Terms & Conditions
Please read these terms carefully before using our services.
At CAPCREDIT INVESTMENTS PRIVATE LIMITED ("CapCredit" or "CCIPL"), we respect your privacy.
These Terms and Conditions constitute a legally binding agreement made between you, ("you"), and CapCredit, and concerning your access to and use of the Services. You agree that by accessing the Services and by proceeding You hereby undertake that you have read, understood, and accepted these Terms and Conditions and acknowledge that together with the Privacy Policy, these Terms and Conditions constitute the entire rights, obligations and remedies in respect of Your use of the Platform. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Your use of the Website / Platform, availing of the product and / or services and specifically, Your acceptance of these Terms and Conditions as aforesaid shall be deemed to be a representation from You that You are above 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
By providing your personal data on this Website/Mobile Application or any other digital channel, you agree to CapCredit, and / or its affiliates and / or assigns use of this information for its business purposes including but not limited to credit evaluation, due diligence, legal / regulatory obligations and risk management procedures. Any and all information collected will be processed in a fair and secure manner.
A. Registration
To avail of the Service, you must register on the Website and create an account ("User ID") with CapCredit. Your User ID is usually your mobile number or an email ID you choose. To register and activate your User ID, you will be required to provide certain personal information to CapCredit. You may also be required to submit certain documents stipulated as per CapCredit's policies as applicable from time to time. The details of the information / documents that we collect and how we use this information / documents are detailed in our Privacy Policies available on our website, which Policy forms part and parcel of these Terms. If these Terms and Conditions read with our Privacy Policy are not acceptable to you, please do not provide any of your information to CapCredit. However, in such event, we may not be able to provide you with our Service or some parts of it.
The details and / or documents requested are not an exhaustive list of requirements and CapCredit reserves the right to require additional documents and / or details as may be deemed necessary by CapCredit in its sole discretion, to complete its internal verification process. In the event the details or documents submitted for creating an account are incomplete or discrepant, CapCredit will request additional information / documentation through email / SMS or WhatsApp sent to the email ID / Mobile Number provided by you at the time of registration on the Website. In case the discrepancies remain unresolved or if CapCredit is unable to successfully complete its internal verification in accordance with its policies, CapCredit shall have the right to reject your request for registration on the Website. CapCredit reserves the absolute discretion to accept or reject your request for creating a User ID and/or availing any of the Services, without assigning any reasons for the same.
If you successfully pass CapCredit's internal verification process and we accept your request for registration on the Website, we will send you an activation code as "one time password" (OTP) to your registered mobile. You can enter the OTP to access your account. Once activated, you can use your User ID together with your password to access the Service and it will remain active until terminated in accordance to these Terms.
By registering and creating a User ID with CapCredit, you declare and confirm that:
- You have created the User ID for your own personal, non-commercial use and that the information and documents you provide to CapCredit will be your details (and not that of any third person).
- You will use the User ID only for yourself and will not use your User ID for the benefit of/detriment of any third party.
- All details and documents that you provide to CapCredit are true, complete and accurate and supported by genuine and valid documents submitted to CapCredit. You further confirm that you will keep all such information and documents current, complete and accurate at all times for as long as your User ID remains valid. You can log in to your account to review and modify any changed details. You may be required to submit documentary proof as required by CapCredit's policies from time to time to authenticate the modified details and may not be able to use the Service until verification of the changed details, is successfully completed by CapCredit. You hereby agree that you will indemnify CapCredit for any loss, damage, claim, action, costs, charges and expenses which CapCredit may suffer or incur as result of acting on or relying on the details and documents provided by you.
- You hereby confirm and authorise CapCredit, to store a record of all your personal data collected including but not limited to your name(s), date of birth, various identity records like PAN, Aadhar, Driving licence etc, present and past contact numbers, present and past addresses, employment details for providing the services to you under this agreement.
- You will be responsible for safeguarding the security and confidentiality of your User ID and password; that you will not share, assign or transfer your User ID or reveal your password to any third party or do anything else that might jeopardize the security of your User ID; and that you will be solely responsible and liable for all actions/instructions initiated using your User ID except in case of any willful or willfully negligent act on our part. CapCredit reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- You will not create more than one User ID and if we disable your User ID for any reason whatsoever, you will not create another one without revealing the same to us and then again, only with our express permission.
- By providing your email ID and Mobile number, you hereby authorise CapCredit to contact you through email, SMS, WhatsApp or such other communication channels to inform you about various products and services which CapCredit has identified as appropriate for your profile.
- If you become aware of any unauthorized use of your User ID or password, you must notify CapCredit immediately by e-mail addressed to ho@capcredit.in with the title "Account-Unauthorised Access".
- CapCredit may suspend or terminate your User ID or your use of the Service at any time without notice, if we suspect that any information / documents that you have provided are untrue, inaccurate, not current, or incomplete or if you found to be in breach of any of these Terms.
- While assessing for financial offerings of CapCredit, CapCredit may require various information including your personal information from various third parties. I hereby authorise CapCredit to obtain such information from such third parties in order to offer me CCIPL's product and / or services. I hereby apply for Credit Bureau Report service from CCIPL through its Website/Mobile Application or any other digital channels (CCIPL Technology Platform/Platform). I have carefully read and fully understood and accepted the following Terms and Conditions together with the terms & conditions pertaining to CCIPL's Privacy Policy, Website Usage Policy and Disclaimer as mentioned on its Technology Platform (collectively "the Terms") and agree that these Terms and conditions may be amended or modified by CCIPL at any time and I will be bound by the amended terms & conditions that are in force.
B. Obligations of the User
- You shall not use the Platform otherwise than as an end user.
- Your use of the Platform should only be for your lawful and personal use and you shall always comply with all applicable laws.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
C. Scope of Service and Limitations
- The Service provided by CapCredit is available and appropriate only for use in India.
- CapCredit will assist you with providing the details of your current credit health.
- You further provide consent and authorise CapCredit to retain as long as it deems it fit, any analysis, interpretation, derivative of information obtained from the credit information report and also any information collected from various lenders, for the purpose of fulfilling services under these Terms.
- You hereby authorize to assign/transfer your authorization to different Credit bureaus, in any circumstance whatsoever, and accordingly provide credit report from such Credit bureau(s). The consent provided by you at the time of registration under these Terms of Service shall be valid for all Credit bureau(s) partnered with us.
- CapCredit shall not be responsible for any adverse impact resulting from your decision on the course of action that you choose to adopt or your failure to abide by the financial obligations you undertake pursuant thereto. While determining your course of action, you are required to independently analyse all relevant factors and exercise your independent discretion.
- The Service provided to you is based on your credit information report and credit rating maintained by various authorized Credit Information Companies ("CICs") in India and any other financial information that you may choose to provide to CCIPL or authorise / give consent to obtain from such CIC. If the information and details provided to CapCredit (by the concerned CICs or you) are incorrect or incomplete, it will adversely affect the quality of the Service. Therefore, you hereby understand and acknowledge that the reports and analysis provided to you by CapCredit is based on CapCredit's commercially reasonable efforts and our past knowledge and experience, and CapCredit does not guarantee any outcome vis-à-vis your credit report or credit rating maintained by CICs.
- By accepting these Terms, you hereby give consent and authorise CapCredit at its discretion to request and receive reports from CICs and retain and store such reports.
- By accepting these Terms, you hereby request and authorize CapCredit to communicate with you, and accept instructions from you or your approval over the telephone, by email, in writing, and/or any other mode and form as may be determined appropriate by CapCredit from time to time.
- You hereby consent to CapCredit, at its sole discretion: recording all telephone calls between you and CapCredit; providing your details to banks and credit institutions to validate correctness of reporting with the CICs; and to share your information including certain personal identifiable information with business partners of CapCredit to provide you with pre-approved offers.
- It is your responsibility to intimate CapCredit of any change in your email address or telephone number.
- For as long as your User ID remains registered with us, CapCredit may, from time to time, recommend our own products and services or the products and/or services of third party banks and other credit institutions to you. Such third party referral is provided strictly on a non-risk participation basis. CapCredit may receive a referral / facilitation fee from these third party banks / other credit institutions for the referral and you hereby confirm that you have no objection to the same.
- CapCredit shall not be liable for any failure or delay to perform any of its obligations if performance is prevented, hindered or delayed by any Force Majeure event including without limitation, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action, riots, insurrection, war, acts of government, breach of computer systems, malfunctioning of computer systems by any malicious, destructive or corrupting code or virus, mechanical or technical errors/failures, power shut down, faults or failures in telecommunication or internet services. CapCredit does not provide legal advice or any advice on your tax liability. You should seek appropriate advice in this regard.
D. Permitted Use
You may use the Website and the Service solely for your own personal and non-commercial use, subject to these Terms that you may accept and agree to be bound by.
Use License: If you access the Services via the App, then CapCredit grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice posted by CapCredit or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
All content, data, design, information or other materials available on and underlying the Website (collectively "Content"), including but not limited to software, images, text, layouts, arrangements, displays, illustrations, photographs, graphics, audio and video clips, HTML files, logos, trademarks including the trademark 'CCIPL' are the property of CCIPL and/or its licensors and are protected by copyright and/or other applicable intellectual property right laws.
You may use the said Content only for your own personal, non-commercial use in connection with your use of the Service, subject always to these Terms.
You are not permitted to copy, reproduce, publish, transmit, sell, license, distribute, adapt, modify, translate, disassemble, decompile or reverse engineer, create derivative works from, or in any way use or exploit the Website, the Service, the Content or any part thereof except for your personal, non-commercial use in accordance with these Terms.
You shall not use the Website, the Service, the Content or any part thereof for any purpose that is unlawful or not permitted by these Terms. Without prejudice to the generality of the above, you shall not use the Website, the Service, the Content or any part thereof to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to
- impersonates another person
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, or otherwise unlawful in any manner
- harms minors in any way
- infringes any patent, trademark, copyright or other proprietary rights
- violates any law for the time being in force
- deceives or misleads CapCredit about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order
- is unsolicited or unauthorized advertising, junk mail, or spam
If you are, or if we have reasonable cause to suspect that you are, in violation of any of these Terms, CapCredit reserves the right to immediately restrict, suspend, or terminate your access to the Website and/or use of the Service.
E. Privacy
Our Privacy Policy describes the personal information and data that we collect about you when you visit the Website/app, use the Service or communicate with us, including while using any computer or other electronic resource; who CapCredit share this information and data with; and other related matters. This Policy shall be deemed to form part and parcel of these Terms.
F. Third Party Websites
The Website may include hyperlinks to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third Party websites are outside the control of CapCredit and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by CapCredit, and CapCredit is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by CapCredit. If you click on one of these links, you will leave the Website and will be accessing the third party site. CapCredit does not verify, monitor or endorse these third party websites or the products / services that are available or advertised or sold through these third party websites and does not accept any responsibility or liability for any loss or damage that you may incur by your visit and/or transactions/activities on these third party site(s).
You agree that you access any such third party sites at your own risk and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
G. Warranty & Disclaimer
CapCredit will make commercially reasonable efforts to provide the Service that you have subscribed to and paid for, in a professional and workmanlike manner.
Except as expressly warranted above, CapCredit does not warrant, and hereby expressly disclaims all warranties, express or implied, including but not limited to those of merchantability, quality or fitness for any particular purpose, performance, accuracy, completeness or non-infringement. CapCredit makes no warranty that the Service will meet your requirements or that it will be error free or free from defects or deficiencies. The Website, the Service and Content are provided on an 'AS IS' and 'AS AVAILABLE' basis.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPCREDIT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CAPCREDIT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND CCIPL WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
CCIPL shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
H. Limitation of Liability
- In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services.
- Notwithstanding anything to the contrary contained herein, CapCredit's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to direct loss or damage caused to you.
- Notwithstanding anything contained in these Terms, CapCredit's liability for damages, if any, will be limited to the lesser of the amount paid if any by you during the prior month period prior to any cause of action arising. If you have not paid CapCredit, CapCredit will not be liable for the payment of any damages to you.
I. Indemnity
You agree to defend, indemnify and hold CCIPL and its affiliates, directors, officers, employees and representatives harmless from all loss, damage, costs and expenses (including but not limited to reasonable attorney fees) suffered by any of them due to or arising out of (1) your use of Services (2) as a result of any breach of these Terms by you; (3) including, without limitation, the submission of any data or material that violates any third party right or any applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CapCredit, and you agree to cooperate, at your expense, with our defense of such claims. CapCredit will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
J. Right to Modify the Service
CAPCREDIT INVESTMENTS PRIVATE LIMITED offers a range of financial products and services through this website, including but not limited to:
- Home Loan
- Personal Loan
- Business Loan
- Loan Against Property
- Used Car Loan
- Loan Against Car
The availability of these products may be subject to eligibility criteria, verification processes, and applicable terms as specified in the respective product documentation or during the application process. All product-related information provided on this website is for general informational purposes only and does not constitute an offer or solicitation.
CapCredit reserves the right to discontinue, change or modify the Service (by addition, deletion or modification) from time to time.
K. Termination
- These Terms you accept shall be binding from the time you click and accept these Terms and will continue until CapCredit terminates the agreement.
- Without limiting any other provision of these terms and conditions, CapCredit reserve the right to, in its sole discretion and with or without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or delete your account, without warning, in our sole discretion.
- CapCredit may terminate the agreement between us and de-activate your User ID forthwith by notice to you at your email address registered with us in the event that you are in breach of these Terms.
- You may terminate this agreement and request deactivation of your User ID by written notice by email addressed to CapCredit at ho@capcredit.in. Your User ID will be deactivated within three (3) working days from receipt of such email.
- Upon termination, your right and license to access and/or use the Service immediately ceases; your User ID will be deactivated and you will no longer be able to access or use the Service. Further, your personal information that is in the possession of CapCredit will be dealt with in accordance with our Privacy Policy.
L. Arbitration, Governing Law and Jurisdiction
- Any dispute arising from or relating to, these Terms or your use of the Website/app or any Service shall be referred to arbitration by a sole arbitrator appointed by CapCredit. The venue of arbitration shall be Delhi and the language of arbitration shall be English. The arbitration proceeding shall be governed by the Indian Arbitration Act as amended from time to time and the award of the arbitrator shall be final and binding on both parties.
- This Agreement shall, in all respects, be governed by and construed in all respects in accordance with the laws of India.
- Competent courts located in Delhi shall have exclusive jurisdiction in connection with any matter arising from or relating to, these Terms or your use of the Website or any Service, to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.
M. Miscellaneous
- Notice: Notices to CapCredit shall be made via e-mail to ho@capcredit.in and all notices to you shall be made via e-mail to the last e-mail address you provide us.
- Assignment: The license granted to you by these Terms is personal to you and you shall not assign or transfer any of your rights or obligations without our prior written consent.
- Waiver: No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach.
- Severability: If any of these Terms are held to be invalid, illegal or otherwise unenforceable by a Court, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions remain in full force and effect.
- Communication: When you use the Website and provide any information on the Website; or when you click any of the buttons available on the Website or when you send an e-mail to CapCredit, you are communicating with CapCredit through electronic records. You hereby consent that such electronic records shall be deemed to be communications sent in writing by you.
- Entire Agreement: These Terms together with the Privacy Policy, Website Usage Policy and Disclaimer, constitutes the entire agreement between CapCredit and you regarding the Service and your use of the Website and supersedes all prior agreements (if any) regarding the subject matter hereof.
- Grievance Officer: If you have any other concern or grievance with respect to any of content/information/data on the Website, please send an e-mail to ho@capcredit.in and we will study the matter and take such action as we deem appropriate under the circumstances.
I hereby give my consent to receive WhatsApp updates & communication from CapCredit on the mobile number provided by me on the Platform.