This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertainingto 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 digitalsignatures.
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.
1. COMPANY INFORMATION
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.
2. TERMS OF USE
Your use of this Website is subject to the following terms of use:
a. The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Unauthorised use ofthis Website may give rise to a claim for damages and/ or be a criminal offence.
b. The service statements on this Website are for general description purposes only. The information contained in this Website should not be viewed asan offer to sell or as a solicitation to purchase any of our Services. Furthermore, not all Services are available in every state orcountry.
c. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials maycontain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted bylaw.
d. TheWebsitemaycontainlinkstootherthirdpartysites.Suchsiteswillcontaintheirownseparatetermsandconditions.Youraccesstoanduseof these interactive sites will require acceptance of these separate terms andconditions.
e. You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, renderthe Website inaccessible to others or otherwise cause damage to the Website or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of thirdparties.
f. This Website uses cookies to monitor browsing preferences.
g. We make no warranties or representations about this Website or any of its content. CASHe is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of this Website. Your use of any information or materials on this Website isentirelyatyourownrisk,forwhichweshallnotbeliable.Itshallbeyourownresponsibilitytoensurethatanyproducts,servicesorinformation available through this Website meet your specific requirements.
h. AllmaterialshereinandallCompanysoftwareareproprietarytoCompanyandprotectedbyworldwidecopyrightandotherintellectualpropertylaws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, postedortransmittedinanyformorbyanymeans,includingbutnotlimitedto,electronic,mechanical,photocopying,recordingorothermeans,without the prior express written permission of theCompany.
i. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminaloffence.
j. Any violation of these User T & C may result in legal liability upon you. Nothing in these User T & C should be construed to confer any rights to any third party or any other person. Your use of the Website means you are consenting to this User T & C and agree to be legally bound by it.
k. You acknowledge and agree that nothing in these User T & C shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Website or Application or any other Material or any part thereof to you or any third party.
3. PROHIBITED USE
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these User T & C or by any domestic or international laws, statues, ordinances and regulations. Your use of Website is your responsibility.
You shall not, display, upload, modify, publish, transmit, update or share any information on the Website, that –
Belongs to another person and to which you do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or unsolicited commercial advertisement;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
4. COPYRIGHT
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, Wespecifically 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, unauthorized 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 authorized 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.
5. TRADEMARKS
“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.
6. USER REGISTRATION
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 unauthorized 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.
7. LINKED SITES
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
8. USE OF GOOGLE ANALYTICS & GPS
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 analyze 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.
9. ADVERTISING MATERIAL
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.
10. TYPOGRAPHICAL OR OTHER ERRORS
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 unauthorized 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.
11. DATA PRIVACY
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.
12. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
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.
13. APPLICABLE LAW
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.
14. DISCLAIMER OF WARRANTIES
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.
15. ENTIRE AGREEMENT
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.
16. CHANGES TO TERMS OF USE
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.
17. LIMITATION OF LIABILITY
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.
18. INDEMNIFICATION
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.
19. TERMINATION
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.
20. GENERAL TERMS
a. Force Majeure: In no event shall Company/CASHe be liable for any acts beyond its control or for any acts of god.
b. Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.
c. No Waiver: Our failure to exercise or enforce any right or provision of these User T&C will not be deemed to be a waiver of such right or provision.
d. No Third-Party Beneficiaries or Rights: These User T&C do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these User T&C.
e. Complaints: In the event you have any complaint(s) pertaining to Services provided through this Website, please feel free to email us at support@cashe.co.in and kindly provide your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.
f. Assignment: You may not assign or otherwise transfer your rights or obligations under these User T&C. We may assign our rights and duties under these User T&C without any such assignment being considered a change to these User T&C and without any notice to you.
g. Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office support@cashe.co.in
h. Dispute Resolution: Any Dispute relating in any way to your visit to Website or to Services through Website shall be submitted to arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate this Website’s intellectual property rights, We may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts.
i. The Arbitration under this agreement shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The Award shallbe binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
j. We reserve the right to make changes to our Website, policies, and these User T & C at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
k. Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at support@cashe.co.in.
l. Contact Information: If you have any questions or suggestions regarding our User Terms and Conditions, please contact us at support@cashe.co.in
NOTICE:Grant of Social Loan is expressly conditioned on Borrower's assent to these Terms and Conditions (“T&C”). Any acceptance of Lender's loan facility is expressly limited to these T&C. No document uploaded or document solely signed by Borrower shall modify these T&C. The Lender may amend the T&C after prior notification to the Borrower and such amended T&C will thereupon apply to the Borrower.
If the visitor to the CASHe is a minor i.e. under the age of 18 years, he/she shall not register onCASHeMobile Application and Application and shall not transact or use CASHe. As a minor, if a visitor wishes to use or transact on CASHe, such use or transaction may be made only by their parents/ legal guardian who have registered and have an online account with CASHe in their name. All monetary transactions shall be made by the parents/ legal guardians themselves. The parents/ legal guardians shall be financially responsible for access of the mobile application and for repayments of Loan availed by their children below 18 years of age. Lender reserves the right to terminate any loan application in the event of breach of any of the T&C as are set out herein.
These T&C are to be read and understood in conjunction with the User Terms and Conditions, the KYC Policy, Privacy Policy, Fair Practice Code and Loan and Risk Management Policy and any other policy as may be displayed on the Website from time to time.
This document is an electronic record in terms of the Information Technology Act, 2000 and Rules there under, as applicable 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.
By clicking on the ACCEPT button at the bottom of this page, you irrevocably and unconditionally accept the T&C for grant of Social Loan and these T&C will become a legally binding contract between the Lender and Yourself as the Borrower.
1 Definitions
“Amounts Due” shall mean the principal Loan Amount together with Interest and Delayed Interest and other amounts due and payable by Borrower to Lender in terms of these T&C;
“Applicable Law” shall mean any Indian statute, law, acts of the state legislature or Indian Parliament, regulation, ordinance, rule, judgment, order, decree, bye-laws, clearances, directives, guidelines, policy requirement, or any governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration having the force of law in India of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as of the date of this Contract or thereafter, and includes any laws, notification, circulars, ordinances, byelaws, rules whatsoever.“Borrower” shall mean any individual who avails a Loan through the CASHe.
“Business Day” means the days on which the Lender is open for business during normal business hours.“Default”means non-payment of Loan Amount and/or any amount due to Vender.
“Due Date” means in respect of any amount payable under any Loan, the date on which such amounts falls due in terms of the contract; and if such date falls on a day which is not a Business Day, on the immediately preceding Business Day.
“Loan” or “Loan Amount” shall mean the facility availed by the Borrower and sanctioned by the Lender, from time to time.“T&C” shall mean these Terms and Conditions.
“Term” shall mean the term of the Loan which is 62 (Sixty Two), 90 (Ninety), 180 (One Hundred Eighty), 270 (Two Hundred and Seventy) and 1 year (360) days or as may be communicated to borrower from the Date of Disbursement and /or may be suffixed to CASHe e.g. CASHe 62 (for 62 days ), CASHe 90 (for 90 days), CASHe 180 (for 180 days), CASHe 270 (for 270 days), and CASHe 1 year (for 360 days).The final decision on Terms and Loan amount will be of Lender.
“Persons” shall mean an individual, and shall include legal representatives, administrators, executors, heirs, their respective successors and permitted assigns.
“Policies” include but not be limited to Know Your Customer Policy, Loan and Risk Management Policy, User Terms and Conditions, Privacy Policy of the Lender displayed on the CASHe Website.
“Registered Account” or “Account” shall mean the account of the Borrower registered with CASHe.
“Social Loan Quotient” or “SLQ” shall have the meaning ascribed to it in clause 2.5 of these T&C.
“Website” shall mean and include the CASHe Mobile Application, the internet resource www.cashe.co.in, and any other media platform through which the CASHe application, software and platform is run. The terms “Website” and “CASHe” are used interchangeably in these T&C.2. Registered Account and Social Loan Quotient
3. Facility
4. Procedure for Drawdown and Disbursement
5. Suspension or Cancellation by Lender
6. Interest
Processing Fees, Commission and Other Payments:
The Borrower shall be liable to pay the Lender a First-time processing fee plus GST, for each category of loan e.g. 62, 90, 180, 270 and one year (360) days loan period, as per slabs given below (“Processing Fee”). Lender reserves the right to change the amount of Processing Fee at any time.
Product | Loan Amount | Processing Fees |
||||||
CASHe 62 days |
|
|
||||||
CASHe 90 days | 19000 to100000 | 2% of Loan Amount | ||||||
CASHe 180 days |
|
|
||||||
CASHe 270 days | 30000 to 250000 | 2% flat on Loan Amount | ||||||
CASHe One year |
|
|
Product | Loan Amount | Processing Fees(INR) |
||||||||
CASHe 62 |
|
|
||||||||
CASHe 90 days |
|
|
||||||||
CASHe 180 days |
|
|
||||||||
CASHe 270 days |
|
|
||||||||
CASHe 1 Year |
|
|
Product | CASHe Gold | CASHe Platinum | CASHe Diamond | ||||||
|
|
|
|||||||
CASHe 90 |
|
|
|
||||||
CASHe 180 |
|
|
|
7. Repayment and Pre-Payment
(a) Net Banking Payment to the Bank Account of Lender: as will be communicated by SMS and/or email registered with loan application.
(b) Cash or Cheque to be deposited into the Lender's Bank Account, in exceptional cases, when Borrowers Bank is unable to execute Net Banking Transaction.
(c) UPI payment through VPA account registered with CASHe app.
8. Eligibility, Commission and other Payments
In the case of CASHe 62 and 90 days products, the Borrower can apply for auto-repeat and for CASHe 180 days, 270 days and one year loan, the Borrower can’t go for auto-repeat of Loan.
9. Representations and Warranties
8. Borrower Covenants
9. Event of Default and Consequences of Event of default
10. Term and Termination
11. Sanction
12. Notices
13. Transfer and Assignment
14. Disclosure of Information
15. Governing Law, Jurisdiction and Arbitration
16. Miscellaneous
BORROWER CONFIRMATION AND ACCEPTANCE
Use of CASHe Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the CASHe Website.
I HEREBY CONFIRM THAT I AM 18 YEARS OF AGE OR ABOVE AND HAVE THE LEGAL CAPACITY TO ACCEPT THE CASHe PRODUCT TERMS AND CONDITIONS AND POLICIES.
I HEREBY CONFIRM THAT I AM DULY REGISTERED WITH THE CASHe WEBSITE AND ALL INFORMATION PROVIDED BY ME IN RESPECT OF ACCOUNT REGISTRATION AND AVAILING THE LOAN THROUGH CASHe IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
I CONFIRM THAT I HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS. THE LENDER IS ENTITLED TO USE THE SAID INFORMATION AS WELL AS INFORMATION FROM ANY SOCIAL, MOBILE NETWORK AND ALSO ENTITLED TO ASSIGN, TRANSFER THE LOAN (IN FULL OR PART) ALONGWITH INTEREST TO ANY OTHER COMPANY, APPROVED BY RBI.
LOAN & RISK MANAGEMENT POLICY
Bhanix Finance and Investment Limited (“Herein after referred as “Lending NBFC”, “Company”, “Lender” as applicable”) has adopted a Loan and Risk Management Policy in accordance with the guidelines issued by the Reserve Bank of India, provisions of the Companies Act 2013, Memorandum & Articles of Association and Guidelines issued under any statutory acts, rules & regulations. The Policy is in strict adherence to the Prudential Norms applicable under IRAC norms prescribed to the NBFCs.
This Policy is applicable to the present loans given and future loans which the Company may lend subject to the adoption of this policy and amendments from time to time.
Objective of the Policy:
While formulating this Policy all the principles of lending are taken in to consideration. Lending activities exposes the Company to following Risks:
While formulating the Loan Policy the utmost care is taken to minimize the above Risks. The following measures are put in place to hedge the Risks.
Loan & Risk Management Committee (“Committee”):
The Company has formed a Committee authorized to take decisions on the Loan Proposals received, set the Terms and Conditions for each type of Loan sanctioned, monitor and control/manage the Risks arising out of Financial Exposure in the Market. The committee consists of:
Limits/Exposures:
The amount which the Committee can lend should not exceed INR 5,00,000 in aggregate for a single Borrower.
Period/Tenure of Loans:
Right to Recall:
The Company reserves the right to recall the Loans either in part or in full, during the tenure of the Loan giving prior notice to the borrower and providing adequate time to the Borrower to liquidate the same.
Rate of Interest:
The Rate of Interest shall be 3%(36.50% p.a.), 8.25%(33.46% p.a.), 15% (30.42% p.a.), 22.5% (31.42% p.a.) and 24%(24.33 p.a.) of the Loan amount for the tenure of 62 days, 90 days, 180 days270 days and 180 days respectively and delayed interest shall be 3% per week (156.43% p.a.), on cumulative basis, past the Due Date. If the rate of interest to be charged exceeds the maximum permissible limit as per the Reserve Bank of India’s guidelines from time to time, the approval of the Committee will be obtained.
The Processing fee and applicable interest rate charges for loan tenures from 62 to 90 days will be deducted at source. For 180 days and 365 days loan, the applicable interest charges will be collected at source for the first three EMIs and balance interest charges will be levied across the tenure of the loan. For 270 days loan, the applicable interest charges will be collected at source for the first two EMIs and balance interest charges will be levied across the tenure of the loan.
For more details, you can read terms and conditions of Loan published in our website i.e. www.cashe.co.in.
Restructuring of Loan:
The Company may restructure the loan by modifying/altering/varying the terms and conditions of the loans disbursed. The restructuring may be for the loan amount, rate of interest, tenure, etc. in accordance with the loan policy.
Custody of the Loan and Security Documents:
All documents related to the Loan accounts offered by the Borrower shall be kept in the safe custody of the Company. The security documents, if any, is to be returned to the borrower on recovery of the full amount of loan, interest and other charges.
Loan Register:
The Company should maintain the register of all the loans made and same to be produced to the auditors for the verification at the time of audit and to the RBI officials at the time of inspection.
Brokers/Agents:
The loan Committee shall be authorized to appoint Brokers / Agents to act as introductory person / intermediary.
Exceptions:
The staff loans as per the policy of Personnel Department are not covered under this policy.
Contraction/Interpretation:
Any question or doubt as to the meaning or interpretation of any provision of this policy shall be referred to the Loan & Risk Management Committee of the Company. The decision of the majority of the members of the committee, on any such doubt shall be final and binding.
Contents
2. OBJECTIVES, SCOPE AND APPLICATION OF THE POLICY
1. PREAMBLE:
The Reserve Bank of India (RBI) has issued comprehensive ‘Know Your Customer’ (KYC) Guidelines to all Non-Banking Financial Companies (NBFCs) in the context of the recommendations made by the Financial Action Task Force (FATF) on Anti Money Laundering (AML) and Combating Financing of Terrorism (CFT). In view of the same, Bhanix Finance and Investment Limited (“Herein after referred as, “the Company” or “Bhanix”) has adopted the said KYC guidelines with suitable modifications depending on the activities undertaken by it.
The Company has formulated this KYC Policy based on RBI’s Master Direction- Know Your Customer (KYC) Direction, 2016, dated 25th February 2016, updated as on July 12, 2018.
The Company would ensure strict compliance with the Prevention of Money-Laundering (PML) Act, 2002 and the Prevention of Money-Laundering (PML) (Maintenance of Records) Rules, 2005 and RBI’s Master Direction-KYC Direction, 2016 and any subsequent amendments/ instructions issued by RBI.
The Company is a non-deposit taking NBFC and, as such, is not exposed to many of the risks which a deposit taking company is exposed to.
This policy has been approved by the Company’s Board of Directors. Any changes to the policy would need the approval of the Board of Directors. The policy would be updated as and when required.
2. OBJECTIVES, SCOPE AND APPLICATION OF THE POLICY:
a) To prevent money laundering or terrorist financing activities;
b) To enable the Company to know and understand its Customers and their financial dealings better which in turn help the Company to manage its risks prudently;
c) To put in place appropriate controls for detection and reporting of suspicious activities in accordance with applicable laws/laid down procedures;
d) To comply with applicable laws and regulatory guidelines;
e) To ensure that the concerned staff are adequately trained in KYC/AML/CFT procedures. This KYC Policy should be read in conjunction with related operational guidelines issued from time to time.
3. KEY ELEMENTS OF THE POLICY:
The Company is primarily in the business of lending to its customers who are individuals through its app “CASHe”. CASHe is a mobile app which facilitates the provision of personal loans, based on the details provided by the customer in the mobile application form, and through other modes of communication.
This Policy includes the following elements:
a) Customer Acceptance Policy (CAP)
b) Risk Management
c) Customer Identification Procedures (CIP) and Customer Due Diligence (CDD)
d) Monitoring of Transactions
e) Reliance on third party due diligence
f) Record Keeping
g) Introduction of New Technologies
h) Training Programme
i) Reporting to the Financial Intelligence Unit- India
Designated Director
The Board has nominated a Designated Director, who will ensure overall compliance with the obligations imposed under Chapter IV of the Prevention of Money Laundering Act and the Rules framed thereunder. The name, designation and address of the Designated Director has been communicated to the Financial Intelligence Unit, India (FIU-IND). It would be ensured that the Principal Officer, referred to below, would not be nominated as the Designated Director.
Principal Officer
The Board has nominated a senior officer as the Principal Officer, who would be responsible for ensuring compliance, monitoring transactions, and sharing and reporting information to the Financial Intelligence Unit (FIU-IND), as required under the law/regulations. The name, designation and address of the Principal Officer had been communicated to FIU-IND.
a) Customer Acceptance Policy (“CAP”):
The Company’s CAP lays down the criteria for acceptance of Customers. The guidelines in respect of customer relationship in the Company broadly include the following:
The Company would not enter into a transaction with any customer in the following cases:
i. where the customer has furnished an anonymous or fictitious / benami name.
ii. where the Company is unable to apply appropriate Customer Due Diligence (CDD) measures, i.e., the Company is unable to verify the identity and / or obtain required documents either due to non-cooperation of the customer or non-reliability of the documents / information furnished by the customer.
iii. where the required Customer Due Diligence (CDD) procedure is not followed.
iv. where the identity of the customer or any of its promoters or directors or partners (if the customer is a corporate entity or a firm) matches with any person or entity whose name appears in the sanction lists circulated by RBI.
v. where the customer is engaged in any business/ activity that is illegal or undesirable.
The Company would not enter into a transaction with such entities and report the matter immediately to RBI and FIU-IND.
The Company would prepare a profile for each new Customer during the credit appraisal, based on risk categorization as mentioned in this Policy. The Customer profile would contain the information relating to the Customer’s identity, social status and nature of employment or business activity. The nature and extent of due diligence will depend on the risk perceived by Company.
At the time of credit appraisal of the Customer, the details would be recorded along with the profile based on the documents provided by the Customer and verified by Company either by itself or through third party sources, subject to satisfaction of prescribed conditions. The documents collected will be as per the product norms as may be in practice. However, while preparing the Customer profile, the Company would seek only such information from the Customer which is relevant to the risk category and which is not intrusive. Any other information from the Customer would be sought separately with his/her consent and after opening the Registered Account. The Customer profile will be a confidential document and details contained therein would not be divulged for cross selling or for any other purposes.
b) Risk Management:
As per the KYC policy, for acceptance and identification, the Company’s Customers would be categorized based on perceived risk, broadly into three categories – A, B & C. Category A would include High Risk Customers, Category B would include Medium Risk Customers while Category C would include Low Risk Customers.
None of the Customers will be exempted from the Company’s KYC procedures, irrespective of the status and relationship with Company or its Promoters. The due diligence to be exercised would depend on the risk categorisation of the customers. Enhanced due diligence will be carried out in respect of customers falling in the medium and high-risk category.
The Company currently lends to salaried Indian resident. Board categorization is based on income, age profile, social loan quotient, credit bureau and other obligations of the customer. Individuals whose identities and sources of wealth can be easily identified and transactions in whose accounts by and large conform to the known profile, shall be categorized as low risk by the Company. Illustrative examples of a low-risk Customer of the Company would be salaried employees whose salary structures are well defined, people belonging to lower economic strata of the society whose accounts show small balances and low turnover, Government departments and Government owned companies, regulators and statutory bodies etc. In such cases, the Policy may require that only the basic requirements of verifying the identity and location of the Customer are to be met. Customers that are likely to pose a higher than average risk to the Company will be categorized as medium or high risk depending on Customer's background, nature, location of activity, and profile etc. The Company may apply enhanced due diligence measures based on the risk assessment, thereby requiring intensive ‘due diligence’ for higher risk customers, especially those for whom the sources of funds are not clear. Examples of customers for which Company may undertake higher due diligence is as under:
a. Employees of Trusts, charities, NGOs, and organizations receiving donations,
b. PEP;
c. PEPs of foreign origin,
e. Persons having very Low Social Loan Quotient (SLQ) i.e. SLQ Grade. (SLQ is a proprietary credit rating score developed by the Company)
c) Customer Identification Procedures (“CIP”) and Customer Due Diligence (CDD):
Customer Identification means identifying the Customer and verifying his/her identity by using reliable, independent source documents, data or information. The Company would obtain sufficient information necessary to verify the identity of each new Customer along with brief details of its employer.
The Company would obtain sufficient identification data to verify the identity of the Customer, his address/location, his employment details and also his recent photograph. The Company does not provide loan to non-individuals and hence this KYC Policy does not refer to documentation and KYC Procedures for Customers that are legal persons or entities. As and when the Social Loan would be accessible to non-individuals, applicable KYC Policy for the same would be included herein in terms of the RBI guidelines. The Company would adhere to the customer identification requirements keeping in view the applicable provisions of the PML Act and Rules and as per the directions issued by RBI in this respect. An indicative list of the nature and type of documents/information that may be relied upon for Customer Identification is given in Annexure I. The Company will formulate and implement a Customer Identification Programme to determine the true identity of its Customers keeping the above in view.
The Company would periodically update the Customer Identification Data after a transaction is entered into. The periodicity of updating of the Customer Identification data would be once in five years in case of low risk category customers and once in two years in case of high and medium risk categories.
Allotment of Unique Customer Identification Code
The Company will allot a Unique Customer Identification Code (UCIC) while entering into new relationships with individual customers, which would help the Company identify its customers, track the facilities availed, monitor financial transactions in a holistic manner and enable the Company to have a better approach for risk profiling of customers.
d) Monitoring of Transactions:
The Company shall monitor its lending activities and will pay special attention to all complex, unusually large transactions and all unusual patterns which have no apparent economic or visible lawful purpose.
The Company does not accept any deposits. Most of the Company’s loans are small term based EMI loans across all categories of borrowers. Hence the transactions with the Company will at all times be restricted to the EMI/loan repayable over the tenor of the loan. No other transactions what so ever nature other than the repayment of the loan with interest will be carried out by the Customer with the Company.
e) Reliance on third party due diligence:
For the purpose of verifying the identity of customers at the time of commencement of a relationship, the Company may, rely on customer due diligence done by a third party, subject to the following conditions:
• Necessary information of such customers’ due diligence carried out by the third party is immediately obtained by the Company.
• Copies of identification data and other relevant documentation relating to the customer due diligence requirements shall be made available from the third party upon request without delay.
• The third party is regulated, supervised or monitored for, and has measures in place for compliance with customer due diligence and record-keeping requirements in line with the requirements and obligations under the PML Act.
• The third party is not based in a country or jurisdiction assessed as high risk.
However, the ultimate responsibility for customer due diligence will be with the Company.
The Company would ensure that decision-making functions of determining compliance with KYC norms are not outsourced.
f) Record Keeping:
The Company would adhere to applicable instructions for maintenance, preservation and reporting of customer account information with reference to the provisions of the PML Act and the Rules made thereunder. The Company would
i. maintain all necessary records of transactions between the Company and the customer for at least five years from the date of transaction;
ii. preserve the records pertaining to the identification of the customers and their addresses obtained while sanctioning the loan and during the course of business relationship, for at least five years after the business relationship is ended;
iii. make available the identification records and transaction data to the competent authorities upon request;
iv. introduce a system of maintaining proper record of transactions prescribed under Rule 3 of Prevention of Money Laundering (Maintenance of Records) Rules, 2005 (PML Rules, 2005);
v. maintain all necessary information in respect of transactions prescribed under PML Rule 3 so as to permit reconstruction of individual transactions, including the following:
• the nature of the transactions;
• the amount of the transaction and the currency in which it was denominated;
• the date on which the transaction was conducted; and
• the parties to the transaction.
vi. evolve a system for proper maintenance and preservation of account information in a manner that allows data to be retrieved easily and quickly whenever required or when requested by the competent authorities;
vii. maintain records of the identity and address of their customer, and records in respect of transactions referred to in Rule 3 of the PML Rules in hard or soft format.
g) Introduction of New Technologies:
Adequate attention would be paid by Company to any money-laundering and financing of terrorism threats that may arise from new or developing technologies. The Company would ensure that appropriate KYC procedures issued from time to time are duly applied before introducing new products/services/technologies.
h) Training Programme:
The Company would put in place an adequate screening mechanism as an integral part of its recruitment/ hiring process of personnel so as to ensure that person of criminal nature/ background do not get an access to misuse the financial channel.
The Company would conduct ongoing employee training programs so that members of the staff fully understand the rationale behind the KYC Policy and ensure compliance with the same.
Training requirements would have a different focus for front line staff, compliance staff and officer/ staff dealing with new Customers. The front desk staff would be specially trained to handle issues arising from lack of customer education.
i) Reporting to Financial Intelligence Unit – India:
• The Company will furnish the required information as referred to in the PML (Maintenance of Records) Rules, 2005 to the Director, Financial Intelligence Unit-India (FIU-IND).
• In case a Suspicious Transaction Report (STR) is filed, the Company would ensure that the fact of furnishing of STR is kept strictly confidential. It would be ensured that there is no tipping off to the customer at any level.
• The Company would put in place a robust management information system, which would highlight/ throw up alerts when the transactions are inconsistent with risk categorization and when there are suspicious transactions.
• Details of accounts resembling any of the individuals/entities in lists as referred under the head “Customer Acceptance Policy” or any other UN Security Council Resolutions (UNSCRs) circulated by RBI would be reported to FIU-IND apart from advising Ministry of Home Affairs.
ANNEXURE I- Customer Identification Procedure and Documents that would be obtained from Customers, who are individuals:
The Company would obtain the information from an individual borrower, as prescribed by RBI from time to time. The documents may be uploaded by the borrower in pdf/jpg format.
1) In respect of individuals eligible for enrolment of Aadhaar, the Company would obtain
a. The Aadhaar Number;
b. The Permanent Account Number (PAN)
c. Voter’s Identity card
d. Driving License
Where an Aadhaar number has not been assigned to an individual, proof of application of enrolment for Aadhaar shall be obtained wherein the enrolment is not older than 6 months
In case Aadhaar number is not submitted, certified copy of an Officially Valid Document (OVD) containing details of identity and address and one recent photograph shall be obtained.
2) In case the identity information relating to Aadhaar or PAN does not have the current address, an OVD as defined in the RBI Master Direction and brought out in the Policy may be submitted. In case the OVD furnished by the borrower does not contain the updated address, the following documents shall be deemed as OVDs for the limited purpose of proof of address:
a. Utility bill which is not more than two months old of any service provider (electricity, telephone, post-paid mobile phone, piped gas, water bill)
b. Property or Municipal Tax receipt
c. Pension or family pension payment order (PPOs) issued to retired employees of Government Departments or PSUs, if they contain the address
d. Leave and License agreements
e. Letter of allotment of accommodation from employer issued by State Government or Central Government Departments,
statutory or regulatory bodies, PSUs, Scheduled Commercial banks, Financial Institutions and Listed Companies and Leave and License agreements with such employees allotting official accommodation
3) The Company would also obtain the bank statement of the borrower.
NOTE:
1. PAN Card shall be verified electronically from NSDL so as to ascertain correctness of PAN Number and corresponding name appearing in Income Tax data base. The said verification may be carried out by the Company itself or through an independent Agency.
2. Similarly AADHAR, Driving License & Voters ID shall be verified through Independent Agency.
3. Utility Bills and Passport will be used to verify address
4. Customer will electronically upload his selfie.
5. Bank statement will be used to verify bank account No.
All Documents uploaded should be self-certified. Additional documents may be called for, if necessary.
The Company would advise the customer to make the first payment from a Bank with whom Customer has completed all KYC requirements.
Introduction
Aeries Financial Technology Private Limited (“us”, “we”, or “Aeries” or “Company”) is the exclusive licensee in Indian Territory 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”. The CASHe application and software whether run through the internet resource www.cashe.co.in or through the CASHe mobile application or on any other media platform shall hereinafter be referred to as the “App/Application” or “CASHe”.
We value online privacy & security while browsing through the App and availing the Services available on the App. We make every effort to ensure that the information you provide will not be misused. This privacy policy (“Privacy Policy”) would apply to information we collect when you register with CASHe, or when you access or use our App, or avail the Loan and facilities on our App (collectively the “Services”). Persons using the Services are hereinafter referred to as “Users” or “you”. By accessing the App, you are accepting the terms of this Privacy Policy.
Our goal in this Privacy Policy is to be completely transparent about the data we collect, why we collect, use, share, store and protect personal information about Users. Any capitalized term used but not defined in this Privacy Policy shall have the same meaning attributed to it in our User Terms and Conditions. We encourage you to familiarize yourself with our policies and let us know if you have any further questions.
Bhanix Finance and Investment Limited (Herein after referred as “Lending NBFC”, “Company”, “Lender” as applicable), is responsible for the Loan and other facilities provided through the App. You acknowledge that Lending NBFC and not Aeries would be responsible for the contents displayed on the App, loan and other facilities offered. CASHe reserves the right in its sole discretion to remove any content or data, information or material (“User Content”) from the App from time to time.
The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
Information Collected:
To create an account on CASHe, you must provide us with the basic details and information required as part of our Customer Identification process and you agree to our User Terms and Conditions and this Privacy Policy, which governs how we treat your information. App collects basic information required to provide customized services (for example: loan offers, content, more relevant ads), including your name, mailing address, postal code, job title, family details, employer details, phone number, PAN No., employment information, salary slips, declarations, your description and details in your account, financial information such as bank account etc.
You will register with us using your Facebook or LinkedIn account or Google identity (“Third party sites”). You understand that, by creating an account or by registering through Third party sites, we and others will be able to identify you by your CASHe profile. However, we will not be liable under any circumstance for the generation of your profile or the information you provide therein. CASHe will also not be liable for the photographs and data that the Users might upload, the use and misuse thereof. We will ask for your bank account details only for the Service.
All the information that you shall provide us is voluntary, including sensitive personal information. You understand that CASHe may use certain information of yours, which has been designated as ‘sensitive personal data or information’ under the IT Rules for the purpose of providing you the services and for sharing the information only with affiliates who are subject to this Privacy Policy, as will be explained further below.
Why does CASHe require permissions for the Android app?
Data / Cookies
We may set cookies to track your use of the App. These are used to enhance your experience with our App. We use cookies to help us identify who you are, so your login experience is smooth each time. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our App. By using the app, you signify your consent to our use of cookies. Please note that if you decline or delete these cookies, some parts of the App may not work properly.
Security Information
You can access your personal identity details on our App through your login and password. We recommend that you do not share your password with anyone. In addition, your personal details are stored on a secure server that only selected personnel contractors and authorised Agencies have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your personal details are safe as it is transmitted to us.
However, you understand and accept no data transmission over the Internet can be guaranteed to be completely secure. We cannot ensure or warrant the security of any information that you transmit to us and you do so at your own risk. Data pilferage due to unauthorized hacking, virus attacks, technical is possible and we take no liabilities or responsibilities for it.
Privacy Policies of Third Party Websites
This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites/apps that may be accessible through this App have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you to review such website′s privacy policy. We are not responsible for the policies or practices of third parties.
You also permit us to retrieve your personal, public profile and friend list/ contact list from your Facebook or LinkedIn account or Google identity, in case you are using our internet resource www.cashe.co.in and your call history, phone / address book and geo location, in case you are using our CASHe mobile application.
We will share all information we collect from you, including the personal information with any third party if we in good faith believe it is required for the purposes of our compliance with any applicable law, regulation, legal process or enforceable governmental request/ action or any manner required for the purposes of protecting our rights or interests. These third party websites and advertisers or internet advertising companies working on our behalf, sometimes use technology to send or serve data that appear on our App. They automatically receive your IP address when that happens. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. Please be advised that we do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third party websites are not covered by this Privacy Policy. Therefore, we are not responsible for the information or content they may contain, nor are we responsible for the privacy practices employed therein. Please contact them directly for more information about their privacy policies. This Privacy Policy applies solely to information collected by us through CASHe.
Any personal information will be used but not limited to allow you to login to your account or to resolve specific service issues, inform you of our new services or features, or for call centre verification, or to communicate with you in relation to your use of the App. Any other information we collect will be used for-
a. Our business purposes and this may include the viewing or advertising of services or relating to any associated services;
b. Analytical purposes, data usage;
c. Improving the Application, or your user experience; and
d. Providing targeted advertisements to you.
We will share your personal information internally with those staff members who need it to carry out your instructions regarding the receipt of marketing information, Loan Processing, recovery of Loan. We will not disclose your personal information to any third party unless required to do so by law and/or covered under this Privacy Policy.
For those Users who have registered for the mailing list, their personal information is kept until we are notified that they no longer want their information stored.
Persons who supply us with their telephone numbers may receive communication from us via telephone, text message or emails, pertaining exclusively to new services or any upcoming events. If you do not wish to be on our mailing list, you can let us know of your updated preferences by either emailing us at support@cashe.co.in or choosing “unsubscribe” option.
In order to provide and improve our services and to share relevant ads with you, we use and disclose to our advertising and analytics partners non-personally identifiable information that we collect, including cookie data, some log data, and mobile data.
Our App complies fully with all the applicable and relevant laws of India.
Disclosures
We respect that you do not want your personal information to be shared with other companies at any time. However, we may require to share your Personal Information/ Sensitive Information with our affiliates, business and non-business partners including but not limited to credit information companies, where we feel that you will be assisted better for the purpose of underwriting and approval of your loan or any other financial product transaction/related transaction. We share information as described below in accordance with this privacy policy. We will keep your personal information cofidential and limit access to it to those who specfically need it to conduct their business activities, except as otherwise permitted by applicable law.
Third party advertisers;
Third party service providers: We may employ other companies and individuals, call centers, payment gateways, banks to perform functions on our behalf. Examples include delivering e-mail, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law.
Business Transfers: As we continue to develop our business, we might sell or buy business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that CASHe's, India's assets or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of App: We release personal information when we believe, release is appropriate to comply with the law; enforce or apply our User Terms and Conditions and other agreements; or protect the rights, property or safety of App, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction.
If you are no longer interested in sharing your Personal and Sensitive Information, please e-mail your request at: support@cashe.co.in. Please note that it may take about 72 business hours to process your request.
To the Government and other judicial bodies as required under the law in order to comply with the legal obligations (without the prior permission of customers).
CASHe website shall also contains links to the other websites. Customers are requested to go through the respective privacy polices disclosed under the relevant sites to familiarize themselves.
Policy Changes:
We may update this Privacy Policy to reflect changes to our information practices. You are encouraged to check this privacy policy on a regular basis to be aware of the changes made to it. Continued use of the services and access of the App shall be deemed to be your acceptance of this privacy policy.
General Matters
The Accuracy and Confidentiality of your Account Information is your Responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address.
Confidentiality and Security: We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot absolutely guarantee the protection of any information shared with us.
We make all User information accessible to our employees, agents or partners and third parties only on a need-to-know basis, and bind all such employees to strict confidentiality obligations Notwithstanding the above, We are not responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of CashE including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc. Please be aware that you can opt out of receiving service messages from us.
Contact Us:
If you have any questions or suggestions or wish to make a complaint you can contact us at support@cashe.co.in or write to us at the following address:
PRINCIPAL OFFICER-CASHe
BHANIX FINANCE AND INVESTMENT LTD
5th Floor, Paville House, Twin Towers Lane,
Off Veer Savarkar Marg, Prabhadevi,
Mumbai-400025.
Social Media (Features) and Widgets
Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.
BHANIX FINANCE AND INVESTMENT LIMITED
FAIR PRACTICES CODE
I. INTRODUCTION
The Fair Practices Code aims to provide to all those who will be associated with Bhanix Finance and Investment Limited (“Bhanix” or “the Company”) with the information about the practices that Bhanix follow in respect of the financial facilities, loans and services provided, which will facilitate its customers/borrowers to take informed decisions in respect of the financial facilities and services to be availed of by them. The Fair Practices Code will apply to any loan that Bhanix may sanction and disburse.
Bhanix has adopted the Fair Practices Code (the “FPC”) pursuant to Reserve Bank of India’s (“RBI”) Master Direction-NBFC- Non-Systemically important Non-Deposit taking Company ( Reserve Bank) Directions, 2016 dated September 1, 2016 and updated as on May 31, 2018 The Company would update the FPC to conform to the standards that may be prescribed by RBI from time to time. The Company would abide by this FPC following the spirit of the Code and applicability to its business.
The FPC has been approved by the Board of Directors of the Company and the same will be disclosed on the Company’s website.
II. KEY OBJECTIVES
III. APPLICATION FOR LOANS AND THEIR PROCESSING
IV. LOAN APPRAISAL AND TERMS & CONDITIONS
V. DISBURSEMENT OF LOANS INCLUDING CHANGES IN TERMS AND CONDITIONS
VI. RELEASE OF SECURITIES
Bhanix would release securities lying with it on repayment of all dues or on realisation of the outstanding amount of loan subject to any legitimate right or lien for any other claim that Bhanix may have against the customers/borrowers. If such right of set off is to be exercised, the customers/borrowers would be given notice about the same with full particulars about the remaining claims and the conditions under which Bhanix is entitled to retain the securities till the relevant claim is settled/paid.
VII. GENERAL
VIII. INTEREST RATE
IX. GRIEVANCES REDRESSAL
Name: Mr. Pawan Khandelwal
Designation: Compliance officer
Telephone No: 022-71774000
Email id: bhanix@cashe.co.in
Fax : 022-71774050
Address: Bhanix Finance and Investment Limited
5th Floor Paville House, Twin Towers Lane,
Off Veer Savarkar Marg., Prabhadevi,
Mumbai – 400025.
X. COMPLIANCE WITH THE FPC
An annual review of the compliance with the FPC and the functioning of the grievances redressal mechanism would be conducted. A consolidated report of such review would be submitted to the Board of Directors every year.