1. DEFINITIONS
a) Bhala Finance Pvt. Ltd herein refers to "BFPL/COMPANY" is an NBFC registered with the RBI and having its Registered Office at: 406-B, Man Upasna Plaza, Sadar Patel Marg, C-Scheme, Jaipur - 302001
b) "USER" refers to any individual, legal entity or representative who uses SERVICES of BFPL.
c) "SITE" refers to websites, mobile websites, physical application forms or other such media through which USER interacts with SERVICES of BFPL and which are owned and maintained by BFPL.
d) "SERVICES" refers to all the services and products provided by BFPL to the USER including but not limited to loan, loan application and their related services, which may be online or offline.
f) "TECHNICAL PROBLEMS" include any problems and difficulties arising due to power and electricity failure, computer errors, virus related problems, programming errors, software or hardware errors, computer breakdown, non-availability of internet connection, communication problems, shutting down of the BFPL's server, non-availability of links, corruption of the system software, problems in other Utility Companies extending support to COMPANY, breakdown of infrastructure and telecommunication network, problems in any other connected telecommunication network and any other technology related problems.
In this document, all references to the USER being referred in masculine gender shall be deemed to include the feminine gender. All terms defined above in uppercase will bear meaning given above. Any other terms not defined above will have general english meaning.
2. APPLICABILITY
These Terms and Conditions form the contract between the USER and BFPL for availing SERVICES. By accessing and using website or mobile website the USER acknowledges and accepts all terms of this agreement. The agreement shall remain effective unless terminated by BFPL or the account is closed and consent is withdrawn specifically by USER and confirmed by BFPL, whichever is earlier. BFPL shall be entitled at its sole discretion to update or amend the contents of the SITE at any time.
3. SERVICE DELIVERY
For the purpose of availing SERVICES, the USER would need to have legal and valid access to the internet.
The USER cannot claim the SERVICES as a matter of right. BFPL reserves the right to refuse/withdraw the facility provided to the USER without assigning any reasons. BFPL at its sole discretion may also make additions/deletions to the SERVICES. BFPL has the right to determine and vary from time to time without prior intimation, the scope and type of SERVICES to be made available including, expanding, modifying or reducing the SERVICES at any time and prescribing and changing the normal service hours during which the SERVICES are available and any daily cut-off time for any type of SERVICES.
BFPL may advise from time to time the software such as browsers but there will be no obligation on BFPL to support all the versions of this software. The USER shall be solely responsible for upgrading software, hardware and the operating system at their own cost and from time to time so as to be compatible to avail the SERVICES. BFPL shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time.
The USER unconditionally consents to BFPL for communicating via SMS, phone, internet-based messaging applications like WhatsApp, voice call, email or any other mode of communication, electronic or otherwise.
The USER can contact our customer representative cell through e-mail/telephone calls/ SMS / WhatsApp messages or other mode of communication for clarifying any of their queries. By accepting these Terms & Conditions, it will be considered that USER has given his consent to recording of any tele-conversation between USER and BFPL.
BFPL may keep the records of any USER actions or events or transactions made in any form. In the event of any dispute, BFPL records shall be binding on the USER as a conclusive evidence of the actions or events or transactions carried out by him through SERVICES.
4. UNAUTHORISED ACCESS
The USER shall take all necessary precautions to prevent unauthorized and illegal use of internet and COMPANY SERVICES. USER agrees not to a) impersonate an employee or representative of the COMPANY, and/or b) misrepresent identity or affiliation with a person or entity, and/or c) send unsolicited and unauthorized communication, and/or d) attempt to gain access to any portion of the SITE or any SERVICES not offered to the USER, and/or e) attempt to interfere with proper working of the SITE or restrict or inhibit any other USER from using the SITE.
5. INTERNET ACCESS
The USER will be responsible for all transactions done through the internet using his mobile number/loan agreement number and such transactions will be considered as transactions originated by the USER and will be binding on the USER.
The USER agrees and acknowledges that BFPL shall in no way be held responsible or liable if the USER incurs any loss as a result of information being disclosed by BFPL regarding his Account(s) and the USER shall fully indemnify and hold BFPL harmless and free from any liabilities in respect of the same.
6. ACCOUNT SERVICES
The contents of the SITE, either wholly or partially, cannot be printed, distributed, transmitted, modified, displayed or otherwise reproduced without the prior written permission of BFPL.
The COMPANY at its discretion can levy penal charges accordingly for every breach of Terms and Conditions. If the account is overdrawn inadvertently or due to TECHNICAL PROBLEMS, the USER will be obliged to reimburse the overdrawn amount and pay the interest and other charges on the overdrawn amount as decided by BFPL.
BFPL under no circumstances shall be held liable to the USER if the SERVICES are not available in the desired manner for reasons including but not limited to TECHNICAL PROBLEMS, natural calamities, flood, browser incompatibility, failure in telecommunication network or any other reason
7. CHARGES
The SERVICES may be offered free of cost initially. BFPL reserves the right to prescribe fee/charges for the SERVICES after intimating to the USER through the SITE or any other mode. The USER will have the option to continue availing the SERVICES paying the prescribed fee/charges, if applicable or to discontinue the same.
The USER shall be liable to pay all charges, fees, interest, costs wherever applicable, which BFPL in its absolute discretion may levy with respect to any of the SERVICES and the same may be recovered by BFPL by a debit to the USER account/s.
8. ACCURACY OF INFORMATION
The USER is responsible for the correctness of information supplied to BFPL through the use of SERVICES or through any means such as electronic mail or written communication or phone conversation with customer representative(s). A VERIFICATION CODE may be sent to the registered mobile number and/or email. BFPL shall accept no liability for the consequences arising out of erroneous information supplied by the USER. If the USER suspects that there is an error in the information supplied to BFPL by him, he shall communicate to the COMPANY at the earliest. BFPL will endeavour to correct the error wherever possible on a "best efforts" basis
9. LIABILITY OF THE USER AND THE COMPANY:
A. The USER shall be liable for losses accrued due to unauthorized transactions or actions in the account(s) if he has breached the Terms and Conditions, and/or contributed, and/or caused the loss by negligent actions such as the following but not limited to:
B. Not informing BFPL within a reasonable time about unauthorized access to or erroneous transactions in the account(s) through the SERVICES.
BFPL shall not be liable for any unauthorized transactions or actions which occur through the internet and the USER hereby fully indemnifies and holds BFPL harmless against any action, suit, proceeding, inquiry, investigation initiated against it or any loss, cost or damage incurred by it as a result thereof.
BFPL shall not be liable to the USER for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the USER, if access to SERVICES is not available in the desired manner for reasons including but not limited to TECHNICAL PROBLEMS, natural calamity, floods, fire and other natural disasters, faults in the telecommunication network or internet or network failure, software or hardware error or any other reason(s) beyond the control of BFPL.
BFPL shall endeavour to take all possible steps to maintain secrecy and confidentiality of its USER's account(s) but shall not be liable to the USER for any damages whatsoever caused on account of breach of secrecy/confidentiality due to hacking and/or technological lapses in the system beyond the control of BFPL.
10. INDEMNIFICATION
The USER shall indemnify and keep fully indemnified, hold harmless and defend BFPL or its affiliates, principles, their directors and employees, from and against any/or all third party claims, demands, action suits, proceedings, judgements, orders, damages, costs, losses, interests, charges, liabilities, penalties, taxes imposed and expenses (including reasonable attorney's fees and disbursements) of any nature whatsoever, which may arise due to or by reason of
a) USER making, committing, causing or permitting to be made or committing any default or breach in respect of or no-observance or non-compliance with any of the provisions of this agreement; and/or b) any representations or warranties or covenants made by USER being false or incorrect; and/or
c) any wrongful, negligent, fraudulent, criminal act or concealment and/or violation of any Applicable Law(s) committed by USER; and/or
d) breach of any provision relating to protection and non-disclosure of confidential information and/or
e) any immoral/unethical/illegal/unlawful means employed by USER or breach of any clause of this agreement.
The USER acknowledges that the foregoing indemnities shall survive the termination of this agreement.
11. USAGE AND DISCLOSURE OF PERSONAL INFORMATION COLLECTED
The USER agrees that BFPL and/or its agents/associates/contractors may hold and process his personal information in connection with SERVICES as well as for statistical analysis, credit worthiness, credit scoring, product pricing and other business decisions. The USER also agrees that BFPL may disclose, in strict confidence, to other institutions, such personal information as may be reasonably necessary for reasons inclusive of, but not limited to, the following:
A. For participation in any telecommunication, electronic clearing network.
a) In compliance with a legal directive.
b) For fraud prevention purposes.
B. For obtaining credit report from government mandated credit bureaus.
C. For obtaining consumer report, account statement or usage report from finance institutions or third-party entities.
12. PROPRIETARY RIGHTS
The USER acknowledges that the COMPANY software using the internet as well as other related software, which are required for accessing SERVICES, is the legal property of BFPL or a related vendor or agent.
The permission given by BFPL to access SERVICES shall not convey any proprietary or ownership rights in the above software. The USER shall not attempt to modify, translate, disassemble, recompile or reverse engineer the software supporting or providing underlying SERVICES or create any derivative product based on the software.
13. AMENDMENT OF TERMS AND CONDITIONS
The COMPANY has the absolute discretion to amend or supplement any of the Terms and conditions at any time and will endeavour to give prior notice of reasonable time for such changes wherever feasible and/or publish the same in the SITE of BFPL. Any such notice published in the SITE shall be construed as reasonable notice to the USER and binding on them. BFPL may introduce new SERVICES from time to time. By using these new SERVICES, the USER agrees to be bound by the Terms and Conditions stipulated by BFPL from time to time.
14. WITHDRAWL OF CONSENT
USER may withdraw consent to this Agreement by contacting customer care of BFPL by mailing the COMPANY at the address provided in section 16 of this Terms and Conditions or by any other media provided by BFPL. The withdrawal of consent shall be effective only after BFPL has a reasonable period of time to process the withdrawal request and USER is not a customer of any of BFPL's SERVICES. If USER withdraws consent to this Agreement, he will not be able to use SERVICES of the COMPANY.
15. NON-TRANSFERABILITY
The grant of SERVICES to a USER is not transferable under any circumstance and shall be used strictly by the USER.
16. NOTICES
Notices under these Terms and Conditions may be given by BFPL and the USER electronically to the mailbox of both party and such notices will be regarded as being in writing or by delivering the written notices by hand or by sending them by post to the USER address as per our records and in case of BFPL to the address mentioned below:
BHALA FINANCE PVT. LTD.
Regd. Office: 406-B, Man Upasna Plaza, Sadar Patel Marg, C-Scheme, Jaipur - 302001
Email: info@bhalafinance.com
17. GOVERNING LAWS
By accepting these Terms and Conditions, the USER expressly consents and submits to the laws of Republic of India and to be governed by the exclusive jurisdiction of the courts in Jaipur, India only, giving such courts the exclusive power and authority to hear and determine any dispute between the parties of this agreement.
BFPL accepts no liability whatsoever, direct or indirect, for non- compliance with the laws of any country other than India. The mere fact that a USER from a country other than India can access SITE shall not be interpreted to imply that the laws of the said country govern these Terms and Conditions and/or the operations in the accounts of the USER through internet and/or the use of SERVICES.
The USER agrees to abide by prevailing laws in respect of internet applicable in India. It shall be the responsibility of the USER to comply with any regulations prevailing in the country from where he is accessing the internet.
18. GENERAL
The clause headings in this document are only for convenience and do not affect the meaning of the relative clause. The USER shall not assign this agreement to anybody else. BFPL may subcontract and employ agents to carry out any of its obligations under this contract.
19. REFUND POLICY
Please note that no refund shall be processed in case there are any other outstanding dues under the loan facilities or guarantee availed or given by the customer from or to BFPL.