General Terms and Conditions for the use of StashFin Platform

1. Introduction
1. This StashFin Platform www.stashfin.com its mobile phone and internet-based application(s) (“StashFin Platform”) owned and operated by EQX Analytics Private Limited, a company incorporated under the Laws of the Republic of India having its Corporate Office at 1st Floor, CRC2 Building, Khasra No. 337, Sultanpur, New Delhi, 110030, India (collectively referred to as “StashFin”, “we”, “us”, “our”, as the context may apply).
2. Each user of StashFin Platform (hereinafter referred to as “User”, “StashFin User”, “you”, “your”, as the context may apply) is requested to read these terms before them using StashFin Platform.
3. Each StashFin User is also requested to note and be updated about the services its terms, schedule of charges and the list of Lender(s) in StashFin Platform and the respective terms conditions applicable for the same.
4. Each StashFin User by using any of the StashFin Platform understands and confirms that they:
1. may need to recognize and comply with additional terms and conditions for availing services offered in StashFin Platform as may be applicable from time to time.
2. StashFin reserves the right to modify these terms and other policies applicable in general and/or to specific areas of services in StashFin Platform or to a particular service, which shall also be considered part of these terms, at any time without giving you any prior notice.
3. They shall be required to re-visit these terms from time to time to stay abreast of any changes that StashFin Platform may introduce to these terms.
4. Shall not accept these terms if you are a person who is either barred or otherwise legally prohibited or not authorized to use the same.
5. Are advised to obtain independent professional advice before purchasing or availing any product and/or service via StashFin Platform.
6. By using the StashFin Platform, you consent to the use of your information, as we outlined in our privacy policy. Our services use cookies; by using our services or confirming to these terms, you consent to our use of cookies in accordance with the terms of our privacy policy.
7. Not to use the StashFin Platform for any purpose that is unlawful, illegal or forbidden by these terms, or any local laws that might apply to you.
8. StashFin Platform may provide you access to its online platforms for bringing together consumers, financial institutions, data partners, utilities, market places and other partners. However, StashFin informs you that we are not a lender or a financial institution and hence, have no part in lending or credit decisions or provide any financial services. StashFin may act as a bridge that connects you to lenders who may consider granting you Credit facilities in India.
9. Notwithstanding anything to the contrary, StashFin does not undertake any product liability/obligation or services obligation or represents or warrants or guarantee on behalf of any third person/s.
10. The role of StashFin is strictly limited to intermediation.
11. StashFin disclaims any responsibility or liability for any services or offerings on StashFin Platform.
5. We may translate these terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
6. If you disagree with any part of these terms and conditions, please do not use StashFin Platform.


2. Using the StashFin Platform and Services
1. Acceptance: By using the StashFin Platform, you confirm to unconditionally accept and affirm to comply with and be bound by these terms. Subject to the aforesaid, we permit you to use the StashFin Platform subject to the restrictions in these terms. Your use of the StashFin Platform and services is at your own risk.
2. User Account: You may create an account and provide certain information about yourself to use some of the features offered through the StashFin Platform. You confirm that you are solely responsible for maintaining such User Accounts as respective end-user terms applicable to the same.
3. Submission of Information: While creating your account, you or while using the StashFin Platform you will be asked to provide certain information, which is mandatory, also there will be other details, which you can afford at your discretion. In both cases, we ask you to provide complete and accurate information about yourself to bolster your credibility. You confirm and warrant that the details submitted by you are true and correct, and StashFin can rely on it to provide the Services sought by you through the StashFin Platform.
4. Communications: By creating an account or by using StashFin Platform, you confirm to receive certain notifications in connection with the StashFin Platform and its Services. By using the StashFin Platform and/or registering yourself our StashFin Platform you authorize us, our affiliates, our associates, partners to contact you via e-mail or phone call or SMS and offer you their services for the product you have opted for, imparting product knowledge, offer promotional offers running on StashFin Platform & offers provided by the associated third parties, for which reasons, as well as web aggregation, personally identifiable information, may be collected as detailed below. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us, our affiliates, our associates, partners for the above-mentioned purposes. We may also pass your information to third party financial services companies for the use of them, telling you about their services or products.
5. Service Fee: You confirm that you shall pay the fee for the services as per terms of the specific services provided in this StashFin Platform. The fee once paid shall be non-refundable, unless confirmed by us in writing. The payment of fee or application made in our StashFin Platform does not assure you that a grant of loan or credit line or other services mentioned in our StashFin Platform will be subject to the satisfaction of other formalities required for the specific services.
6. Availability of StashFin Platform or any Services: Our StashFin Platform or Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
7. By using the StashFin Platform or any its services, you confirm and declare that (a) you have no objections in StashFin acting as an agent of the Lenders (s)Lender’s Agents or on behalf of the Lender or in such manner as may be decided by StashFin from time to time (b) you will be bound by any contractual provisions undertaken to the Lender(s) StashFin Platform.


3. Proprietary rights
1. You do not have the right to use StashFin's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to copy and use the software, text, images, graphics, video and audio used on this StashFin Platform ("Content"). You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Content.
2. StashFin neither represents nor warrants that your use of materials displayed at the StashFin Platform will infringe third parties' rights.


4. Prohibited Conduct
1. By using our StashFin Platform, you confirm that you shall not:
1. use our Services and StashFin Platform for spamming or any other illegal purposes;
2. infringe StashFin’s or any third party's intellectual property rights, rights of publicity or privacy;
3. post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
4. post or transmit any message, data, image or program which violates any law;
5. refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to StashFin;
6. remove, circumvent, disable, damage or otherwise interfere with security-related features of our StashFin Platform or features that enforce limitations on the use of our Services and StashFin Platform;
7. upload any content that constitutes negligent advice or contains any negligent statement, an incitement to commit a crime or contains instructions for the commission of a crime or the promotion of criminal activity; or any content which is in contempt of any court, or in breach of any court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of another's privacy, blasphemous; in breach of any contractual obligations or depicts violence or is pornographic, pedophilic, obscene, suggestive or sexually explicit; or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever;
8. upload any content that threatens the unity, integrity, defense, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any nation;
9. upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
10. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our Services and StashFin Platform or any part thereof or infringe any patent, trademark, copyright or other proprietary rights;
11. use our Services and StashFin Platform in any manner that could damage, disable, overburden, or impair, including, without limitation, using our Services and StashFin Platform in an automated manner;
12. modify, adapt, translate or create derivative works based upon our Services and StashFin Platform or any part thereof;
13. intentionally interfere with or damage operation of our Services and StashFin Platform or any other User’s use of our Services and StashFin Platform, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
14. use any robot, spider, other automatic devices, or manual process to monitor or copy our Services and StashFin Platform without prior written permission of StashFin;
15. interfere or disrupt our Services and StashFin Platform or networks connected therewith;
16. take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
17. use any device, software or routine to bypass our Services and StashFin Platform robot exclusion headers, or interfere or attempt to interfere, with our Services and StashFin Platform;
18. forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through our Services and StashFin Platform or to manipulate your presence on our Services and StashFin Platform;
19. use the facilities and capabilities of our Services and StashFin Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
20. breach these Terms or any other policies of StashFin;
21. provide false, inaccurate or misleading information to our Services and StashFin Platform; and
22. use our Services and StashFin Platform to collect or obtain personal information, including without limitation, personal information about other Users of our Services and StashFin Platform.
2. Although StashFin may from time to time monitor or review postings, transmissions, and the like on the StashFin Platform, StashFin is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the StashFin Platform.
3. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
4. StashFin retains the right to remove any such posting and fully cooperate with any law enforcement authorities or court order to request or direct StashFin to disclose the identity of anyone posting any such information or materials.


5. Display/ Advertisements/ Web Links
1. StashFin has not reviewed any sites that may be linked to the StashFin Platform and is not responsible for the content of any off-site pages or any other sites linked to the StashFin Platform. Your linking to any other off-site pages or other websites is at your own risk.
2. StashFin's display on or through the StashFin Platform of various services or product options offered by third parties does not imply, suggest, or constitute any sponsorship, recommendation or approval or advice of StashFin of any such third parties or their products.
3. You confirm that StashFin is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. Your interaction with any third party accessed through the StashFin Platform is at your own risk, and StashFin will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
4. You confirm that you may need to confirm with the terms and conditions of such third parties by accessing their StashFin Platform, and the same will be at your sole risk and responsibility. Further, the obligations that may arise.


6. Inaccuracies at the StashFin Platform
1. While StashFin uses reasonable efforts to include accurate and up to date information at the StashFin Platform, StashFin makes no warranties or representations as to the StashFin Platform's accuracy. StashFin disclaims any and all liability for the accuracy, completeness, or correctness of such information.


7. Security at the StashFin Platform
1. While StashFin uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. StashFin assumes no liability or responsibility for any unauthorized changes in the content or functionality of the Site.


8. Use information on this StashFin Platform
1. Except as expressly permitted by these Terms, no portion of the information on StashFin Platform may be reproduced in any form, or by any means, without our prior written permission.


9. Governing Law, Jurisdiction and dispute resolution
1. The laws of India, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them.
2. If you take any legal action relating to your use of the StashFin Platform or these Terms, the same shall be subject to the exclusive jurisdiction of courts located in Delhi, India.
3. In case you have any disputes with StashFin, you may raise your issues to StashFin and request for mediation.
4. If the matter is not resolved through such mediation, the same may then be settled by arbitration by a single Arbitrator appointed by StashFin. The arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be in English, and the place of Arbitration shall be Delhi India.


10. Contact us/Grievance Redressal/ Feedback
1. In case you need any details or clarifications or redressal of grievances or have any feedback, you can contact us on www.stashfin.com/contact-us
2. Also, we believe that your feedback makes use of StashFin Platform and services better; please feel free to share it with us on www.stashfin.com/contact-us Unless admitted explicitly by us or as required by law, all feedback shall be non-confidential.
3. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability due to any similarities between those ideas and materials that may appear in future programs of StashFin.
4. Please do not reveal trade secrets or other confidential information in your messages to StashFin. Any and all rights to materials submitted to us become the exclusive property of StashFin.
5. You understand and confirm that StashFin may record any calls or communication made to it by you or vice versa.


11. Services, Use of Information and Consent
1. StashFin will hereinafter be engaged in the provision of the following services:
1. Provision of credit score, report and analysis: Your credit score, along with the report and analysis, will be available on StashFin Platform. Further, we will monitor and update these credit scores, reports and analyses periodically.
2. Social Scoring: Provision of a social score based on User’s Facebook, Twitter, LinkedIn or any other social media accounts linked with the user's account on StashFin Platform.
3. The StashFin provides a Platform through StashFin Platform wherein the buyers can choose various Products of the sellers and purchase the same. The StashFin also offers other services as may be required from time to time, including the data analytics services.
4. StashFin Platform displays a catalog of financial products belonging to different Users, which are being facilitated through StashFin Platform. You may browse through the products and provide us with your details. The representatives of the StashFin will contact You through phone on the phone number provided by You at the time as a request by StashFin Platform. Further, the StashFin reserves the right to provide you with further information about the products at such time as You may be willing to be contacted.
5. By registering with StashFin or beginning an application on the StashFin Platform for any product or service, you are consenting to be contacted by us through written notices, e-mail messages, text messages, WhatsApp, Telegram or telephone, and, in connection with any such telephone calls, you consent to the use of prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your StashFin account, including mobile telephone numbers we have for you in our records or from other public and non-public databases we may lawfully access. You hereby allow StashFin to contact other individuals via your phone contact list and/or phone address book to provide updated employment, location, and contact information for you if StashFin is unable to reach you on your registered mobile number. You understand that anyone with access to your telephone or e-mail account may listen to or read the messages StashFin leaves or sends you, and you confirm that StashFin will have no liability for anyone accessing such messages. You expressly authorize StashFin to monitor and record your calls with StashFin. You confirm that StashFin may contact you using the information you provided with information and offers of services available through StashFin Platform and mobile application.
6. The StashFin Platform may contain services such as e-mail, chat, text messages, automated IVR calls, calendars, and/or other messages. The user confirms and undertakes to use these communication services to post, send and receive messages and material that are proper and related to the particular communication.
7. The user declares and confirms that any benefits based on the StashFin referral program(s) will be available only if the user or the individual(s) who have been referred by the user to StashFin have paid their outstanding dues on or before the due date / EMI date and there are no defaults of any nature by the user or such a person who is referred. The user declares and confirms that this clause shall prevail and override over other provisions of these terms or any other terms and conditions.


12. Disclaimer of Warranties
1. You expressly understand and confirm that: Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an "as is" and "as available" basis. StashFin and service provider expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) contained in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. StashFin and service provider make no warranty that:
1. The service will meet your requirements.
2. The service will be uninterrupted, timely, secure, or error-free.
3. The results that may be obtained from the use of the service will be accurate or reliable.
4. The quality of any products, services, information, or other material purchased or obtained by you will meet your expectations through the service.
5. Any errors in the technology will be corrected.
6. And you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Whether oral or written, no advice or information obtained by you from StashFin or service provider through or from the service will create any warranty not expressly stated in these terms.


13. Limitation of Liability
1. You confirm that neither StashFin nor service provider nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call 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 StashFin or service provider has been advised of the possibility of such damages, resulting from:
1. The use or the inability to use the service.
2. The cost of getting substitute goods and services.
3. Any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service.
4. Unauthorized access to or alteration of your transmissions or data.
5. Statements or conduct of anyone on the service.
6. The use, inability to use, unauthorized use, performance or non-performance of any third-party account provider site, even if the provider has been advised previously of the possibility of such damages.
7. Any other matter relating to the service.


14. Indemnification
1. You confirm to protect and fully compensate StashFin and its service providers and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of anyone.
2. You confirm that Service Provider is a third-party beneficiary of the above provisions, with all rights to enforce such rules as if Service Provider were a party to these terms.


15. Documents policy
1. StashFin does not return any customer documents including but not limited to IDs, Address proofs, bank statements and photographs. StashFin may disclose the customer information/documents to credit agencies/bureaus, RBI or any other financial institution / third party that may need the information deemed necessary by StashFin / RBI or any other regulatory/legal authority. In this regard, the customer waives the privilege of privacy.