EX MONEY - TERMS OF REGISTRATION

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended 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.

These terms and conditions (“Terms”) apply on the usage of Ex Money Pvt Ltd website www.exmoney.in (the "Website"), its smart phone Application titled ‘ExMoney’ (the “Application”) as well as to all information, recommendations and/or services provided to You on or through the Website, the Application or through the Customer Care (“CC”) services provided by ExMoney over a telephone or through any form of electronic communication, including communication made via any social media. The term 'You' refers to the user of our services, through the Website, the Application and the CC (“User”).

These Terms, along with ExMoney Privacy Policy, as amended and updated from time to time, constitute the entire agreement between the User(s) and ExMoney with respect to access to and use of the Website / Application / CC and the Services (as defined hereinafter), superseding any prior written or oral contracts in relation to the same subject matter herein. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, PLEASE DO NOT USE THE ExMoney WEBSITE, APPLICATION, CC, OR SERVICES.

SERVICES

1.1 ExMoney offers a technology platform for financial services, including, but not limited to, connecting potential loan seekers to loan providers, and creation and provision of data analytics based on (i) the contents of Short Messaging Service (“SMS”) messages on Your mobile telephone, (ii) Your mobile telephone contact list, (iii) Your call history, (iv) Your location as provided by your mobile telephone, (v) Your usage of other mobile applications, and (vi) Your download, installation, and usage (as applicable) of the Website, the Application, and the CC (collectively, the “Services”).

1.2 ExMoney technology platform, enables Users who seek to obtain loans (“Beneficiaries”) with certain lenders (“Benefactors”) who may be willing to provide such loans to such Beneficiaries.

1.3 ExMoney shall make reasonable efforts to connect Beneficiaries and Benefactors. The Services are subject to the availability of Benefactors

USER(S) ELIGIBILITY

User(s) means an individual who uses and has the right to use the Services provided by ExMoney . Our Services are available only to those individuals who have Indian citizenship and who can form legally binding contracts under the applicable law. Therefore, a User must not be a minor, of unsound mind or insolvent, as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services and must be competent to enter into a valid contract. The User must hold Indian citizenship status, and ExMoney may ask the User to provide valid documents to prove the same.

ExMoney hereby advises You that while accessing the Website/Application, You must follow/abide all applicable laws. ExMoney is not responsible for the consequences of Your behaviour or negligence, misfeasance or malfeasance during use of the Website / Application / CC / Services. ExMoney at all times reserves the right to deny Services to You without any obligation to state the reasons for such withholding or withdrawal of Services.

USER INFORMATION, OFFERS AND PROMOTIONS

ExMoney collects general User data including name, email ID, phone number and other contact details, bank accounts details, access to the User’s SMS inbox records, contact list, and contact’s phone numbers, call history, location, usage of other mobile applications, and the User’s debit card, credit card, and bank details, and any other information as may be required, to facilitate the Services.

The type of information collected by ExMoney is dependant on the nature of the Services being provided, and all types of information specified above may not be collected for the provision of all Services. ExMoney may use any information it collects from You to improve, maintain, provide, and make more secure the Services, the Website, the Application, and the CC services. Maybright may also use any information provided to it by You to send You commercial or marketing messages and by availing of the Services and using the Application, Website and CC Services. You consent to receive such messages. ExMoney  may also, without Your further consent, use any information provided by You for administrative purposes, including notifying You of any updates to these Terms or its Privacy Policy. Certain types of information provided by You may constitute sensitive personal data or information as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“the SPDI Rules”), and You hereby give your consent (as described in the SPDI Rules) to ExMoney  to use any information provided by you for the purposes described here.

Furthermore, you hereby authorise ExMoney  to use any information collected as a part of the User data, including your contact list and contacts’ phone numbers in order to apprise such contacts of the status of any loans you may have availed through the use of the Services, the repayment status of such loans, and any other related information.

You hereby agree to indemnify and hold harmless ExMoney , its directors, employees, agents, affiliates, and partners, from and against any and all claims or actions brought against them by any person listed on Your contact list

You understand and agree that ExMoney may provide some or all of the information provided by You to any of its third party vendors, agents, contractors, or service providers, as may be necessary for ExMoney in the course of providing the Services, or maintaining or operating the Website, the Application, or the CC services, and hereby accord your consent for the same. ExMoney shall ensure that all such recipients of User information are bound by conditions of confidentiality at least as stringent as those that ExMoney agrees to bind itself by hereunder, but does not in any manner guarantee the security, confidentiality, or protection of such information by such third party vendors, agents, contractors, or service providers, nor does ExMoney extend any promise by way of indemnity or damages (liquidated or otherwise) to Users for any loss or unauthorised use of User information by such third party vendors, agents, contractors, or service providers.

It is assumed that all information collected from the You is correct and accurate. Misuse and misrepresentation of identity or contact details could lead to automated termination of Services or the use of the platform without prior notice to such Users.

User accounts bearing a unique identification are created and owned by ExMoney. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the User. In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. ExMoney reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

ExMoney may request You to submit certain details relating to your Aadhaar number and Aadhaar card as a part of the Services or any Transaction, or as a condition for your use of the Website / Application / CC / any other Service. By submitting the images of and from your Aadhaar card and the other information requested on the Website / Application, CC, or as part of any other Service You: (i) Give that Proofs to ExMoney, (the “Authorised Persons”) to receive the images of your Aadhaar Card as well as the details set out on your Aadhaar card, including your Aadhaar number (the “Information”), for the purposes of confirming your identity (the “Purpose”), and to store and use such Information, for the Purpose, (ii) acknowledge and agree that such submission of the Information is voluntary on your part, and you have not been coerced or influenced to submit the same in any manner by the Authorised Persons or any other persons, and (iii) release the Authorised Persons and their directors, employees, agents, and subcontractors, from and against any and all liabilities, claims, or legal actions, including under privacy and data protection laws, as regards their receipt and use of the Information.

 

“If you do not wish to submit the Information, please do not proceed with the use of the Website, Application, CC, or any other Service provided by the Authorised Persons

USAGE CONDITIONS

You are advised to provide accurate information to ExMoney . ExMoney can verify the information that You have provided and choose to refuse Services or use of the Application / Website without providing any reasons therefor.

By using the Application or Website You agree that:

(i) You have understood these Terms with ExMoney and You have clearly understood the terms and conditions of the Services.

You shall use the Application for personal purposes only.

You shall not assign or otherwise transfer Your account to any other person or legal entity.

You shall not use the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.

You shall not use the Services to cause nuisance, annoyance or inconvenience.

You shall not impair the proper operation of the network, hack or illegally access any user data from the Website/Application or make any material change in the Website/ Application without the prior permission of ExMoney since any of these above acts will be construed as hacking or data theft under extant Indian laws

You shall not try to disrupt the provision of the Services to any User in any way whatsoever.

You shall not copy, or distribute the Application or other ExMoney content without written permission from ExMoney .

You shall keep Your account password information, or any other identification we provide You which allows access to the Services, confidential.

You shall provide us any proof of identity we may request, and as may be specified by the Reserve Bank of India (“RBI”) in relation to any Customer Due Diligence or Know-Your-Customer processes, as may be applicable.

You shall comply with all applicable law of Your city, state and the country while using the Wesbite, the Application, the CC, or the Services.

In addition to its other rights under these Terms, ExMoney reserves the right to immediately terminate the Services, if You does not comply with any of the above.

REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

Without prejudice to the above, ExMoney makes no representation or warranty that:

  • The Services will meet the User's requirements.
  • The Services will be uninterrupted, timely or error-free.Without prejudice to the above, ExMoney shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Users arising out of:
  • the use of the Service offered by ExMoney, including, but not limited to, direct, indirect, incidental, punitive, or consequential loss or damages.
  • the use of the Application, the Website, or the CC services for any reason whatsoever, including, but not limited to, the User's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of ExMoney or any person or any organization involved in the above mentioned systems

REFUND AND CANCELLATION POLICY

Once a Benefactor offers a loan to a Beneficiary, the Benefactor is not entitled to a refund of the money offered so long as the Beneficiary accepts the offer,or a loan contract is created; a transaction cannot be cancelled thereafter. Once a Beneficiary accepts an offer for money and/or a loan contract is created in some other manner, the Benefactor is not entitled to a refund of the money and bound by the terms of the contract, and the transaction cannot be cancelled.

AMENDMENT TO TERMS

ExMoney shall be entitled to add to, vary or amend any or all these Terms at any time and You shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these Terms on the Website or the Application on the date that ExMoney may indicate that such addition, variation or amendment is to come into effect.

INTELLECTUAL PROPERTY RIGHTS

ExMoney is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content includes its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with ExMoney , its affiliates or licensors of ExMoney content, as the case may be.

All rights not otherwise claimed under these Terms or any other terms, are hereby reserved. The information contained in the Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. ExMoney does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Services.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in the Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall ExMoney , its directors, employees, agents, affiliates, or partners, be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. User(s) of the Website/ Application must hereby acknowledge that any reliance upon any Content shall be at their sole risk.

ExMoney clearly states that all information shared by the Users on or through the Website or the Application, shall upon such act of sharing, become part of the proprietary asset of ExMoney , and can be used/ commercially exploited by ExMoney in compliance with applicable laws, with no requirement of further consent from the disclosing User.

ExMoney reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services.

TRADEMARK

All related icons and logos are registered trademarks or trademarks or service marks of ExMoney in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

By clicking the “Login”, “Register”, or “I Agree” button, You consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by You when we send the electronic communication to Your email address / mobile number per our records, or when we post the electronic communication on the Application or the Website.