LoanGain

These terms and conditions constitute a legally binding agreement between LoanGain (referred to as "We," "Us," "the Platform," or "Our") and you, the user ("User"/"You"/"Your"). These terms apply to all individuals accessing, using, and/or participating in the Platform, encompassing the website ("Website"), the mobile application platform LoanGain, and any mobile or internet-connected device ("App") (collectively referred to as the "Platform").

By engaging with the Platform, you acknowledge that our purpose is to connect various users, including consumers, data partners, borrowers, and service providers, to facilitate lending and borrowing activities. The term "Users" pertains to all individuals utilizing the Platform. Your use of this Platform affirms that you have read, comprehended, and accepted the terms and conditions ("Terms & Conditions" or "T&C") outlined below.

In the event that you disagree with these terms and conditions, you are required to communicate your dissent in writing and are explicitly prohibited from accessing the site. It is imperative that you cease usage immediately.

Intellectual Property Rights

All content on the App, including page headers, images, illustrations, graphics, audio clips, video clips, text, reports generated, trademarks, and trade names ("App Content"), constitute our intellectual property and the property of our licensors. The App and the App Content are protected by copyright laws in all applicable jurisdictions.

You may access the App, use its features and facilities, and utilize the App Content for personal or internal purposes only. You are not permitted to duplicate, distribute, create derivative works of, display, or commercially exploit the App Content, features, or facilities, either directly or indirectly, without our prior written permission. If you wish to request permission to commercially exploit any particular App Content, please contact us using the method provided.

LoanGain and its licensors, if any, are the sole owners of the underlying software and source code associated with the App, as well as all trademarks, copyrights, and any other intellectual property rights of any nature in the App.

Usage of the Application

Through the App, LoanGain assists users in gaining access to specific credit schemes offered by its banking and financial partners.

LoanGain grants you a restricted, non-transferable license to download and use the App on a device that meets the specifications outlined in Clause 7 of these T&C. This license allows you to avail of the functions and features in accordance with these T&C.

The App provides a range of facilities to its visitors, including qualification for various financial products, monitoring personal financial transactions and credit history, and personal credit management.

You are required to provide us with certain personal and financial information, which will be collected and maintained in accordance with our Privacy Policy.

We will not mediate or attempt to resolve any disputes or disagreements between you and third parties.

Your name in the application will be used as per the records in NSDL.

Changes

We reserve the right to update, modify and change these T&C at our sole discretion without prior notice. Your access and use of the App following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. Therefore, you’re encouraged and welcomed to read these T&C each time you access and use the App.

Eligibility: The User of the platform (or LoanGain) unequivocally declares and agrees that the User is a natural / legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the Services in accordance with the T & C detailed hereinafter.

If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as LoanGain） may require in connection therewith.

Security

You have an option to set a security passcode on the App once you are approved for a credit limit. You are responsible for maintaining the confidentiality of the passcode and your account (“Account”) and are fully responsible for all activities that occur under your passcode or Account. You agree to: (1) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (2) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.

You hereby acknowledge that the deletion of the App from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of LoanGain, immediately upon receiving your written request to that effect LoanGain） shall remove and/delete all such information. You hereby acknowledge that the removal of your details from LoanGain） does not constitute termination of your obligations, if any, to our banking partner who may have approved your credit limit on LoanGain.

Customer Communications

Using the App or platform implies your expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.

You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us in writing whenever you stop using a particular telephone number(s) and/or email address (es).

User Guidelines

In consideration of LoanGain granting you the rights hereunder, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the App in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any LoanGain server, or interfere with any other party’s use and enjoyment of the App. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any LoanGain server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the App.
The App is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the App or any deliverable generated by the App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the App; and/or (iii) create derivative works of the App.
You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the App. Also, you shall not reverse engineer or reverse compile our technology that is available on the App, including, without limitation, such Java Applet, as may be associated with the App from time to time.
You shall request LoanGain, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify LoanGain immediately of any unauthorized use of the Account or any other breach of security. LoanGain shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform LoanGain, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by LoanGain or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and LoanGain.
LoanGain shall make all reasonable efforts to ensure that your information is kept confidential. However, LoanGain shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence, any Force Majeure event including but not limited to Act of God, governmental act, war, earthquake, fire, flood, explosion, civil commotion, industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, industrial or trade dispute, adverse weather, disease, accident to (or breakdown of) plant, unforeseen shortage or unavailability of any raw materials, transport, electricity or other supplies, regulatory intervention or any other causes which are not within the control of the App or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and LoanGain shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand and acknowledge that upon using the App, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the App, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent, and not the agent or on behalf of the third party. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
In the event your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission, YOU SHALL NOTIFY US IMMEDIATLY. Please refer the detailed instructions received from your bank for additional precautions to be taken to protect account safety from loss/ theft/ misuse of your credit card.
LoanGain accepts no responsibility for advertisements contained within the Website. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the Website provides a link. Further, the Users consent and agree that the content provided in the Website shall be synced and shall be available in both mediums.

Indemnification

By using the platform you consent to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’fees, arising from or related to your access and use of the App in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. The terms of this provision will survive any termination or cancellation of these T&C or your use of the App.

Warranties

We want to ensure that you have a positive experience with the App, but we cannot guarantee that everything will always be perfect. Therefore, we provide the App and its features on an "as is" and "as available" basis. We explicitly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

While we will make reasonable efforts to ensure that the App is always available, we cannot guarantee that it will meet your specific requirements, operate uninterrupted, be timely, secure, or error-free. Furthermore, we do not guarantee the accuracy, reliability, and/or quality of the output derived from the use of the functions and features.

LoanGain will not be held liable for the loss or damage of any confidential information or data of the User due to events beyond our control, including failures or problems with the internet or part of the internet, attempted or actual hacker attacks, denial of service attacks, and viruses or other malicious software attacks or infections.

You download or obtain material through the App at your own risk. You are solely responsible for any damage to your Device or loss of data resulting from such material's download. No advice or information, whether oral or written, obtained from us through or from the App will create any warranty not expressly stated in these T&C.

Severability

If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: i) Such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and ii) The remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

Refund & cancellation policy

Any excessive or additional payment made by You shall be refunded back within 30 days pursuant to the reconciliation of the accounts by LoanGain.

The cancellation of the service can only be done, if such cancellation is done within 24 hours of receipt of the loan amount in Your Bank Account. Please note that no cancellation shall be done after 24 hours of receipt of loan amount.

Termination

LoanGain may terminate the use of the App at any time after giving notice of the termination to you.

Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the App.

Waiver

Any failure on the part of LoanGain to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by LoanGain of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

As a User you also acknowledge that we have maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Website is based on the information that is provided to us. In case the User does not disclose any information to us, and the same is not found out at the first instance by us despite all measures adopted to certify the ratings or credibility of a User, we shall not be responsible for any claims or liabilities. We, in any event are not responsible for any default in return of money that is borrowed from the lender and the lender shall have the exclusive right to initiate proceedings against the defaulter borrower. We shall to the best of our abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, we shall not be responsible for any default on behalf of the User. We are an information platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined in the Website.

LoanGain makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms and 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.

Assignment

You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of LoanGain. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of LoanGain. Any assignment or transfer in violation of this clause will be deemed null and void.

Independence from Platforms

We want to make it clear that the App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed, or in any way linked to any platform operator, including but not limited to Apple, Google, Android, or RIM Blackberry (each being an “Operator”).

Please note that your download, installation, access to, or use of the App is also subject to the terms and conditions of the Operator. You and LoanGain acknowledge that these T&C are concluded only between you and LoanGain and not with any Operator. LoanGain is solely responsible for the App and the content thereof to the extent specified in these T&C. As required by applicable law, LoanGain is solely responsible for providing any maintenance and support services with respect to the App. However, please note that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Furthermore, you and LoanGain acknowledge that LoanGain, not the relevant Operator, is responsible for addressing any User claims or your possession and/or use of the App. You must comply with any applicable third-party terms of agreement when using the App, such as ensuring that your use of the App is not in violation of your Device agreement or any wireless data service agreement.

Additionally, you and LoanGain agree that the relevant Operator and its subsidiaries are third-party beneficiaries of these T&C. Upon your acceptance of these T&C, the Operator will have the right (and will be deemed to have accepted the right) to enforce the terms of these T&C against you as a third-party beneficiary thereof.

Updates

LoanGain reserves the right to update the App, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.

You hereby agree to install the updates from time to time and acknowledge that LoanGain will only be able to provide Account support for the App if you ensure to install all updates upon receiving notifications thereof when using the App.

Indemnification

You agree to indemnify, save, and hold the Apps affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Website or App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. The App reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the App including rights to settle, and You agree to cooperate with the App defense and settlement of these claims. The App 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. This paragraph shall survive termination of this Terms & Conditions.

Validity

These T&C shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the Account.

Disclaimer of Warranties

You expressly understand and agree that: Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an “as is” and “as available” basis. App and expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.

App makes no warranty that: 1) The service will meet your requirements. The service will be uninterrupted, timely, secure, or error-free. 3) Any errors in the technology will be corrected.4) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. 5)The results that may be obtained from the use of the service will be accurate or reliable. 6) You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or service provider through or from the service will not create any warranty which is not expressly stated in these terms.

APPLICABLE LAWS

Your use of this Platform and any Term & Conditions stated in this agreement is subject to laws of India. For the event of any dispute arising out of the performance or the interpretation of this Agreement, the Parties hereby agree to make every effort to reach an amicable settlement.
But if the Parties fail to resolve the concerned dispute via an amicable settlement, then the dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by reference of the dispute to sole arbitrator to be mutually appointed by both parties as per the provisions of Arbitration and Conciliation Act, 1996. The Arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Chandigarh. The language used in arbitral proceedings shall be English.
This Agreement shall be construed in accordance with and governed by the laws of India

Governing Law and Justification

These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the App, you hereby irrevocably consent to the exclusive jurisdiction and venue of Arbitration in Chandigarh, India, in the event of any disputes arising out of or in relation to your access to and use of the App.

Limitation Of Liability

Notwithstanding anything to the contrary contained herein, neither LoanGain nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless LoanGain, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Platform. You agree that neither company or service provider nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if company or service provider has been advised of the possibility of such damages, resulting from:

The use or the inability to use the service.
The cost of getting substitute goods and services.
Any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service.
Unauthorized access to or alteration of your transmissions or data.
Statements or conduct of anyone on the service.
The use, inability to use, unauthorized use, performance or non-performance of any third-party account provider site, even if the provider has been advised previously of the possibility of such damages.
Any other matter relating to the service.

Grievance

Redressal If you have any questions or concerns about how your personal information has been used, or if you wish to opt-out of having your personal information shared with third parties for any purpose that is materially different from the purpose you shared it with us, please send a request to the following email address and specify your preferred mode of response (email, telephone): EMAIL:customercare@loangain.in