfactory response or is unable to reach the above Level 1 channels for Grievance Redressal, he/she may choose to escalate the issue to the below mentioned officer’s:

Lender

Grievance Redressal Officer (GRO) Mukul Dwivedi

Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070 Ph: 8044745954

Email: info@sicrevacapital.com

Principal Nodal Officer (NO)

Benishba Jivin

Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070

Ph: 8046983691

Email: benishba.jivin@sicrevacapital.com

LSP

Grievance Redressal Officer (GRO)

Pravin Rathod

Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070 Ph: 080-68249277

Email: care@kissht.com

Nodal Officer (NO)

Zaffar Khan

Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070

Ph: 080-68249278

Email: escalation@kissht.com

Important Notes:

  • The Grievance Redressal Officer (GRO) may be reached on the number provided above anytime between 10:00 and 18:00 from Monday to Saturday except public holidays or through the e-mail address above. The GRO shall endeavor to resolve the grievance within a period of 14 days from the date of receipt of a grievance.
  • If the Borrower does not receive a response from the GRO within 14 (fourteen) days of making a representation, or if the Borrower is not satisfied with the response received from the GRO, the Borrower may reach the Nodal Officer anytime between 10:00 to 18:00 from Monday to Saturday except public holidays or write to the Nodal Officer at the e-mail address above.
  • If the grievance is not redressed by the Nodal Officer of the Company, within a period of 30 (thirty) days, then the borrower can lodge a complaint over the Complaint Management System (CMS) portal under the Reserve Bank- Integrated Ombudsman Scheme (RB-IOS).