This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. 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 require publishing the rules and regulations, privacy policy and user agreement for access or usage of the internet resource www.cashe.co.in as well as the CASHe mobile application platform and any other application or software run under the brand name “CASHe”. These User Terms and Conditions (“User T & C”) apply to the access and use of any CASHe application or software whether run through the internet resource www.cashe.co.in or through the CASHe mobile application or on any other media platform (hereinafter referred to as the “Website” or “CASHe”). Persons accessing or using our Website or availing the Loan and facilities on our Website (collectively the “Services”) are hereinafter referred to as “Users” or “you”.
Welcome to CASHe! Aeries Financial Technologies Private Limited (“us”, “we”, or “Aeries” or “Company”) is the exclusive licensee in Indian territory of the CASHe technology and Website. By visiting the Website, you agree that these User T & C shall be a legally binding agreement between User and us/ Bhanix Finance and Investment Limited (“Herein after referred as “Lending NBFC”, “Company”, “Lender” as applicable”)
Before using our Services, you are requested to please ensure that you carefully read and understand these User T & C which shall apply. Your use of our Services is expressly conditional on your acceptance of these User T & C.
Please read these User T & C carefully before using this Website and/or Application.
Aeries Financial Technologies Private Limited is the licensee of the CASHe technology and Website in the Indian territory and is responsible for maintaining the Website and providing for the technical support for the same. “Lending NBFC” ) is responsible for the Loan and other facilities provided through the Website. The terms “CASHe” “Company,” “we,” “our,” and “its” when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships. You acknowledge that Lending NBFC and not Aeries would be responsible for the contents displayed on the Website, loan and other facilities offered and for any breach of these User T & C. Lending NBFC reserves the right in its sole discretion to remove any content or data, information or material (“User Content”) from the Website from time to time.
This page sets forth the User T & C under which Lending NBFC provides information on this Website, as well as the User T & C governing your use of this Website and Services.
Aeries Financial Technologies Private Limited is a company registered under the Companies Act, 2013 and having its registered office address at 5th Floor, Paville House, Off Veer Savarkar Marg, Prabhadevi, Mumbai, Maharashtra- 400 025. The company registration number is 270608. Bhanix Finance and Investment Limited is a Company registered under the Companies Act, 1956 and having its registered office address at 5th floor, Paville House, Twin Towers Lane, Off Veer Savarkar Marg, Prabhadevi, Mumbai, Maharashtra-400025 and having its branch office at 8-2-682, Laxmi Cyber Centre, Road No.12, Banjara Hills, Hyderabad-500034, Telangana, The Company registration number is 300645.
Your use of this Website is subject to the following terms of use:
Aeries Financial Technologies Private Limited is the licensee of the CASHe technology and Website in the Indian territory and is responsible for maintaining the Website and providing for the technical support for the same. Lending NBFC is responsible for the Loan and other facilities provided through the Website. The terms “CASHe” “Company,” “we,” “our,” and “its” when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
You acknowledge that TSLC, Singapore is the owner and Aeries is the exclusive licensee of the in the Indian territory, of the Website and CASHe technology including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto.
You are permitted to access the Website in accordance with these User T & C:
No part of the contents of this Website and may be modified, transmitted, or otherwise used without our express permission except as provided herein.
Unless specifically requested, CASHe does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Company, Lending NBFC and each of its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.
References on the Website to services and products or supplied information or data provided by CASHe are on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, We specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorised access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.
Under no circumstances, including, but not limited to, negligence, shall We be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website, even if Aeries or a CASHe authorised representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall our total liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
“CASHe” and the “CASHe” logo/word mark are registered trademarks or applied for registration and/or service marks of TSLC Singapore or Aeries group companies or affiliates and is licensed to Company for exclusive use in Indian Territory. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Company.
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (the “Marks”) are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.
You may use the Website without registration however, to participate in certain activities of the Website you may be requested to create an account or you can login any other third party service account permitted by the Website. In the event you wish to create an account with us you may do so by completing the registration process. You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password and account.
If at any time Company believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete the Company reserves the right to cancel your account and block your access to Website.
You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorised use of your account or any breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.
Linked sites are not under the control of Aeries, Company and Aeries, Company is not responsible for the contents of any linked site or any link contained in a linked site. CASHe provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aeries, Company of the Website has no control over such third party Website or any offsite dealings with such third parties is at your own risk
The Website uses Google Analytics, a web and mobile analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your device, to help analyse how users use the Website application. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States or India or Cloud. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for operators and providing other services relating to Website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Some part of the Website may contain advertising information or promotion material or other material submitted to CASHe by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
While CASHe takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the contents of this Website at any time without notice to you. While we make reasonable efforts to prevent unauthorised tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below, we do not warranty that the Website materials will be error-free, and disclaims any liability for such errors.
This Website’s Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these User T & C. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account. This is important information. By providing your personal details and by using our Website, you consent to our Privacy Policy.
By clicking the ‘I Agree’ button, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Website.
These User T & C shall be a legally binding agreement between User and us and shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. Subject to the arbitration provision herein, the courts at Telangana, India shall have exclusive jurisdiction over any claims or matters arising out of these User T & C.
WE MAKE NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE MATERIALS. WE PERIODICALLY AMEND, CHANGE, ADD, DELETE, UPDATE OR ALTER THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER T & C, AT THE WEBSITE WITHOUT NOTICE. FURTHER, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS WEBSITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND TITLE.
These User T & together with the Privacy Policy, Loan and Risk Policy, Terms and Conditions for Grant of Social Loan, Know Your Customer Policy, Fair Practices Code, PMLA and other policies made available on the Website, as amended from time to time, constitute the entire agreement between you and us. If any provision of these User T & C or any policy are considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these User T & C or any policy and shall not affect the validity and enforceability of any remaining provisions.
We reserve the right to modify them at any time, and without actual notice to you. All such changes to these User T & C will appear on the Website.
By using this Website following any modifications to these User T & C, you agree to be bound by any such modifications to these User T & C. If any changes to these User T & C are unacceptable to you, you must discontinue use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these User T & C. We also reserve the right to change the Website without notice to you, at any time.
Use of the CASHe Website is at your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL COMPANY OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE USER T & C FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Company and Lending NBFC and their affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Website, without limitation, any actual or threatened suit, demand, or claim made against Company arising out of or relating to the User Content, your conduct, your violation of these User T & C, or your violation of the rights of any third party.
We shall have the right immediately to terminate this agreement with you and your use of the Website if we determine in our sole discretion that you have breached any of these User T & C or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable. Upon termination or expiration of these User T & C, your obligations and our rights and disclaimers survives, but your right to use the Website immediately ceases. Any express waiver or failure to exercise promptly any right under these User T & C will not create a continuing waiver or any expectation of non-enforcement.
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