Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Cashmall may, at its sole discretion, amend the Terms from time to time. Unless otherwise set out herein, amendments will be effective upon Cashmall’ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
a. If You are an individual You must be at least 18 years old. If You are a non-individual You must be duly authorized (by such non-individual entity) to agree to these Terms.
b. You must be a human being to enter into these Terms. Any use of Cashmall System by ‘bots’ or other automated tools or methods is not permitted under this Agreement.
c. You represent and warrant that you are capable of entering in to these Terms and performing the obligations set out hereunder.
2. Account Set Up
a. In order to use the Cashmall System and avail the Service, you must register for and maintain a service account (“Account”). Account registration requires you to submit certain information such as your name, address, mobile phone number and age and any unique identifier that may be issued to you by Cashmall.
b. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use Cashmall Systems and/or the Services or result in Cashmall’ termination of this agreement with you. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cashmall in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to Cashmall shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.
a. The Service constitutes of Your access to Cashmall System, the assessment by Cashmall of your credit worthiness, and subject to Cashmall determining (in its sole and absolute discretion) that it is appropriate, your ability to submit an application (“Credit Facility Application”) for short term credit facility (“Advance”) to a duly licensed entity who has partnered with Cashmall (“Cashmall Partner”) and use of such other functionalities of Cashmall System as permitted by Cashmall. For the avoidance of doubt, Cashmall is under no obligation whatsoever to reveal to you (including your nominees, heirs and successors) its assessment of your creditworthiness at any point in time.
b. You acknowledge that Cashmall allows You to submit a Credit Facility Application on the basis of a determination made by methodologies and algorithms in Cashmall Systems. The Cashmall Systems undertake a dynamic evaluation of risk in relation to each Credit Facility Application submitted by You based on various factors including the amount of the Advance, the credit eligibility parameters and other requirements set out by the Cashmall Partner. Cashmall Systems may undertake a separate determination in relation to each Credit Facility Application made by you. Given the dynamic nature of the determination made by Cashmall Systems, You acknowledge that there is no assurance or guarantee that Cashmall shall allow You to submit a Credit Facility Application for each and every Advance that you seek to avail.
c. You agree and accept that Cashmall or a Cashmall Partner may in its sole discretion, by its self or through authorised persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment details and obtain credit reports to determine creditworthiness from time to time.
d. The Service does not guarantee that the Advance sought by You will be disbursed to You by the Cashmall Partner. Cashmall will make a preliminary determination of Your creditworthiness in relation to every Advance sought by You and submits its determination in this regard to the Cashmall Partner. The final decision on whether or not to grant You the Advance will rest with Cashmall Partner and will be made using Cashmall Partner’s credit decisioning processes and methodologies. Cashmall Partner is free to reject any recommendation made by Cashmall to it about processing of a Credit Facility Application or grant of Advance to You.
e. Cashmall Partner will require You to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to You. When Cashmall Partner decides to grant an Advance to You, it shall require that You execute a loan/credit facility agreement (“Loan Documentation”) with it to record the terms of the arrangement.
f. Repayment: You must repay the Advance along with all interest, charges and fees payable to Cashmall Partner in such manner as prescribed by Cashmall Partner as and when it becomes due.
g. Separate Transactions: You acknowledge that an Advance disbursed under the Loan Documentation is a distinct transaction between You and Cashmall Partner, independent of Cashmall’s Service. Any dispute between Cashmall Partner and you with respect to any Advance disbursed to You, must be directly settled between Cashmall Partner and you and that you will not include or seek to include Cashmall in such dispute, failing which Cashmall shall be at liberty to take any and all actions that may be available to it to protect its interests.
h. Collection Authorization: You agree to allow Cashmall to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law. You further permit Cashmall to use (a) any User Generated Content; and/or (b) other information which you have granted Cashmall access to, for the purposes of enabling Cashmall to send payment reminders to yourself or to other persons whose can be contacted by Cashmall through you whether or not such other persons are users of the Cashmall System to the extent permitted under applicable law. You expressly permit Cashmall to use any or all of the information provided or generated by you for Cashmall’s collections agency services in respect of (a) any credit facility you may have availed from any credit issuing entity, irrespective of whether or not Cashmall facilitated the obtaining of such credit facility as provided for elsewhere in this Agreement; or (b) any credit facility availed of by a third party from any credit issuing agency where Cashmall’s analysis determines that the information you have provided Cashmall will enable it to contact such person by either (i) deriving contact information for such third party from the information provided by or generated by you and then contacting them directly; or (ii) by contacting you and requesting if you will be willing to share contact information for such third party or by requesting you to inform such third party that Cashmall is attempting to contact her/him.
i. Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data usage rates and fees will apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Cashmall Systems and any updates thereto. Cashmall does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
j. Subject to your compliance with these Terms, Cashmall grants You a limited, non-exclusive, revocable, non-transferrable license in India to: (i) access and use the Cashmall Systems through your personal computer system or other mobile communication device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Cashmall and Cashmall’ licensors.
j. You may not: (i) use the Services except as expressly provided in these Terms; (ii) provide any third parties with access to the Services; (iii) Use the Services to post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters; (iv) remove any copyright, trademark or other proprietary notices from any portion of the Services; (v) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cashmall; (vi) decompile, reverse engineer or disassemble the Services; (vii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Cashmall Systems or any other computer system including by introduction of any virus, Trojan horses, worms, time bombs or such material; (viii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or (ix) Re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services (x) use the Services to host, display, upload, modify, publish, transmit, update or share any information that (A) belongs to any other Person and to which you do not have any right to; (B) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (C) harms minors in any manner (D) infringes any patent, trademark, copyright or other proprietary rights; (E) violates any law which is in force (F) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature (G) impersonates another person (H) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
k. Cashmall shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with the terms of these Terms.
User Generated Content
l. You understand that all User Generated Content, to the extent permitted by the Cashmall System, is the sole responsibility of the person from whom such User Generated Content originated. This means that you, and not Cashmall, are solely responsible for any User Generated Content you upload, download, post, email, transmit, store or otherwise make available through your Use of the Service. Cashmall does not control the User Generated Content used in the Service, nor does it guarantee the accuracy, integrity or quality of such User Generated Content. You understand and agree that your Use of the Service and any User Generated Content is solely at your own risk.
* User Generated Content means any information that may be generated or encountered through your Use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.
m. You shall not use the Services to upload, download, post, email, transmit, store or otherwise make available any User Generated Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, pornographic, explicit, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
n. You are responsible for backing up, to your own computer or other device, any important documents, images or other User Generated Content that you store or access via the Service. Cashmall shall use reasonable skill and due care in providing the Service, but Cashmall does not guarantee or warrant that any User Generated Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
4. Limited Warranty
(a) You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering in to this agreement, You have chosen to use the security measures provided by Cashmall even though other security measures are available. While Cashmall uses industry standard information security measures to protect the Service from viruses and malicious attacks, Cashmall does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Cashmall disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite Cashmall using the information security measures. Cashmall warrants that, during the term of this agreement, Cashmall will employ commercially reasonable system security measures. Except as expressly set forth in this section, Cashmall makes no representation, warranty, covenant or agreement that its security measures will be effective and neither Cashmall nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or Cashmall’s computer servers, unless caused by the wilful misconduct or gross negligence of its employees.
(b) The Services are provided to you on an “as-is” and “as available basis”. Cashmall is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services. Cashmall does not represent that the Services will meet your requirements or that operation of the Services will be uninterrupted or error free.
(c) You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage.
(d) Cashmall AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF CASHMALL OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE (LIMITED WARRANTY). IN PARTICULAR, Cashmall AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE.
5. Term and Termination
(a) These Terms and the right to use granted hereunder shall take effect on the date you create an Account with Cashmall, and shall continue in effect until either you or Cashmall terminates this Agreement in accordance with this section. Either party may terminate this Agreement by providing thirty (30) days’ notice of the same.
(b) Cashmall may terminate the Agreement:
thirty (30) days after Cashmall gives you notice of your breach of any provision of the Agreement (other than your breach of its obligations under Section 3(i) (Restrictions) or Section 6 (Confidential Information) which breach shall result in immediate termination) and which you do not cure within the thirty (30) day notice period; or
immediately for not repaying the Advance or any other charges payable by You pursuant to these Terms;
if you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.
(c) All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.
6. Confidential Information
In course of your dealings with Cashmall, either party may share and provide the other with access to its confidential and Proprietary Information (“Confidential Information”). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The receiving party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agrees to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the disclosing party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.
You shall defend, indemnify and hold harmless Cashmall, it’s officers, directors, employees and agents, from and against against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against Cashmall by third parties alleging that (i) your use of and access of the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Generated Content you submitted caused damage. Your indemnification obligation under this Section 10 will survive termination of this Agreement and your use of the Services.
9. Limitation of Liability
(a) You shall defend, indemnify and hold harmless Cashmall, it’s officers, directors, employees and agents, from and against against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against Cashmall by third parties alleging that (i) your use of and access of the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Generated Content you submitted caused damage. Your indemnification obligation under this Section 10 will survive termination of this Agreement and your use of the Services.
(b) IN NO EVENT SHALL CASHMALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, OR REVENUES, LOSS OF OPERATION TIME, INCREASED COSTS OR WASTED EXPENDITURE, LOSS OF GOODWILL OR REPUTATION, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS AGREEMENT
(c) THE MAXIMUM AGGREGATE AMOUNT THAT YOU OR ANY PARTY CLAIMING THROUGH YOU CAN RECOVER FROM CASHMALL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PROFESSIONAL ADVISORS FOR ALL CLAIMS ARISING FROM, UNDER OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) WILL IN NO EVENT EXCEED INR 2,500 (RUPEES TWO THOUSAND FIVE HUNDRED ONLY).
You may not assign this Agreement without the prior written consent of Cashmall.
11. Arbitration and Governing Law
The Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Mumbai, India.
12. Force Majeure
Cashmall shall not be liable to the other for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving party.
If any of the terms, conditions or provisions contained in this Agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
All notices and other communications made or required to be given under this Agreement shall be in writing and shall be deemed given upon receipt when sent through (1) email (2) registered post acknowledgement due, or (3) personal service, to the address specified below:
If to You:
To the email id and address provided at the time of registration and set-up of Account
16. Entire Agreement
These Terms along with any supplementary terms or addendum as may be prescribed by Cashmall/Cashmall Partner constitute the entire agreement between the parties pertaining to the subject matter contained herein and any written or oral agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by Cashmall.