TERMS AND CONDITIONS

[climefinance.com] (“we” or “our”) is a website (“Platform”) owned and managed by Clime Finance Private Limited (“Company”) which is a registered NBFC.

These Terms and Conditions (defined hereinafter) have been prepared in compliance with applicable laws including the requirements set out under the Information Technology Act, 2000 and the rules and regulations made thereunder.

We reserve the right to make any changes to our Terms and Conditions  and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary (including to comply with applicable laws) or desirable without prior notification to you (“you” or the “End User”). It shall be your duty to read our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use our Platform, you are implicitly agreeing to the revised Terms and Conditions and Privacy Policy expressed linked from http://climefinance.com.

  1. ACCEPTANCE OF TERMS AND CONDITIONS

  1. Every effort has been made to ensure, that the information contained on the Platform is correct, however we make no warranty as the accuracy, comprehensiveness, or correctness of any service(s) or product(s) on the Platform. By using this Platform, you agree to these terms and conditions (“Terms and Conditions”) that we have provided. If you do not wish to agree to these Terms and Conditions, please refrain from using this Platform.

  1. The service(s) or the product(s) and information displayed on the Platform is merely an “invitation to offer” to the End User. Nothing displayed on our Platform shall be deemed to be an offer or entitle you to avail any loan products from the Company. Each loan offered by the company is subject to due process of the Company and is subject to the Company’s discretion.  

  1. If you do not agree to be bound by this Terms and Conditions and the Privacy Policy, you may not use the Platform in any way.

  1. GENERAL

These Terms and Conditions that apply to the End User of this Platform. By using this Platform, the End User agrees to comply with all of the Terms and Conditions hereof. The right to use this Platform is personal to the End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of their password(s), if any. It is hereby acknowledged by the End User that, although the internet is often a secure environment, it is not foolproof and there are interruptions in service or events that are beyond our control, and therefore, we  shall not be responsible for any data lost while transmitting information on the internet. While it is our objective is to make the Platform accessible 24 hours per day, 7 days per week, the Platform may be unavailable from time to time for any reason such as including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Platform may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content and equipment needed for its access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

  1. MODIFIED TERMS

We reserve the right at all times to discontinue or modify any of the Terms and Conditions as may be deemed necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and you continue to use our Platform, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon our posting thereof. Any use of the Platform by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

  1. LICENSE AND SITE ACCESS

  1. We grant you a limited license to access and make personal use of the Platform. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party, caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party), uploading, posting, or transmitting any material that contains software viruses 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, any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on Platform’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Platform to prevent or restrict access to this Platform. Any unauthorized use by you shall terminate the permission or license granted to you by us. By using this Platform and by accepting to agree to these Terms and Conditions you also agree that you shall not hack or otherwise hire some third party to hack the Platform or use any other unauthorized means without our written consent and access any third party information. We also reserve rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it in case the misuse of this Platform is a person or an entity that belongs to out of India. In any event, the jurisdiction to institute any protective proceedings shall vest with the Platform within the jurisdiction of New Delhi.

  1. ELIGIBILITY

The Platform is not advertising or inviting offers from persons under the age of 18 or of unsound mind or who are declared insolvent or to any End Users suspended or removed from the system by us for any reason. The End User is prohibited from selling, trading, or otherwise transferring your Platform account to another party. If you do not qualify, you may not use the Platform. It is hereby clarified that the End User shall mean a legal or a natural person having a minimum age of at least 18 years and eligible to legally enter into a contract in India as per the Indian Contract Act 1872.

  1. YOUR INFORMATION

  1. In consideration of your use of the Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or goods under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration/ enquiry form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate and refuse any and all current or future use of the Platform (or any portion thereof). Any wrong information on this web portal willingly would be considered an act that would constitute misrepresentation, fraud and cheating.

  1. END USER CONDUCT

  1. This Platform and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks on our Platform (the “Sites”) are private property. All interactions on this Platform and/or the Sites must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Platform, we do insist and require that all End Users restrict any and all activity in connection with the use of this Platform and the Sites to that which involves lawful purposes only.

  1. End User shall not to host, display, upload, modify, publish, transmit, store, update or share any information that –

  1. belongs to another person and to which the End User does not have any right;

  1. is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

  1. is harmful to a child;

  1. infringes any patent, trademark, copyright or other proprietary rights;

  1. violates any law for the time being in force;

  1. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

  1. impersonates another person;

  1. 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 other nation;

  1. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

  1. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or

  1. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior, written approval, contains advertising or any solicitation with respect to products or services.

  1. Any conduct by an End User that in our exclusive discretion restricts or inhibits any other End User from using or enjoying this Platform and/or any of the Sites is strictly prohibited. End User shall not use this Platform or any of the Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of End Users of this Platform and/or the Sites to become users of other on or offline services directly or indirectly competitive or potentially competitive with the Platform.

  1. The foregoing provisions of this section apply equally to and are for the benefit of the Platform, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  1. Any and all information howsoever exchanged (including but not limited to, publication over dashboard, or personal email communication) between the Platform (through its employees, representatives etc.,) and you as an End User, is personal and confidential to each End User. Any unauthorized disclosure, or any disclosure (including but not limited to posting such information on any social media platforms, otherwise) without the express written consent of the Platform shall be considered a serious breach of your obligations under these Terms and Conditions as well as the agreement executed pursuant to a successful loan transaction. Such breach by you shall entitle us to seek damages from you under applicable law.

  1. MONITORING

We shall have the right, but not the obligation, to monitor the content of the Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with these Terms and Conditions and any operating rules established by the Platform, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that the Platform, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

  1. LICENSE GRANT

By posting communications on or through this Platform, End User shall be deemed to have granted to the Platform its consent to verify details of the End User including all information and date uploaded by the End Use on the Platform while registering/ raising an enquiry on the Platform. The End User shall be deemed to have granted to the Platform a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

  1. PERSONAL INFORMATION

  1. The information provided by you on the Platform is required to be accurate. Provision of another person’s details as your own will not be deemed acceptable.

  1. Any personal information collected by the Platform shall not be disclosed to any third party unrelated to the Platform’s business unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the Terms and Conditions you grant the Platform an unconditional right to share your personal information with Platform’s partners, affiliates, employees and agents for administrative and verification purposes. Please also see the Privacy Policy in this regard.

  1. LIMITATION OF LIABILITY

  1. The Platform, its associates, its affiliates and technology partners make 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 Platform or that the operation of the Platform will be error free and/or uninterrupted. Additionally, the End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Platform and all charges related thereto. We shall not be liable for any damages to the End User’s equipment resulting from the use of this Platform. Consequently, we also do not assume any 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 Platform; and/or any interruption or errors in the operation of the Platform. You expressly understand and agree that the Platform and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any 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 the possibility of such damages is present), resulting from use of the Platform, sale and supply of products content or any related goods and services.

  1. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents 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, trojan horses and other items of a destructive nature.

  1. The End User further with immediate effect waives any right which had accrued to them from using the Platform to initiate any legal action against the Platform. In case there is a non-disclosure of information to the Platform of the information, and our judgment is impaired and the ratings or credibility of a borrower/ End User is not found to be correct, we shall not be responsible for any claims or liabilities.

  1. For avoidance of doubt, it is clarified that under no circumstances shall the Company, its subsidiaries, employees, officers, affiliates, directors, agents, suppliers, shareholders, non-executive directors or its licensors involved in creating, producing, transmitting or distributing information of the products or services of the Company,  be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from either misrepresentation, fraud, coercion, breach of trust, misappropriation, cheating or for any other such reason of its end users or of third parties including but not limited to loss of profits and loss of goodwill or loss of interest.

  1. INDEMNITY

You agree to indemnify and hold the Platform (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms and Conditions, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms and Conditions or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, claim of libel, defamation, violation of rights of privacy or publicity.

  1. SEVERABILITY

If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.

  1. CUSTOMER COMMUNICATION

We will communicate with you through any of the mode using email, SMS and telephone or all of them or any other mode. End Users must provide a valid email address and contact telephone and/ or mobile number to the Platform for this purpose. Please note we will not be able to contact the customer in case customer’s number is part of DNC (Do Not Call) list as generated by the Telecom Regulatory Authority of India (TRAI). In this case we request customers to call us on our numbers. When you use the Platform or send emails to info@climefinance.com or grievanceofficer@climefinance.com, you are communicating with us electronically. You consent to receive communications from the Platform electronically. From time to time, we will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting at info@climefinance.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. LINKS

We use third-party service providers to serve ads on our behalf across the internet and sometimes on this Platform. They may collect anonymous information about your visits to our Platform, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites.

The Platform or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that the Platform is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Platform 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 site or resource

  1. DISCLAIMER OF WARRANTIES

All information displayed on this Platform is without any warranties of any kind, either express or implied, by the Company, its shareholders, its holding company, its subsidiaries, its licensors or any representative.

  1. APPLICABLE LAWS

Your use of this Platform and any Term and Conditions stated in this policy is subject to applicable laws of India.

  1. JURISDICTION

Courts of New Delhi will have exclusive jurisdiction of dealing with all disputes arising from use of this Platform.

  1. TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Platform are the property of the Company. End Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or Platform on the World Wide Web without our written permission. All information and content including any software programs available on or through the Platform (“Content”) is protected by copyright. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Platform for commercial or public purposes.

  1. GRIEVANCE REDRESSAL MECHANISM

Please refer to our grievance redressal policy for more details.

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