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METAFIN CLEANTECH FINANCE PRIVATE LIMITED

Terms and Conditions

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Metafin Cleantech Finance Private Limited (“Metafin” / “Us” / “We” / “Our”) provides the Content and services available on the Website (as defined below) to you subject to the following terms and conditions, Our Privacy Policy [Insert link to Privacy Policy] and other terms and conditions and policies which you may find throughout Our Website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

 

For the purposes of these Terms and Conditions “Website” shall mean and include www.metafin.in, mobile application of Metafin, any successor website/ applications, any website of related entity or any other channel facilitated and permitted by Metafin including but not limited to any digital medium including phone, displays, emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using Metafin’s interface.

In terms of the Information Technology Act, 2000 (as amended from time to time), this Website is document of electronic record. By accessing or using Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. This is a legally binding agreement between you, (the user) and Metafin and all its related entities, establishing the terms and conditions under which this Website may be used/accessed.

 

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.

 

1. Declaration

 

  1. You hereby declare that you are an Indian resident and legally capable to enter into an agreement and that all the particulars and information provided by you through this Website are true, accurate and complete and that they shall form the basis of any loan that Metafin or any of its related entities may decide to grant you. Further, information provided by you through this Website may also be relied by Metafin for the purpose of Metafin’s KYC processes and/or for evaluation of your loan application.

  2. You expressly authorise Metafin and/or any of its related entities  to carry out the Know Your Customer (“KYC”) and other requisite checks by such processes as may be permissible under law including authentication/verification of documents or details submitted for KYC purpose, accessing and procuring data from databases maintained by statutory or other authorities constituted by law.

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2. Use of Information and Materials

 

  1. All information and content available on the Website and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, material, information, data, money market movements, news items, links etc. data compilations and software, and the compilation and organization thereof contained on this Website (“Content”) is provided for general information only and should not be used as a basis for making business/commercial decisions. You are advised to exercise due caution and/or seek independent advice before availing any facility or financial obligation based on Content contained on this Website.

  2. Content contained on this Website or other terms are provided on an “as is”, “as available” basis and is the sole property of Metafin, Our affiliates, partners or licensors, and is protected by applicable laws, including but not limited to laws governing copyrights and trademarks. Metafin expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including, but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement. You may not distribute Content to others without the express written consent of Metafin. You may not copy, download, publish, distribute or reproduce any of Content contained on this Website in any form without prior permission of Metafin.

  3. Content on this Website should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products / schemes of Metafin, or any of its related entities/affiliates. Use of the products or services described on this Website is only limited to territory of India.

  4. Products and services are available only at the discretion of Metafin and its related entities, subject to the individual contractual terms and conditions of products and services on which they are offered and such products and services may be withdrawn or amended at any time without notice.

  5. You acknowledge that certain functions of this Website would require an active internet connection which can be Wi-Fi or the Local Area Network (LAN) connection. Metafin and its related entities do not assume any responsibility/liability if this Website is not fully functional due to absence / insufficiency of the required internet connection. Metafin and/or its related entities will not be concerned with any dispute between the user and the Internet Service Provider and/or any third party providing the internet connection or any other services responsible to run this Website.

  6. All rates, charges and fees quoted / stated for various financial products and schemes and interest rates cited as examples of rates which may be in effect from time to time are indicative rates only and are subject to change at any time at the sole discretion of Metafin and its related entities as the case may be, and applicable Indian laws. These charges, fees and rates may change depending upon the assessment made by Metafin in individual cases upon receiving necessary information and documents.

  7. You hereby understand that your agreement to these Terms and Conditions will in no way confirm the grant of credit facility or any other specific products and services or by Metafin to you. In the event of any conflict between the terms and conditions of specific products and services and these Terms and Conditions, the conditions specific to such products and services shall prevail.

 

3. No Representation or Warranty

 

  1. No information sent to any Person through this Website or available on this Website shall constitute any representation or warranty by Metafin or its related entities/affiliates regarding the credit-worthiness, financial performance or prospects, solvency, or viability of any company or other legal entity or the business carried on by such entity.

  2. This Website may contain advice/ opinions and statements of various professionals/ experts/ analysts, etc. Reliance on these statements shall be at your own risk. It is the responsibility of the user of this Website to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided on this Website.

  3. All information in this Website is being provided under the condition and understanding that the same is not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters.

  4. Metafin may at any time (without being obliged to do so) update, edit, alter and/or remove any Content in whole or in part that may be available on this Website and shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability.

  5. Nothing contained herein is to be construed as a recommendation to use any product or process, and Metafin and its related entities makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. The user is expected to keep abreast of any changes made in this Website and the information available on it on a regular basis and Metafin and its related entities undertake no responsibility about advising the user/clients about any such changes.

  6. Though Metafin and its related entities will endeavour to ensure that information contained on this Website is obtained from sources which, it feels, are reliable, Metafin and its related entities do not warrant such information's completeness or accuracy.

 

4. Disclaimers in Relation to Third Party Services

 

  1. Metafin does not guarantee, warrant or endorse any product or service sold by any third party, nor shall have any liability or responsibility for the quality or performance of any product or service sold to you by third party using our Website since Metafin is only acting as a financier and any question or dispute you may have regarding any such product or service should be addressed directly to the concerned third party from which product or service availed.

  2. Metafin cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, Metafin cannot control or warrant the behaviour of its users. Metafin accordingly disclaims any liability with regard to any actions resulting from your or any other party's participation in Metafin’s products and/or services.

  3. You hereby agree to release Metafin and its related entities from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of Website.

 

5. Intellectual Property Rights

 

  1. As long as you respect these Terms and Conditions for browsing/ using this Website, Metafin and/or its related entities grant you a non-exclusive, non-transferable and revocable license to use this Website. All rights relating to this Website as well as its functionalities are the exclusive property of Metafin and/or its related entities (particularly including but not limited to copyrights, trademarks, source code, patents as well as any other intellectual property right). All the information provided on or via this Website (including all texts, graphics, design or logos) shall be the intellectual property of Metafin and or its related entities.

  2. You agree not to copy, forward, download or share content without obtaining the necessary rights or permissions to do so. You also agree not to abuse the use of this Website.

 

6. Usage

 

  1. In addition to other prohibitions as set forth in these Terms and Conditions, you understand and agree that you are prohibited from using Website or its Content:

    1. for any unlawful purpose;

    2. to solicit others to perform or participate in any unlawful acts;

    3. to violate any international, federal, provincial or state regulations, rules, laws, or applicable ordinances;

    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

    6. to submit false or misleading information;

    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Website;

    8. to collect or track the personal information of others;

    9. to spam, phish, pharm, pretext, spider, crawl, or scrape;

    10. for any obscene or immoral purpose; or

    11. to interfere with or circumvent the security features of Website. We reserve the right to terminate Your access to Website for violating any of the prohibited uses.

 

7. Indemnification

 

You agree to protect and fully compensate Metafin, related entities, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the facilities, your violation of these Terms and Conditions and/or Privacy Policy or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

 

8. Limitation of Liability

 

METAFIN AND ITS RELATED ENTITIES, THEIR DIRECTORS AND EMPLOYEES ACCEPT NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSS, DAMAGE OR EXPENSES) FROM YOUR USE OF THIS WEBSITE OR ANY LINKED SITE OR INABILITY TO USE BY ANY PARTY, HOWSOEVER ARISING, AND INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, OMISSION, INTERRUPTION, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY INACCESSIBILITY OF THIS WEBSITE OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED SERVICES EVEN IF THE ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 

9. Linked Websites

 

This Website may contain links to other websites of affiliate companies or related entities of Metafin. This Website also contains links to external websites, having further linked websites, controlled or offered by third parties (non-affiliates of Metafin), in order to help you find relevant websites, services and/or products which may be of interest to you, quickly and easily. The contents displayed or products / services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by Metafin or its related entities. Metafin and its related entities are also not responsible for the owners or operators of such external links or websites or for any products or services they supply or for the contents of their websites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external websites to which this website includes a link infringes the intellectual property rights of any third party).

 

10. Governing Law

 

This website and the terms and conditions shall be governed by and construed in accordance with all applicable laws of India, unless stated otherwise. All disputes arising out of or in connection with these terms and conditions or use of this website shall be submitted to the exclusive jurisdiction of the courts of Mumbai.

 

11. Legal Proceedings

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You confirm that you have/had no insolvency proceedings against you, nor have you ever been adjudicated insolvent by any court or other authority.

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12. Amendments

 

Metafin reserves the right to change the information provided on or via this Website, including these Terms and Conditions or to charge for its services, at any time and without notice. It is recommended that you review the information provided on or via this Website, including these Terms and Conditions, periodically for changes. Metafin or any of its related entities/ affiliates shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this website.

 

13. Suspension and Cancellation

 

Metafin or its related entities can at any time, without the need to give a reason, notice or compensation, suspend your ability to use this Website. The suspension or cancellation of the licence to use this Website will mean that you will no longer have any access to your data, without you having any recourse against Metafin or any of its related entities or its affiliates. Further, Metafin also reserves the right to suspend the user’s access to any user account and/or this Website, in case Metafin in its sole discretion is of the view that user is in breach of these Terms and Conditions and any applicable law or may foresee any breach by user of these Terms and Conditions and any applicable law.

 

14. Accuracy and Correctness of Information

 

You confirm that any information provided by you or any details entered into the Website are correct and you undertake to pass on any modifications to Metafin or its related entities. You shall indemnify and hold Metafin and or its related entities/affiliates harmless against any loss, damage or costs suffered / incurred by and or its related entities/ affiliates as a result erroneous information supplied by you or your authorized users.

Specifically, you are responsible for the confidentiality of any codes and passwords allowing you to use this Website, and access to your information as well as this use and this access by any third party, whether or not they are authorised by you.

 

15. Entire Agreement

 

Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the user and Metafin with respect to Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Metafin. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

16. Communication

 

You agree that Metafin or its related entities/ affiliates or their employees or agents may share all information and details as provided by you in your application in relation to your existing loans and/ or repayment history to any third party including but not limited to its group companies, service providers, banks, financial institutions, credit bureaus, telecommunication companies, statutory bodies etc. for customer verification, personalisation of products and services, credit rating, data enrichment, marketing or promotion of the products or services of Metafin or their related entities/ affiliates or of any other service provider.

You expressly and irrevocably consent that for any claim against the service providers, Metafin or its related entities shall not be liable and your claim on this account shall be against the service providers and/or tele-callers. You agree to the use of WhatsApp or other applications for communication or sharing of information or documents or for sending notices, agree to abide by these Terms and Conditions of such applications and agree to the risks associated with such applications or sharing of information or issuance of notices through them.

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17. No Waiver

 

Metafin or its related entities shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Metafin, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

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