Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of this website.

The domain name sicrevacapital.com (the “Website”) operated by ‘Si Creva Capital Services Pvt Ltd’, a RBI registered Non-Banking Financial Company and is a private limited company incorporated under the provisions of the Companies Act, 2013 having Corporate Identification Number (CIN) U65923MH2015PTC266425 (hereinafter referred to as “SiCreva”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, partners and permitted assigns).

Si Creva, inter alia, engaged in the business of providing unsecured personal loans, business loan and secured loan i.e Loan Against Property. Company is also one of the financing partners and provides loans under the ‘Kissht/ PaywithRing’ technology platform maintained by OnEMI Technology Solutions Private Limited which is the holding company of Company. in accordance with the terms of the loan agreement to be executed between you and SiCreva..

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:

“Borrower” shall mean an individual, proprietorship concern, partnership firm, limited liability partnership and an incorporated company carrying on business in India, which is willing to borrow, using the Website and is registered as a ‘borrower’ on the Website.

“SiCreva Lending Partner” shall mean one or more financial institutions with whom SiCreva may propose to jointly extend credit facilities to the Borrower.

“Force Majeure Event” shall mean if performance of Services/Website by SiCreva is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, epidemic, pandemic, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government, regulatory or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of SiCreva, then SiCreva shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by SiCreva of its obligations herein or incur any legal liability on SiCreva.

Si Creva Capital Services Private Limited provides its services to you subject to the following conditions. Before you may use the Website, you must read and accept all of the terms and conditions in and linked to, the Terms of Use (ToU) and the linked Privacy Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify the ToU without prior notice. The headings contained in this agreement are for reference purposes only.

MEMBERSHIP ELIGIBILITY:

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website.

Any person under the age of 18 shall not register as a Borrower on the Website/Applications and shall not transact on or use the Website/Applications. Si Creva reserves the right to terminate any user’s membership and/or refuse to provide such person with access to the Website if it is brought to SiCreva’ notice or if it is discovered that such person is not eligible to use the Website. In case you are using the Website and opening an account on the Website/Applications on behalf of an incorporated entity, it is presumed that you have been authorised by the entity and your use of the Website shall bind the entity with respect to these Terms. If the user violates any of these Terms and Condition from time to time and such revision/modification shall be effective upon posting by us on the website. The User/borrower should agree to be bound to any changes to this Terms & Condition when they use such services after such modification is posted. It is therefore important that the users/borrowers review the Terms & Conditions regularly upon each use of the services to ensure any updates as to changes. The Website/Applications is intended for users within India only.

BORROWER ACCOUNT:

The Website allows very limited and restricted access to the Services for unregistered users.

In order for a Borrower to avail the Loan/ Services from SiCreva through the Website/Applications, the Borrower is required to create an account on the Website/Applications (“Account”) and provide SiCreva with certain user information/documentation for verification, which shall include your name, phone number, your address, your date of birth, your e-mail address, your gender, your financial information such as bank account, or other payment details, your permanent account number, Aadhar number, etc. (hereinafter collectively referred to as “Customer Data”).

You hereby understand and provide an explicit consent to SiCreva to share the Customer Data with any co-lending partner of SiCreva for the following purposes:

Collection, storage, preservation, analysis, publishing and dissemination, at any time, of all the Customer Data, as the case may be;                     
Verification or authentication of Customer Data, making related enquiries on the basis of the Customer Data for the purpose of assessing eligibility for loan and/or value added services opted/ availed by me from/ through SiCreva and any co-lender; and                     
for complying with the laws applicable from time to time.                     
create any Account for anyone other than the Borrower, unless such person’s prior written permission has been obtained;                     
use an Account that is the name of another person with the intent to impersonate that person;                     
use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or                     
create more than one Account on the Website

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS:

As a user of this Website/Applications, You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Website and/ or Services by You and anyone using Your password and login information (with or without our permission). You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your account. Accordingly, You are responsible for all activities that occur under Your account/in using Your secure credentials and SiCreva shall not be liable for any such change or action performed by using Your secure credentials on the Website.                     
The User/ Borrower agrees to, (i) immediately notify SiCreva of any unauthorised use of the Account information or any other breach of security; and (ii) ensure that the Borrower exits from the Account at the end of each session. SiCreva cannot and will not be liable for any loss or damage arising from the Borrower’s failure to comply with this Clause. The Borrower may be held liable for losses incurred by SiCreva or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of the Borrower’s failure in keeping the Account information confidential.                     
You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Website. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or SiCreva has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, SiCreva shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.                     
The Borrower shall ensure that the Account information provided by the Borrower in the Website’s/Applications registration form is complete, accurate and up-to-date. Use of another Borrower’s account information for availing the Services of the Website is expressly prohibited.                     
By making use of this Website/Applications and furnishing your personal/contact details, you hereby agree that you are interested in knowing more or availing and/or purchasing various products/services that SiCreva or any third party may offer to/provide to/share with/send to you from time to time. You hereby agree that SiCreva/ SiCreva’s partner may contact you through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode to understand your interest in the selected products and services and to fulfill your demand.                     
You also agree and authorize that SiCreva reserves the right to make your details available to its partner banks/financial institutions/lending partners, its group companies, affiliates, vendors, service providers/Facility Providers and other third parties, in so far as required for providing various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise. You agree that to receive communications /may be contacted by them for information and for sales through email, telephone and/or text message. You agree to receive promotional materials and/or special offers from SiCreva/SiCreva’s Lending Partner through email or text message. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Website/Applications, we suggest that you seek independent professional advice before you obtain any product or service via this Website/Applications.                     
You also agree that Customers , would like to know through telephonic calls, or SMS on my mobile number mentioned in the Application Form as well as in this undertaking, or through any other communication mode, various loan offer schemes from SiCreva or loan promotional schemes or any other promotional schemes and hereby authorize SiCreva, it’s employees, agents, associates to do so. Customers confirm that laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by TELECOM REGULATORY AUTHORITY OF INDIA will not be applicable for such communication/calls/SMSs received from SiCreva, its employees or agents.                     
As a User of this Website/Applications you have agreed to the Terms & Conditions that SiCreva has provided hereunder or anywhere else in this Website/Applications, including but not limited to disclaimers on this Website/Applications. You are advised to read and understand the said Terms & Conditions and in case you do not wish to agree to these Terms & Conditions, please do not use the Website/Applications.                     
You agree and acknowledge that for undertaking any payment and/or financial transaction through the Website/Applications, SiCreva may undertake due diligence measures and seek information required for Know-Your- Customer (“KYC”) purpose which as a customer/merchant You are obliged to give in accordance with Applicable Laws. You agree and acknowledge that SiCreva can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to its due diligence requirements in line with the requirements and obligations under Applicable Laws. You are solely responsible for understanding and complying with all applicable laws of Your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI as may be amended from time to time (the “KYC GUIDELINES”) etc., that may be applicable to You in connection with Your business and use of Services.                     
You agree and covenant that before the commencement of any Service(s) under these Terms, You shall provide the necessary documents (as determined in SiCreva’s sole discretion or when required by Facility Providers or governmental authorities or law enforcement agencies) (“KYC Documents”) to enable SiCreva to conduct the due diligence in respect of inter alia You and Your business / activities. SiCreva shall have the right to share the KYC Documents (or the information therein) and other related documents with the Facility Providers or governmental authorities or law enforcement agencies, as required under the Applicable Laws. You expressly consent SiCreva to rely on the KYC Documents provided by You for providing Services. You further acknowledge and agree that SiCreva reserves the right at all times to monitor, review, retain and/or disclose any information in relation to the Service(s) as necessary pursuant to satisfy any Applicable Laws, legal process or governmental request.                     
SiCreva shall have the right to demand from You, any (i) additional KYC Documents and /or (ii) any KYC related or other documents, in its sole discretion and /or as per the Applicable Laws or pursuant to requests from governmental authorities or Facility Providers. Your failure to submit the KYC Documents when requisitioned shall entitle SiCreva to suspend the Services until You submit such KYC Documents to the sole satisfaction of SiCreva.                     
Throughout Your use of the Services, You declare that You or Your affiliates and/ or its Beneficial Owner are not a Politically Exposed Person. You shall forthwith inform us in writing if this declaration becomes untrue during any period of Your use of the Services. Capitalised terms used here but not defined shall have the meaning ascribed to them in the KYC Guidelines issued by the RBI, as amended from time to time.                     
The usage of the Website/Applications may also require You to provide consent for providing Your Personal Information (“PI”) (including but not limited to any personal data or sensitive personal data as defined under Applicable Laws) or to authorize SiCreva to derive Your data/information from any source or public registry, as may be necessary to complete Your profile or Your application on the Website/Applications, conduct due diligence on You, undertake KYC checks by itself or any other third party and/or to provide You Services through this Website. SiCreva shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, SiCreva shall not be liable to You against any liability or claims which may arise out of such transactions as any such PI is being collected, used, processed and shared with Your explicit consent.                     
You agree not to use the Website/Applications and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to You. Since the Website/Applications is in operation in India, while using the Website and/ or the Services, You shall agree to comply with laws that apply in India. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Website/Applications and/ or Services.                     
You are prohibited from posting or transmitting to or through this Website/Applications: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law or that harms minors in any way; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (v) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; (vi) impersonates another person; or (vii) is illegal in any other way. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content to this Website/Applications.

You represent and warrant that:

You are duly incorporated or established under the laws of Your jurisdiction and have all requisite power and authority to own and operate Your business/other activities.                     
You have the full legal capacity and power to enter into, exercise Your rights under, and perform Your obligations under these Terms.                     
The execution, delivery and performance of these Terms has been authorized by all necessary corporate and organizational actions or otherwise including but not limited to board resolution and/or power of attorney and/or letter of authority to bind Your business and Your company/firm/organization.                     
You have duly accepted these Terms, which form a legal, valid and binding obligation, enforceable in accordance with its clauses.                     
You do not, and shall not, engage in any activity related to virtual currency, crypto currency and other crypto products (like non-fungible tokens or NFTs), prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world. Any breach of this provision shall be subject to immediate suspension or termination of any or all Services, at SiCreva’s sole discretion, and You shall be liable to indemnify SiCreva from the losses arising from such breach.                     
You acknowledge that the Services are of complex nature and require the intervention of the Facility /Service Providers. You acknowledge and agree that SiCreva shall only be liable for acts or omissions which are solely and directly attributable to SiCreva.                     
You shall not (whether online or otherwise): (i) describe Yourself as an agent or representative of SiCreva or the Facility Provider; (ii) represent that You have any rights to offer any products or services offered by SiCreva or the Facility Provider; and (iii) make any representations to any third party or give any warranties which may require SiCreva or Facility Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Your customer or any third party.

You further covenant and agree that You shall ensure that:

Your use of the Services are solely for Your own bona fide activities which are in compliance with the Applicable Laws and also the instructions issued from time to time by the SiCreva and its Facility/Service Providers.                     
You shall not resell or assign the Services, in whole or in part, or otherwise allow the use of the Services by any third parties or Your affiliates.                     
Your use of Services does not facilitate any activity which is unlawful, illegal, unauthorised, is carried on with the intent to defraud, or is likely to result in Your unjust enrichment and/or unlawful gain.

You undertake and acknowledge that,

For the purpose of assessing your credit worthiness, SiCreva is authorized to pull from CIBIL and/or any other agency authorized by RBI, data of the applicant(s), directors, group companies, and any other individuals who are involved in the said business, on behalf of which this loan application is made;                     
CIBIL and any other agency so authorized may use, process the said information and data disclosed by SiCreva in the manner as deemed fit by them;                     
CIBIL, and any other agency so authorized may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may be specified by the RBI in this behalf;                     
For the purpose of verification of my/our personal data, SiCreva is authorized to pull from Central KYC Records Registry, ‘Know Your Customer’ data of the applicant(s), directors, group companies, and any other individuals who are involved in the said business, on behalf of which my loan application is made. I further agree and assure SiCreva that such KYC information provided with the Central KYC Records Registry is true and accurate and in the event of any mismatch, SiCreva shall have the right to reject/cancel my loan application or sanction loan facility at any time.                     
For the purpose of assessing our credit worthiness, SiCreva is authorized to fetch Goods and Service Tax returns/data, of the applicant(s), group companies, on behalf of which this loan application is made.

ACCEPTANCE OF SPECIFIC TERMS AND CONDITIONS:

Applicable fees for the provision of Services may be levied by SiCreva from time to time. You agree that the fees shall be charged according to the manner, rates and frequency determined by SiCreva as mentioned in sanction letter/ Key Fact Statement/ Schedule of charges in the said policy. SiCreva reserves the right to update the amount of the fees charged at its sole discretion.                     
Fees are exclusive of applicable taxes and SiCreva will charge such applicable taxes on the fees from time to time. You agree that any statutory variations in applicable taxes during the subsistence of these Terms shall be borne by You.                     
No discount or free gift or any other commitment whatsoever is given to customer by SiCreva or any of its authorized representative(s) other than what is documented herein.                     
SiCreva shall not process incomplete/defective application form, for which if any loss or delay is caused to Customers, Customers will not hold SiCreva liable for such loss or delay.                     
That submission of loan application to SiCreva does not imply automatic approval and SiCreva will decide the quantum of the loan at its sole and absolute discretion. SiCreva in its sole and absolute discretion may either sanction or reject the application for granting the loan. In case of rejection, SiCreva shall not be required to give any reason.                     
SiCreva shall have the right to make disclosure of any information relating to me/us including personal information, details in relation to Loan, defaults, security, etc. to the Credit Information Bureau of India (CIBIL) and/or any other governmental/regulatory/statutory or private agency/entity, credit bureau, RBI, SiCreva’s other branches/subsidiaries/affiliates/rating agencies, service providers, other banks/financial institutions, any third parties, any assignees/potential assignees or transferees, who may need, process and publish the information in such manner and through such medium as it may be deemed necessary by the publisher/ Company/ RBI, including publishing the name as part of wilful defaulter’s list from time to time, as also use for KYC information verification, credit risk analysis, or for other related purposes.                     
SiCreva reserves its right to reject the loan application and retain the loan application form along with the photograph, information and documents.                     
In respect of any delayed payments, without prejudice to all other rights of SiCreva under these Terms & Conditions: SiCreva shall be entitled to recover Penal Charges as described in the Schedule of Charges / Sanction letter & Key Fact Statement.                     
User will furnish any additional documents as and when required by SiCreva.                     
That there is no impediment or restriction (whether legal or judicial) against Customers and/or their asset filed/reported by any other bank/financer/bank.                     
That the funds shall be used for the purpose for which loan has been applied and will not be used for speculative or antisocial purpose.                     
That the information furnished by Customers is true and accurate.                     
In the case of loan cancellation, the applicable pro-rata Annualised Percentage Rate on any outstanding loan amount will have to be borne by Customers and understand that, after the cooling-off period, Processing Fee is non-refundable charges and would not be waived/ refunded in case of loan cancellation or where the loan has not been disbursed. Provided this clause shall not apply in case of the cooling off/look-up period.                     
The offer – cum sanction or any other loan communication received by Customers online is only be a conditional approval and shall not give rise to any obligations to SiCreva to disburse the loan or otherwise. The conditional approval shall be subject to the final sanction issued by SiCreva after receipt of all documents including KYC documents from me.                     
The loan related information like “Welcome Letter”, “Most Important Terms and condition” (as applicable to Personal Loan/ Business Loan provided as Annexure 1 below)”, Key Fact Statement will be sent on the verified e-mail id or through SMS provided by Customers.                     
Customers have given NACH Mandate in favor of SiCreva covering all the amounts due to SiCreva under these Terms & Conditions including the EMI towards the Sanctioned Loan as stipulated herein. Accordingly, Customers shall ensure availability of funds in the account on which such NACH Mandate/ have been drawn and that the Customers will not at any time close his account and/ or issue any notice instructing SiCreva not to present any of such NACH Mandate towards repayment of EMI payable by the Borrower to SiCreva under these Terms & Conditions.

OTHER TERMS & CONDITIONS

Users/ Customers will advise SiCreva in writing of any change in their residential or employment address                     
Customers can log on to www.SiCreva.com to view the welcome letter and repayment schedule. Customers may also request for a physical copy of Welcome Letter and Repayment Schedule separately if need be.                     
SiCreva reserves the right to transfer the loan to another entity at its own discretion.                     
If Customers desire to question any statement or any part thereof Customers shall furnish SiCreva full details of the same within 15 days of the receipt of the statement. It is however clarified that the Customers shall not be entitled to default or delay the payment of the instalments on the ground of the Statement of Account furnished by SiCreva being inaccurate or any other ground.                     
The Sanctioned Loan, interest, additional penal charges, fees, expenses and all other sums whatsoever including but not limited to Outstanding payable by Customers to SiCreva hereunder may, if required by SiCreva be secured by the product on which SiCreva shall have first and exclusive rights. Loans, under which such products are purchased will be deemed unsecured.                     
It will be the sole responsibility of the User to ensure that the use of name and password are kept confidential and not disclosed to any third party, including any representative of SiCreva, or its agents and shall take all possible care to prevent discovery of the under name or password by any person.                     
SiCreva makes no representations about the timeliness, of the services contained on the SiCreva web site for any purpose.                     
SiCreva makes no representations about the suitability, reliability, availability, of the services contained on the SiCreva web site for any purpose.                     
SiCreva shall not be responsible if any information/ database/ statement/ certificate/ page is printed/ downloaded from SiCreva’s site and after printing/ downloading complete/partial, text/information is altered/ removed/ obscured contained therein.                     
SiCreva, at no event, be liable/ responsible for any direct, indirect, punitive, incidental, special, consequential damages or any damages for the delay or inability to use the SiCreva web site, or failure to provide services, or for any information, date, statement, certificate, software, and any other services obtained through the SiCreva websites, or otherwise arising out of the use of SiCreva website.                     
SiCreva reserves the right to suspend these services if in SiCreva’s opinion security of the site or of the data could be compromised.                     
SiCreva may also suspend services on the web site for any customer at its sole discretion without assigning any reason whatsoever. In such event user shall contact SiCreva offices for any clarification.                     
SiCreva, has offered as privileged service to the User (without any charge). However, SiCreva reserves the right to levy any service charges as applicable from time to time in consideration for the services provided herein to the user. In case user is not consenting to any service charges then, user may opt out of SiCreva services.

DECLARATIONS BY BORROWERS:

Customers hereby confirm having received, read and understood the terms and conditions applicable to this loan including the application form and the Terms and Conditions/ Agreement and accept the same.                     
Customers confirms that he/she is citizen of India.                     
Customers confirm that SiCreva shall not be liable for any delay in delivery or no delivery of the product and or with respect to the quality, condition, fitness, suitability or otherwise whatsoever of the said Product.

Interest Rates

Schedule of Charges

PRIVACY POLICY

By using the Website, You hereby consent to the use of Your information as we have outlined in our https://sicrevacapital.com/privacy-policy/

CONFIDENTIALITY:

As elaborated under the Privacy Policy, SiCreva will keep all confidential information confidential, including the Borrower’s personal and business information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. SiCreva acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. SiCreva shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

ADVERTISERS/ LINKS TO THIRD PARTY WEBSITES

The Website may offer links to sites that are not under SiCreva’s control. If the Customers (Users) visit any of these links, it’s their responsibility to review each site’s terms of use. SiCreva does not assume any responsibility/liability for any obligations or offers given on such sites and is neither responsible for the contents, policies and practices of such sites as well as SiCreva is not liable for any loss, damage or expense arising from use of such sites.

LICENSE AND SITE ACCESS:

SiCreva grants you a limited license to access and make personal use of the Site. This license does not include any downloading (other than page caching) or modifying it, or any portion of it (except with express written consent of SiCreva); unauthorized hypertext links to the Site and the framing of any content available through the Site; 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 an unreasonable or disproportionately large load on SiCreva’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of SiCreva and / or its affiliates, as may be applicable. The member may not bypass any measures used by SiCreva to prevent or restrict access to the Site. Any unauthorized use by them shall terminate the permission or license granted to you by SICreva. By using this Site and by accepting to agree to these Terms & Conditions they also agree that they shall not hack or otherwise hire some third party to hack the Site or use any other unauthorized means without a written consent of SiCreva and access any third-party information. The members shall in such an event be liable of a criminal offence and SiCreva shall institute appropriate legal proceedings to claim damages.

INDEMNIFICATION:

The loan will be governed by separate terms and conditions and/ or other documents (“Loan Documents”) entered into with SiCreva as the case may be. In case of any inconsistency between these terms and conditions and the provisions of the Loan Documents, the provisions of the Loan Documents shall prevail.

The Borrower shall indemnify, save and hold harmless SiCreva, its owner, licensors, licensee, affiliates, contractors, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the Borrower’s breach of these Terms, Privacy Policy and other policies, or the Borrower’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party. SiCreva reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SiCreva, including rights to settle, and you agree to cooperate with SiCreva’ defense and settlement of these claims. SiCreva will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

WAIVER

Any failure or delay by SiCreva to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by SiCreva of that provision or right. The exercise of one or more of SiCreva’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to SiCreva under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of SiCreva.

TERMINATION:

SiCreva, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website/Applications at any time for any reason including termination for breach of any of these Terms.

None of the Borrower’s content shall remain accessible on the Website/Applications upon termination. This information cannot be recovered by the Borrower, once the account is terminated. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The Policy on Website Use and your activity under this Policy are an ‘electronic record’ in accordance with the (Indian) Information Technology Act, 2000.The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra and the arbitration proceedings shall be conducted in English language. If any provision of these terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect.

DISCLAIMER OF WARRANTIES:

The website and all information, content, materials and services included on or otherwise made available to the borrower through the website (collectively, the “contents “) are provided by SiCreva on an “as is,” “as available” basis, without representations or warranties of any kind. SiCreva makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information or receipt of loans. SiCreva shall have no responsibility for any damage to the borrower’s computer system or loss of data that results from the download of any content, materials, document or information or any other losses incurred by the borrower for failure to receive loans. The borrower expressly agrees that the use of the website is at the borrower’s sole risk. SiCreva will not be liable for any damages of any kind arising from the use of the website or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing.

To the extent permitted by law, SiCreva disclaims all responsibility for 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 unavailability of the web site 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.

LIMITATION OF LIABILITY

In no event shall SiCreva,(including its officers, directors, employees , representatives, affiliates, providers or agents, etc) be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the borrower’s access to and use of the website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not SiCreva is advised of the possibility of such damages. The Website may provide links to other third-party websites. However, since SiCreva has no control over such third-party websites, You acknowledge and agree that SiCreva is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that SiCreva 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 third-party websites. Such third-party websites may have separate terms and conditions and privacy policy, and which are independent of SiCreva and therefore, we advise You to read the terms and conditions available on such websites before You access any such third-party website.

Subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of SiCreva vis-à-vis any borrower, regardless of the form of claim, shall be limited to the aggregate of fees, if any, paid by the borrower to SiCreva. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms & 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, malware, Trojan horses and other items of a destructive nature.

SEVERABILITY:

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

CHANGES TO WEBSITE OR POLICY

SiCreva reserves the right to modify the User Interface, appearance, contents, organization, location and accessibility of the Website and/ or the Policy on Website Use at any time without prior notice.                     
The User is expected to keep himself/ herself updated of any changes made in this Website and the information available on it on a regular basis and SiCreva undertakes no responsibility about advising/intimating the User about any such changes.                     
It is imperative to note that SiCreva has taken required efforts to ensure that the information/ statement/ certificate provided on SiCreva’s Web Site is reasonably accurate, however, SiCreva not warrant its accuracy, completeness or suitability, correctness, adequacy validity, whatsoever for any purpose. As such database provided is without any warranty, express or implied, as to their legal effect.

NON-COMPLIANCE WITH POLICY/TERMS OF WEBSITE USE

If you (User) breach the terms & conditions/Policy on Website Use in any way, or if we suspect that you have breached these terms & conditions/Policy on Website Use in any way, we may take necessary steps as follows:(i) send you one or more formal warnings; (ii) temporarily/permanently block your access to the Website; (iii) block all computers/devices using your IP address from accessing the Website; (v) request your internet service providers to block your access to Website; (vi) commence legal action against you, for recovery of amounts due or damages arising out of your breach of terms & conditions/Policy on Website Use; and/or (vii) suspend or delete your account on Website.

The User herein agrees to indemnify and hold us harmless from and against any and all claims, action, liability, cost, loss, damage, endured by us by your access to the Website.

GRIEVANCE REDRESSAL MECHANISM:

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

HOW TO CONTACT US

In case of transaction/ statement /certificate is not in agreement with your record or with the information that you have, you are requested to write to SiCreva at its registered office. You are free to mail your queries on info@sicrevacapital.com.

ANNEXURE 1

MOST IMPORTANT TERMS AND CONDITIONS (“MITC”)

1. DEFINITIONS

1. The terms and expressions contained in this MITC and the Customer Application Form are defined as under:

a. “Applicant” means any person or entity who has shown interest in or has applied for a Loan from the Lender;

b. “Borrower” means and refers jointly and severally to the applicant(s) who has/have been sanctioned/granted the Loan by the Lender, based on the duly filled-in Loan Application Form submitted by such applicant(s) to the Lender for availing of the Loan;

c. “Borrower’s Dues” means all sums payable by the Borrower to the Lender, including outstanding Loan, interest, all other charges, costs and expenses;

d. “Platform” shall refer to all websites (including all associated site links) and/or mobile-based applications and/or such other websites and/or mobile-based applications/platforms referred to by the Lender and used by the Borrower to apply for a limit/Loan;

e. “Due Date”, in respect of any payment, means the date on which any amount is due from the Borrower to the Lender, including any such date as changed by the Lender from time to time upon intimation to the Borrower through written means;

f. “EMI” means the Equated Monthly Instalment amount to be paid by the Borrower on the scheduled Due Date as per the Financing Documents;

g. “EMI Overdue Amount” means the portion of the Loan principal along with the interest that has become due under this Agreement but remains unpaid on its Due Date;

h. “Loan” means the amount of financial assistance sanctioned to the Borrower as per the Offer-Cum Sanction Letter, or as displayed on the Platform, which will be or has been made available to the extent the same is not cancelled, reduced or transferred by the Lender as per the terms of the Financing Documents;

i. “Financing Documents” means these MITC, the Customer Application Form, Offer-Cum Sanction Letter, Key Fact Statement (KFS), Statement of Accounts (SoA), including the annexures thereto, and any documents executed by the Borrower or as required by the Lender, as amended from time to time;

j. “Loan Application” means the application in the prescribed form as submitted from time to time by the Borrower to the Lender for seeking financing;

k. “Offer-Cum Sanction Letter”, subject to the Loan availed by the Borrower, shall mean the Offer-Cum Sanction Letter issued by the Lender containing the relevant commercial terms and conditions applicable to the Loan;

l. “Material Adverse Effect” means any event which, in the Lender’s opinion, would have an adverse effect on (i) the Borrower’s ability to pay the Borrower’s Dues or (ii) the recoverability of the Borrower’s Dues;

m. “Late Payment Charges” means the default charges as prescribed either in the KFS or as displayed on the Lender’s website, i.e., https://sicrevacapital.com, or its mobile application, which are payable on all amounts that are not paid on their respective Due Dates;

n. “Purpose” means the utilisation of the Loan as mentioned in the Offer-Cum Sanction Letter;

o. “Cooling-off Period” means the period of time from the date of disbursement of the Loan within which the Borrower can change his/her mind and return or cancel the Loan without any prepayment charges.

p. “Overdue Principal Amount” means the portion of the Loan principal that has become due under this Agreement but remains unpaid on its due date.

q. “Pre-Payment” means the premature repayment of the entire Loan including the Rate of Interest, Fee, and other charges, according to the terms as detailed in these Terms & Conditions, through any mode as approved by the Lenders. Notwithstanding the foregoing, the Customer shall not be entitled to prepay the Loan, whether in full or in part, prior to the scheduled repayment dates, and all amounts shall be payable strictly in accordance with the repayment schedule specified herein.

r. “Total Overdue Amount” means the portion of the Loan principal and interest that has become due under this Agreement but remains unpaid on its due date along with balance total principal and interest amount outstanding along with applicable dues if any.

2. In this Agreement, (a) the singular includes the plural (and vice versa) and (b) reference to a gender shall include references to the female, male, and neutral genders.

2. DISBURSEMENT

1. Subject to the provisions of the Financing Documents, the Borrower may at any time during the Validity Period of offer, request the Lender for disbursement the Loan to the extent of the available loan amount. The Lender shall at its sole and absolute discretion allow or reject such request for the Loan. Notwithstanding anything contained in this MITC, Lender shall have the absolute right to cancel or refuse any further Loan at its sole and absolute discretion as it may deem fit, including on account of any change in credit evaluation of the Borrower.
2. The disbursement of any Loan directly to any vendor / seller/ healthcare institution or its authorized person for any Purpose shall be treated as having been disbursed to the Borrower.
3. The Borrower shall pay non-refundable processing fees as stated in the KFS, Offer-Cum Sanction Letter or as displayed on the Lender’s website, i.e. on https://sicrevacapital.com or its mobile application, along with tax thereof, which may be added as a deemed disbursement to the Loan and the Borrower will accordingly be liable for entire amount. Provided that, if the processing fees as mentioned in the KFS is revised by the Lender, the same shall be updated on its website/mobile application, an intimation thereof shall be sent to the Borrower and applied prospectively.
4. The Borrower shall utilize the disbursed loan exclusively for the Purpose as stated in the Offer-Cum Sanction Letter, and for no other purpose.
5. The Lender reserves the right to cancel or modify the terms of Offer-Cum Sanction Letter before disbursing of the loan, in accordance of its policy, without assigning any reason.

3. PAYMENT/REPAYMENT AND INTEREST

1. The Borrower shall repay/pay the entire Loan in one or more instalments along with the interest thereon to the Lender in such manner as agreed/specified by the Lender from time to time, on the respective Due Date. Subject to Clause 05 (mentioned hereunder), the Borrower agrees to pay to the Lender interest on the Loan or such part thereof as may be outstanding from time to time at such interest rate, which has been indicated by Lender at the time of making the offer for the Loan. However, in such cases, in the event the installment is not paid on the Due Date, all overdue amounts shall accrue Late Payment Charges which shall be computed from the respective due dates for payments until payment of such dues, as prescribed in KFS.
2. The Borrower shall pay to the Lender such foreclosure charges as mentioned in KFS and the same shall be displayed on the Lender’s website i.e. https://sicrevacapital.com, as applicable. Provided that, if the Lender revises the foreclosure charges as mentioned in the KFS, such revision shall be updated on the Lender’s website/mobile application and separately communicated to the Customer. Any revision resulting in an increase in charges shall be applicable only after obtaining the Customer’s prior consent. Any revision on the lower side shall be applied prospectively.
3. The tenure of each Loan shall be as provided in the Offer-Cum Sanction Letter. EMI shall be as calculated by Lender as required within their respective tenure and interest payable thereon and not exceeding the maximum EMI as provided in the Offer-Cum Sanction Letter or its mobile application. EMI shall only be towards principal outstanding and interest thereon and does not include any default interest or any other charges payable by the Borrower pursuant to Financing Documents.
4. The payment of each EMI on time is the essence of the contract. The Borrower acknowledges that s/he has understood the method of computation of EMI and shall not dispute the same.
5. Notwithstanding anything to the contrary in the Financing Documents, the Lenders shall always reserve the right to revise the rate of interest and charges whether upwards or downwards, on all existing advances/financial assistance, if so required under any applicable law. Any such change, as intimated by Lenders to Borrower (through modes such email or otherwise in the manner prescribed for the same from time to time by Lenders, etc.), will be final and binding on the Borrower prospectively.
6. The rate of interest applicable to the Loan availed shall be as prevailing on the date of disbursement and will be based upon the Lenders evaluation of the creditworthiness of the Borrower, the risk profiling done by the Lenders, etc.
7. Any dispute, including that relating to the interest computation or tenure, shall not entitle the Borrower to withhold payment demanded by the Lenders and/or payment of any dues.
8. In case of delayed payments, without prejudice to all other rights of Lender, Lender shall be entitled to Late Payment Charges (as prescribed in Offer-Cum Sanction Letter or as displayed on the website, i.e. on https://sicrevacapital.com or its mobile application or as communicated to the borrower from time to time) from the Borrower for the period of delay.
9. It is clarified that the amounts repaid by the Borrower shall be appropriated firstly towards interest due and payable and or/ accruing due and payable, secondly towards repayment of the amount of any instalment(s) of the principal sums due and payable or becoming due and payable, thirdly towards Late Payment Charges, penal charges, dues, cost, charges (as disclosed in KFS), expenses, etc. (hereinafter referred to as “Dues”), due and payable or become due and payable to the Lender as per its policies which shall be communicated to the Borrower from time to time. It is further clarified that in the event the Borrower fails to make timely repayment of EMI and such default results in EMI bounces, the Lender may levy and recover Dues in accordance with applicable laws, regulatory guidelines and KFS. Any amount received by the Lender shall be appropriated in a fair and transparent manner, first towards Dues that are lawfully due and overdue, and thereafter, the balance amount, if any, shall be adjusted towards due interest and the principal outstanding.
10. In the event any Dues remains outstanding as on the due date of the final EMI of the loan, such Dues shall be payable by the Borrower together with the final EMI.
11. Interest (if applicable), Late Payment Charges and all other charges shall accrue from day to day and shall be computed on the basis of 365/366 days (as may be applicable) a year and the actual number of days elapsed.
12. All sums payable by the Borrower to Lender shall be paid without any deductions whatsoever.

4. MODE OF PAYMENT, REPAYMENT AND PREPAYMENT 

1. The Borrower shall provide a National Automated Clearing House (Debit Clearing) mandate or any other electronic or clearing mandate notified by the RBI (collectively, the “Auto Debit Mandate”) against the Borrower’s bank account. The Borrower shall honour the mandate on each Due Date. The Lender is authorised to take necessary steps to realise dues, including splitting the mandate amount into smaller amounts towards recovery of overdue EMIs. The Borrower shall replace the mandate or related documents within seven days when required by the Lender.
2. The Borrower shall maintain sufficient funds in the designated bank account on each Due Date and shall not close the account, cancel the mandate or instruct the bank or Lender to stop or delay payment.
3. The Borrower acknowledges that the Auto Debit Mandate is issued voluntarily for payment of dues and not as security. Dishonour of a mandate may attract applicable legal consequences under the Negotiable Instruments Act, 1881 and/or the Payment and Settlement Systems Act, 2007. Bounce charges may apply as prescribed in the Offer-Cum Sanction Letter, website or mobile application.
4. Any dispute shall not entitle the Borrower to withhold or delay EMI or other payments. The Lender may present the Auto Debit Mandate on the applicable Due Dates.
5. The Borrower remains solely responsible for timely payment of all dues, notwithstanding the issuance of an Auto Debit Mandate.
6. Subject to the above provisions, payments may be made using available modes provided through the App, website and TPAPs approved by regulatory authorities, including Debit Card, Net Banking, UPI, IMPS, NEFT, RTGS and BBPS.
7. Loan repayments must be made exclusively from the Borrower’s own bank account. Payments from another individual’s or organisation’s account may be rejected or automatically refunded.

5. BORROWER’S COVENANTS, REPRESENTATIONS AND WARRANTIES 

1. The Borrower shall:
   1. Observe and perform all obligations under the Financing Documents.
   2. Provide documents, including bank statements, as required by the Lender. The Borrower authorises the Lender to communicate through an Account Aggregator with banks where the Borrower maintains accounts and with employers, family members or related persons where deemed necessary to monitor creditworthiness. The Lender is not required to return the application, photographs, information or documents submitted.
   3. Immediately notify the Lender of any litigation or legal proceedings against the Borrower.
   4. Notify the Lender of any Material Adverse Effect or Event of Default.
   5. Notify the Lender in writing of changes to office, residential or business addresses, or any change, resignation, termination or closure of employment, profession or business.
   6. Not leave India for employment, business or long-term stay abroad without fully repaying the outstanding Loan, interest, dues and charges.
   7. Provide security, if specified in the Financing Documents or required by the Lender due to a change in creditworthiness.
   8. Ensure salary or business proceeds are deposited into the account linked to the Auto Debit Mandate. The Lender may resubmit the mandate after prior intimation if an EMI bounces. Non-receipt of an EMI alert shall not be valid grounds for non-payment.
   9. Comply with applicable laws, including the Prevention of Money Laundering Act, 2002, as amended.
   10. Utilise each Loan only for the Purpose stated in the Loan Application.
   11. Submit updated KYC documents within 30 days if any previously submitted KYC document changes.
2. Each Borrower represents and warrants that:
   1. All information provided in the Customer Application Form and other documents is true, correct and not misleading.
   2. The Borrower is legally capable of executing and performing the Financing Documents.
   3. The Borrower is above 18 years of age and this MITC constitutes a legal, valid and binding obligation.
   4. The Borrower is not prohibited by law from availing the Loan.
   5. No event has occurred that would adversely affect the Lender’s interests, the Borrower’s financial condition or the Borrower’s ability to perform obligations.
   6. The Borrower is not in default of taxes or Government dues.
   7. The Borrower shall perform all acts required by the Lender to give effect to this MITC.
   8. No bankruptcy or insolvency proceedings are pending against the Borrower.
3. The Borrower consents to the Lender using and storing information provided or otherwise obtained for the Loan or its business and disclosing such information to contractors, agents and other third parties in accordance with the privacy policy.

6. EVENTS OF DEFAULT 

1. The following shall constitute an Event of Default:
   1. Failure to pay any Borrower’s Dues on the Due Date.
   2. Breach of any term, covenant, representation, warranty, declaration or confirmation under the Financing Documents.
   3. Fraud, misrepresentation or concealment of material information that could have affected the Lender’s decision to grant a Loan.
   4. Death, lunacy or any other permanent disability of the Borrower.
   5. Utilisation of the Loan for a purpose other than that stated in the Loan Application.
   6. Any event, condition or circumstance, including a change in law, that in the Lender’s opinion may have a Material Adverse Effect, including bankruptcy, liquidation, insolvency proceedings or attachment or restraint of assets.
   7. Revocation of the NACH Mandate without the Lender’s prior approval.
2. Any event beyond those expressly listed, whether similar in nature or otherwise, may also be deemed an Event of Default.
3. The Lender’s decision on whether an Event of Default has occurred shall be binding on the Borrower.
4. Under the RBI Prudential Framework for Resolution of Stressed Assets, overdue accounts shall be classified as Special Mention Accounts (SMA) as follows:

The SMA/NPA date shall reflect the account classification at the end of the relevant calendar day. For example, if the Due Date is March 31, 2021, and the full dues remain unpaid after the day-end process, the overdue date shall be March 31, 2021, and the account shall be tagged SMA-0. If the account continues to remain overdue, it shall be tagged SMA-1 on April 30, 2021, SMA-2 on May 30, 2021, and NPA on June 29, 2021, subject to the applicable classification rules.

1. The Borrower acknowledges that, under applicable RBI guidelines, NPA classification is borrower-wise and not facility-wise. Where applicable, non-payment of dues in one facility may result in other loan accounts of the same borrower being classified as NPA and may entitle the Bank to recall such facilities in accordance with applicable guidelines.

7. CONSEQUENCES OF DEFAULT 

1. Upon an Event of Default, the Lender may declare all outstanding Loan amounts, whether due or not, immediately repayable. If the Borrower fails to pay within 15 days, the Lender may exercise remedies available under applicable law, including seeking injunctive relief or attachment of assets.
2. In the event of repayment default, the Lender may conduct skip-tracing activities directly or through authorised agencies to determine the Borrower’s whereabouts and verify information using public records, credit records and social connections, as permitted by applicable law.
3. The Borrower shall be liable for legal and other costs and expenses arising from defaults or the exercise of the Lender’s remedies.
4. The Lender may send reminders concerning outstanding Loans by post, fax, telephone, email, SMS or other appropriate communication methods, including through third parties. Appointed third parties shall adhere to the applicable code of conduct for debt collection.

8. DISCLOSURES 

1. The Borrower authorises the Lender to disclose information relating to the Borrower, Loan and any default to third parties or agencies, including TransUnion CIBIL Limited (“CIBIL”), as appropriate, necessary or authorised by the RBI. Such information may be used and processed in accordance with applicable law. In the event of default, the Lender and authorised agencies may disclose or publish the Borrower’s name or the names of relevant directors, partners or co-applicants as defaulters through appropriate media, subject to applicable law.
2. The Borrower agrees to the sharing or disclosure of information as described above. This clause shall survive termination of the MITC and repayment of the Borrower’s dues.
3. This MITC constitutes the entire arrangement between the Parties concerning its subject matter and supersedes prior written or oral agreements, understandings and negotiations relating to the same subject matter.

9. MISCELLANEOUS 

1. The Lender’s records shall be conclusive evidence of the existence and amount of the Borrower’s Dues, and statements of dues furnished by the Lender shall be binding on the Borrower.
2. Where more than one Borrower jointly applies for a Loan, their liability for repayment shall be joint and several.
3. The Borrower shall execute documents and amendments and cooperate with the Lender to comply with RBI guidelines or enable the Lender to exercise its rights under the Financing Documents. Subject to applicable law, required changes may be incorporated into the Financing Documents if the Borrower fails to execute them.
4. The Borrower acknowledges that the interest rate, penal charges, service charges and other charges payable under the Financing Documents are reasonable and acceptable.
5. The Lender may appoint Service Providers and delegate functions relating to sourcing, verification of information, Loan administration and monitoring, and other lawful activities connected with the Loan, including sending notices and receiving payments or mandates.
6. The Borrower acknowledges that the financing transaction creates a debtor-creditor relationship between the Borrower and the Lender. The applicability of consumer protection laws shall be determined in accordance with applicable law.
7. The Borrower authorises the Lender to verify income, residence, address, identity and other personal or financial documents submitted for obtaining a Loan and to retain such documents as permitted by applicable law.
8. The Borrower authorises the Lender to obtain and verify PAN, identity and address proofs and bank account details, including through NSDL, CERSAI and other Government agencies. The Lender may obtain credit information from CIBIL, Experian, Hunter and other agencies to assess creditworthiness.
9. The Borrower consents to KYC verification through Aadhaar e-KYC or other lawful means and to the sharing and storage of information in accordance with applicable law.
10. In case of disagreement concerning the materiality of any matter relating to the Financing Documents, the Lender’s opinion shall apply subject to applicable law.
11. The Borrower and the Lender may mutually agree to a fresh Loan on the terms of this MITC and any further letter or undertaking required by the Lender.
12. If the Borrower voluntarily avails third-party services bundled with the Loan, including insurance, extended warranty or other products and services, the Lender shall not be responsible for non-provision of those services by the third party, subject to applicable law.
13. The Lender retains the right of set-off and, subject to applicable law, a general lien over monies and deposits belonging to the Borrower that are in the Lender’s possession or control.
14. Appointment of Third Parties by the Lender: The Lender may appoint authorised third parties to administer the Loan, collect and receive dues on its behalf, issue valid receipts and perform lawful activities connected with the Agreement. The Lender may disclose necessary information to such third parties. Details of the recovery mechanism are provided in Schedule 1.
15. The Lender facilitates resolution of customer grievances. In the event of a complaint or issue, the Borrower may refer to the Grievance Officer details in Schedule 2.
16. The Lender and its authorised representatives may conduct audits to ascertain fraud, through internal or external auditors or authorised agents, and obtain audit or review reports. Any determination shall adhere to the principles of natural justice and provide the Borrower a reasonable opportunity to be heard.
17. If the Borrower’s account is classified as a fraud account, the Lender may examine credit facilities and borrowing accounts of other group companies with common promoters or whole-time directors to assess potential fraud risk, subject to applicable law.
18. If a Law Enforcement Agency initiates an investigation concerning the Borrower’s account, the Lender shall continue to classify and manage the account in accordance with its Board-approved Fraud Risk Management Policy and applicable RBI guidelines.
19. The Lender may engage third-party service providers for pre-sanction due diligence and post-sanction monitoring. Such providers shall remain contractually accountable for their obligations, and the Lender may take appropriate contractual or legal action in cases of wilful negligence, misconduct or malpractice contributing to fraud.

10. SEVERABILITY 

The Borrower acknowledges that each obligation under the Financing Documents is independent and severable from the others.

11. DISPUTE RESOLUTION AND ENFORCEMENT 

In the event of default or breach of this Agreement or the Financing Documents, the Lender may initiate appropriate legal, statutory or enforcement proceedings as permitted under applicable law. These may include proceedings under the Negotiable Instruments Act, 1881, the Payment and Settlement Systems Act, 2007, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023 and other applicable laws or regulations.

Civil disputes, claims or differences arising out of or in connection with the Financing Documents, including their interpretation, validity, performance or termination, may, at the Lender’s discretion, be referred to arbitration under the Arbitration and Conciliation Act, 1996, including any statutory modification or re-enactment. The seat and venue of arbitration shall be Mumbai, India. Any arbitral award shall be final and binding on the Parties.

The Lender may conduct arbitration through an independent online dispute resolution platform. In such cases, an arbitrator may be appointed independently by the platform, and proceedings shall follow the Arbitration and Conciliation Act, 1996 and the applicable platform rules. Notices, claims, documents, replies, counters and adjournment letters may be sent to the Borrower’s registered email address or mobile number and shall be treated as proper service.

The existence of the arbitration clause shall not restrict or prevent the Lender from initiating or continuing legal, statutory, regulatory, enforcement, criminal or quasi-criminal proceedings permitted under applicable law.

12. GOVERNING LAW AND JURISDICTION 

This Agreement and the Financing Documents shall be governed by the laws of India. Subject to the dispute resolution provisions above, the courts at Mumbai, India, shall have exclusive jurisdiction over matters arising out of or relating to the Financing Documents. The Lender may, at its discretion and as permitted by applicable law, initiate or pursue legal or enforcement proceedings in another competent court or tribunal, including concurrent proceedings in multiple jurisdictions.

13. TOP-UP / BALANCE TRANSFER 

1. If the Lender sanctions a top-up over an existing facility or a balance transfer facility, with or without a top-up, the standard loan documentation, including this Agreement, shall be used. This Agreement shall be read together with the principal loan agreement(s) previously executed by the Borrower. The Lender may require additional documents as necessary.
2. Each such Loan shall constitute a separate facility and shall be documented afresh through execution of the standard agreement and applicable schedules, annexures and security documents, unless otherwise specified by the Lender.
3. The terms, conditions, covenants, representations and obligations in this Agreement shall apply, with necessary modifications, to each top-up or balance transfer facility and shall be interpreted consistently with the principal facility documents.

14. NOTICES 

Any notice to the Borrower under the Financing Documents shall be deemed valid if served on the Borrower, sent by registered post or left at the Borrower’s existing or last-known business or private address. A notice sent by registered post shall be deemed received within 48 hours of posting. A notice to the Lender shall be valid only when received at its stated address.

15. ASSIGNMENT 

1. The Borrower shall not transfer or assign any right, obligation or duty under the Financing Documents, directly or indirectly, or create a third-party interest without the Lender’s prior written consent.
2. The Lender may sell, transfer, assign or securitise any or all of its rights, benefits, obligations, duties or liabilities under the Financing Documents, in whole or in part, including through participation rights, without the Borrower’s prior written consent or intimation, subject to applicable law. The Borrower shall continue performing obligations to the relevant assignee or transferee and shall substitute the remaining Auto Debit Mandate in favour of the transferee or assignee if required by the Lender.

16. INDEMNITY 

The Borrower agrees to indemnify, defend and hold harmless the Lender, its directors, employees, representatives, consultants and third parties against liability, claims, losses, judgments, damages, costs and expenses, including reasonable legal fees, arising from the Borrower’s failure to perform obligations under the Financing Documents, an Event of Default or the exercise of the Lender’s rights, including enforcement of security or recovery of the Borrower’s Dues, subject to applicable law.

17. ACCEPTANCE 

The Borrower acknowledges that the Lender shall become a party to this MITC only after satisfying itself regarding the conditions and details provided in the MITC and other Financing Documents in accordance with its policies. This MITC shall become legally binding on the date the Lender’s authorised officer signs it at Mumbai or the date of first disbursement, whichever is earlier.

By clicking “I accept”, the Borrower electronically signs this MITC and agrees to be legally bound by its terms. Acceptance constitutes the Borrower’s agreement to be bound by all terms and conditions and confirmation that the MITC and related Financing Documents have been read and understood.

I hereby affirm my understanding of the English language and the facts, terms and conditions outlined above.

I/We agree that the contents of the KFS have been explained to me/us and affirm that I/we have understood them as set out below:

I/We declare that I am/we are not a Politically Exposed Person (PEP). Politically Exposed Persons are individuals who are or have been entrusted with prominent public functions by a foreign country, including heads of state or government, senior politicians, senior government, judicial or military officers, senior executives of state-owned corporations and important political party officials. I/We undertake to immediately inform the Lender if I/we or any family member or close relative becomes a PEP. In such cases, the Lender may seek senior management approval to continue the business relationship and conduct customer due diligence, including enhanced ongoing monitoring, as required for PEP-category customers.

Schedule 1 - Details of Recovery Mechanism

Si Creva Capital Services Private Limited (“Si Creva”) is an RBI-registered NBFC that follows applicable rules relating to collection practices. The course of action followed by Si Creva in the event of default in scheduled repayments is as follows: In the event of delayed or defaulted payments, Si Creva may initiate communications through SMS, in-app chat, its verified WhatsApp Business Account, IVR, notifications and telephone calls. Calls to Borrowers will be made between 8:00 AM and 7:00 PM. Si Creva may delegate recovery to its network of field agents, who may visit the Borrower at the location stated in the Loan Application. A visit may also be made to an alternative location specifically requested by the Borrower. Visits will take place between 8:00 AM and 7:00 PM. The Borrower will be informed in advance of the details of the recovery agent who will make the follow-up visit. Collection and recovery agents must comply with the Board-approved Code of Conduct governing their interactions with Borrowers. Collection, recovery and enforcement practices shall comply with applicable law. If the above actions do not resolve the matter, legal proceedings may be initiated as permitted by applicable law and the Financing Documents.

Schedule 2 - Details of Grievance Redressal Mechanism and Grievance Officer

Level 1: Call 022 62820570 / 022 48914921 The customer can get in touch with the customer service executive over call between 9:30 am to 6:30 pm, 7 days a week & 365 days a year by dialling the above number. If the customer is unable to connect due to temporary heavy call volumes, a callback shall be attempted, in most of the cases, by the customer services team to resolve the query/grievance. Chat 022 48913631 The customer can get in touch with the customer service executive over Chat (preferably from his/her registered mobile number) between 9:30 am to 6:30 pm, 7 days a week & 365 days a year by saving the official WhatsApp Chat number. In addition to WhatsApp Chat, the customer can also Chat using the Chat option in the Kissht App. During non-working hours, the customer can use the automated Chatbox service on the same number for basic queries and for raising a grievance. Email care@kissht.com The customer can get in touch with the customer service executive over Email by sending the query/grievance (preferably from the registered email id) to the above email id. Level 2: If customer is unable to get a satisfactory response or is unable to reach the above Level 1 channels for Grievance Redressal, he/she may choose to escalate the issue to the below mentioned officer’s: Lender Grievance Redressal Officer (GRO) Shreya Madiwala Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070 Ph: 08044745954 Email: grievanceofficer@sicrevacapital.com / info@sicrevacapital.com In E-mail kindly also mark CC to: info@sicrevacapital.com Principal Nodal Officer (NO) Vaishali Malviya Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070 Ph: 08044745953 Email: nodalofficer@sicrevacapital.com / info@sicrevacapital.com LSP Grievance Redressal Officer (GRO) Mr. Reefat Shaikh Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070 Ph: 08044745952 Email: care@kissht.com Nodal Officer (NO) Mr. Zaffar Khan Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070 Ph: 08044745951 Email: escalation@kissht.com Important Notes: The Grievance Redressal Officer (GRO) may be reached on the number provided above anytime between 10:00 and 18:00 from Monday to Saturday except public holidays, or through the e-mail address above. The GRO shall endeavor to resolve the grievance within a period of 14 days from the date of receipt of a grievance. If the Borrower does not receive a response from the GRO within 14 (fourteen) days of making a representation, or if the Borrower is not satisfied with the response received from the GRO, the Borrower may reach the Nodal Officer anytime between 10:00 to 18:00 from Monday to Saturday except public holidays or write to the Nodal Officer at the e-mail address above. If the grievance is not redressed by the Nodal Officer of the Company within a period of 30 (thirty) days, then the borrower can lodge a complaint over the Complaint Management System (CMS) portal under the Reserve Bank- Integrated Ombudsman Scheme (RB-IOS).