SARVAM FINTECH PRIVATE LIMITED
TERMS AND CONDITIONS
Sarvam Fintech Private Limited, is a private limited fintech company incorporated in India, operating under the brand name of “Scholfe” (“We”/ “Us”/ “Our”) and is engaged in the business of providing easy, transparent and speedy loans using innovative technology solutions (“Services”) to its clients (who shall hereinafter be referred to as “You”, “Your” “User” as applicable). The Services shall be rendered either through its website at [insert website details] (“Website”) or through various mobile applications that are made available to you (“Applications”) from time to time (the Website and Application shall be collectively referred to as “Platform”).
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.
These Terms apply to all visitors, users and others who wish to access or use Platform and/or Services. Please note that We reserve the right to revise this Terms at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes.
A user may indicate his / her rejection, by immediate exit or clicking cancel or closing the window. Upon rejection, the user cannot use the Platform or seek information.
All the terms of service or license may not always appear on the same webpage or window.
By continuing to use or access the Platform you are deemed to have read, understood and expressly agreed to the following Terms which shall be binding on you:
Accessing the Platform
By using the Platform or availing our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org. It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them.
By using the Platform, you represent and warrant that:
These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.
You understand that, we shall disburse the loan subject to fulfilment of the terms and conditions and other requirements and execution of necessary documentation. The sanctioned loan shall be disbursed in the designated bank account provided by the User only. You are required to repay the outstanding amount(s) to us on the respective due date(s) mentioned by us. Non-compliance of this provision shall be construed to be material breach, and shall lead to termination of these Terms, in addition to any other criminal, civil liability available to us.
You further acknowledge that you shall adhere to any Know Your Customer guidelines issued by us which shall be in accordance with the Reserve Bank of India (Know Your Customer (KYC) Directions, 2016 from time to time. These guidelines shall be displayed on the Platform from time to time.
Use of Platform
We grant you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform, solely for your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform shall be subject to the following representations and warranties:
Any configuration or set up of the devices for access to the Platform shall be your sole responsibility.
You will not take any action that interferes with, degrades or adversely affects us and/or the Platform.
You will not use the Platform in a manner that: (i) is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) will violate or tamper with the security of the Platform.
You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content.
You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you.
You shall be solely responsible for: (i) procuring and maintaining your network connections and telecommunications links, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
When you apply to use our Services, you will be asked to enroll/register by following a guided process and then be issued a Login ID and Password. The Login ID and Password are the means through which you access certain Services. You acknowledge and agree that it is your responsibility to safeguard the Login ID and Password you select from any unauthorized use and to ensure that the same is not revealed to any third party. You will immediately notify us if your Login ID and / or Password is lost or becomes known to another person and you are solely responsible for all access to and use of this site and you shall not let any other person use your Login ID and / or Password or any registered user or subscriber Services.
When you create an account with us, you guarantee that you are prohibited from doing so under any applicable law or regulations in force and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform and the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you wish to purchase any product or service made available through our Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Intellectual Property Rights
The trademarks, service marks, and logos used and displayed by us, in any manner on the Platform or in any of the content (excluding content provided by users) are our registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.
Such propriety trademarks or logos belonging to us or our suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without our prior approval or the respective owners of such proprietary mark.
All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with us. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.
By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold us, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to our representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.
Limitation of Liability
To the maximum extent permitted by law, We shall provide the information relating to the Platform and the Services without warranties, guarantees or representations. We shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.
Under no circumstances will We be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if We have been advised of the possibility of such damages.
We explicitly disclaim any and all liability for any the following:
You agree not to use the Platform for any commercial or business purposes, and acknowledge that We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.
Linking to the Platform
You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any such way that suggests a form of association, approval or endorsement with or by us, where none exists. You must not establish a link to the Platform in any Website that does not belong to you.
Our Platform/Services may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT WE 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 WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Should you wish to make use of any of the content on the Platform other than set out above or report any complaint of abuse or misuse, please contact: email@example.com.
Disclaimers and Warranties
The content in the Platform is provided to you strictly on an "as is" and “as available” basis. Notwithstanding anything contained in these Terms, We do not make any representation and/or warranties of any kind, express or implied, that the Platform: (i) will perform error-free or uninterrupted, or that We will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by us, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated on a day-to-day basis and (v) is complete, reliable, is of quality, accuracy, has highest standard of security.
Your use of the Platform and/or the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms.
YOU EXPRESSLY AGREE THAT YOU’RE USE OF THE PLATFORM AND/OR THE SERVICES, THEIR CONTENT, AND ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We may terminate or suspend your account and bar access to Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the Platform and the Services.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Bengaluru, India.
We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.
By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.
© All Rights Reserved with Sarvam Fintech Private Limited 2021.