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Terms & Conditions

These Terms and Conditions along with the disclaimer and the Privacy Policy as maybe amended and supplemented, from time to time, constitutes a legally binding financial services end-user license agreement between TruCap Finance Limited (formerly known as Dhanvarsha Finvest Limited) (“TruCap”) and you i.e. the visitor (“Visitor”) for using the financial services of TruCap and sharing certain data through any of its Website (“Website”) or Applications (“App”) or dashboard of associated Institutes and its employees or dashboard of representatives of TruCap you must read and accept all of the terms and conditions in and linked to the Privacy Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Use without prior notice.

ACCEPTANCE OF TERMS AND MODIFICATION THEREOF

  1. If the Visitor does not agree with any of the Terms and Conditions and the Privacy Policy of TruCap, the Visitor must not access the Website/ App. This Terms and Conditions constitutes a binding contract between the Visitor and TruCap with regard to the access and use of the Website/ App.

  2. TruCap reserves the right to make any changes to the Terms and Conditions and the services offered to the Visitor (“Services”). Any changes to this Terms and Conditions will only be effective when posted or updated on the Website/ App, and the Visitor agrees to review this Terms and Conditions regularly to understand any changes.

  3. The Visitor agrees that this Terms and Conditions may be amended by TruCap, at its sole discretion, being provided by it vide the Website/ App and/or this Terms and Conditions either wholly or partially, at any time and without the requirement of any prior notice or consent.

  4. The Visitor expressly agrees that he will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Website/ App, of any information about the Visitor contained in the applicable TruCap database, to the extent TruCap assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of TruCap assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Website/ App to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, the Visitor’s continuous use of the Website/ App signifies the Visitor’s agreement to be bound by the policies or otherwise any new policy incorporated by the Website/ App’s subsequent owner or operator.

  5. TruCap reserves the right, in its sole discretion, to terminate the access to the Website/ App and/or any of the Services or any portion thereof at any time, without any prior notice.

  6. That no discount or free gift or any other commitment whatsoever is given to customers by TruCap or any of its authorized representative(s) other than what is documented herein, if any.

  7. TruCap shall not process incomplete/defective Website/ App form, for which if any loss or delay is caused to customers, customers will not hold TruCap liable for such loss or delay.

  8. In case of any submission of loan on the Website/ App to TruCap, it does not imply automatic approval and TruCap will decide the quantum of the loan at its sole and absolute discretion. TruCap in its sole and absolute discretion may either sanction or reject the Website/ App for granting the loan.

  9. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms and Conditions or the right to use the Website/ App by the Visitor as contained herein or any other section or pages of the Website/ App in any manner whatsoever.

  10. The Terms and Conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to these Terms and Conditions as a whole.

VISITORS

  1. By submitting the Visitor’s information including any personal information on the Website/ App, if any, the Visitor expressly consents to the transfer of such data to TruCap, and to the processing of such data on the server of Branch, where the Visitor’s data will be governed by laws of India (“Applicable Laws”).

  2. The Visitor agrees and undertakes not to use the Website/ App for any illegal purposes or sell, trade or resell or exploit for any commercial purposes, any portion of the Services. For the removal of doubt, it is clarified that the Services, including the use of the Website/ App, is not for commercial use but is specifically meant for personal use only of the Visitor.

  3. The Visitor further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Website/ App in any manner whatsoever.

  4. The Visitor undertakes that the Visitor shall not:

     

    • I. create or submit anything that is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India’s guidelines or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;

    • II. re-publish, maintain and/or display any Website/ App content on any Website/ App or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;

    • III. send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by TruCap) purpose;

    • IV. provide false information about him or anyone else (including, without limitation, if and when the Visitor are being asked on the Website/ App to provide accurate information about the Visitor’s age), and the Visitor will not impersonate or appear to impersonate anyone else or otherwise misrepresent the Visitor’s affiliation with any person or entity;

    • V. use any one or more of the Licenses (as defined below) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Website/ App, unless the Visitor would have obtained prior permission from such user to do so;

    • VI. interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website/ App (or any parts thereof);

    • VII. remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Website/ App content;

    • VIII. remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo filtering and/or encryption) associated with Website/ App content;

    • IX. use bots, spiders, offline readers or other automated systems to access or use the Website/ App in a manner that sends more request messages to the Website/ App’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless the Visitor is a lawfully operating a public search engine, in which case (subject to TruCap’s full discretion to revoke this exception at any time), the Visitor may use spiders to index materials from the Website/ App for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;

    • X. knowingly transmit any material that contains adware, malware, spyware, software viruses, time bombs, cancel bots, worms, trojan horses, 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;

    • XI. do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of TruCap or any of its affiliates, or the Website/ App, or any of the content running or being promoted on the Website/ App (including, without limitation, any movie, television program or other initiative);

    • XII. do anything on the Website/ App that would prevent other users’ access to or use of the Website/ App or any part thereof; and

  5. The Visitor and/or the advertising agency or agent of the Visitor represents and warrants that it has the power and authority to execute, deliver and perform its obligations under these Terms and Conditions and all necessary corporate, shareholder and/or other actions have been taken by it to authorize such execution, delivery and performance, and that this Terms and Conditions constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. The execution, delivery and performance of its obligations under these Terms and Conditions does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon it.

  6. The Visitor represents and confirms that the Visitor is of legal age to enter into a binding contract and is not a person barred from accessing and using the Website/ App and availing the Services under the laws of India or other applicable law.

  7. It will be the sole responsibility of the Visitor to ensure that the use of name and password are kept confidential and not disclosed to any third party, including any representative of TruCap, or its agents and shall take all possible care to prevent discovery of the under name or password by any person

DISCLAIMER OF WARRANTIES

  1. TruCap does not provide any representations and warranties (whether implied or express) for the quality, accuracy or completeness of any data or information on the Website/ App and disclaims all warranties of fitness for a particular purpose and merchantability including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Visitor or any other person, arising out of or from the use of any such information on the Website/ App.

  2. TruCap does not endorse any advertiser on its Website/ App in any manner. The Visitors are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

  3. TruCap shall not be responsible for the delay or inability to use the Website/ App or the Services, the provision of or failure to provide the Services, or for any information, software, products, services and related graphics obtained from TruCap through the Website/ App, whether based on contract, tort, negligence, strict liability or otherwise. Further, TruCap shall not be held responsible for non-availability of the Website/ App during periodic maintenance operations or any unplanned suspension of access to the Website/ App and/ or the Services that may occur due to technical reasons or for any other reason whatsoever. The Visitor understands and agrees that any material and/or data downloaded or otherwise obtained from TruCap through the Website/ App is done entirely at his discretion and risk and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.

  4. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from any law or cause of action to the extent such exclusion and limitations are not prohibited by applicable law.

Website/ APP

  1. The Website/ App may contain links to other websites or may contain features of any nature of other websites/ apps on the Website/ App (“Allied Sites”). The Allied Sites are not under the control of TruCap and TruCap is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.

  2. TruCap is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. TruCap does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

  3. The Website/ App may contain services such as email, chat, bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message (“Message Services”). The Visitor agrees and undertakes to use the Message Services only to post, send and receive messages and material that are proper and related to the particular Message Service. By way of example, and not as a limitation, the Visitor agrees and undertakes that when using a Message Service, the Visitor will not threaten, abuse, harass, stalk, defame, or otherwise violate the legal rights of others; or publish, upload, post, distribute or disseminate any defamatory, infringing, inappropriate, obscene, profane, indecent or unlawful topic, name, material or information; or upload files that contain software or other material protected by intellectual property laws unless the Visitor owns or controls the rights thereto or has received all necessary consents; or upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/ App or another’s computer; or advertise or offer to sell or buy any goods or services for any business purpose, unless such Message Service specifically allows such messages; or download any file posted by another user of a Message Service that the Visitor knows, or reasonably should know, cannot be legally distributed in such manner; or conduct or forward surveys, contests, pyramid schemes or chain letters; or violate any code of conduct or other guidelines, which may be applicable for or to any particular Message Service; or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or violate any applicable laws or regulations for the time being in force in or outside India; and; or violate any of these terms and conditions or any other terms and conditions for the use of the Website/ App contained elsewhere herein.

  4. TruCap is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. TruCap does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

  5. TruCap does not control or endorse the content, messages or information found in any Message Service and, therefore, TruCap specifically disclaims any liability or responsibility whatsoever with regard to the Message Services and any actions resulting from the Visitor’s participation in any Message Service.

  6. If and when you register with the Website/ App, TruCap or any of its partners/ affiliate/ group companies may contact you from time to time to provide the offers/ information of such products/ services that they believe may benefit you.
 

CANCELLATION AND REFUND POLICY

If the Website/ App provides any paid services and the Visitor in order to avail such services makes any payment on the Website/ App then:

1. Once the payment has been made, no cancellation request will be entertained for any reason.

2. Once the payment has been made, no refund request shall be entertained unless the reason is valid. Validity of the reason shall be as per discretion of TruCap.

DECLARATION

  1. The Visitor hereby confirms and records that the contents of these Terms and Conditions have been read out and explained to the satisfaction of the Visitor. The Visitor agrees to abide by the same at all times.

  2. Visitor hereby authorizes TruCap to carry out credit enquiries on the credit bureaus.

  3. Visitor hereby declare that all the information voluntarily furnished by him is true, correct and complete and confirms that Visitor will not hold TruCap or any of its officials responsible in case of any incorrect information provided by him.

NON-COMPLIANCE

  1. If the Visitor breaches the terms & conditions/policy on Website/ App in any way, or if we suspect that you have breached these terms & conditions/policy on Website/ App in use, in any way, TruCap may take necessary steps as follows:

    • I. send one or more formal warnings;

    • II. temporarily/permanently block the Visitor’s access to the Website/ App;

    • III. block all computers/devices using such Visitor’s IP address from accessing the Website/ App;

    • IV. request such Visitor’s internet service providers to block your access to Website/ App;

    • V. commence legal action against such Visitor, for recovery of amounts due or damages arising out of your breach of terms & conditions/Policy on Website/ App Use; and/or

    • VI. suspend or delete such Visitor’s account on Website/ App.

  2. The Visitor herein agrees to indemnify and hold TruCap harmless from and against any and all claims, action, liability, cost, loss, damage, endured by TruCap due to the Visitor’s access to the Website/ App.

GOVERNING LAW

The use of this Website/ App and the policy on Website/ App shall be governed by Indian law. The policy on Website/ App and your activity under this policy are an ‘electronic record’ in accordance with the (Indian) Information Technology Act, 2000.