Terms of Use
These terms of use mandate the terms on which the users (“You” or “Your” or “User”) are permitted to access and/or use the website “www.1financep2p.com/” (hereinafter referred to as “Website”) operated and managed by 1 Finance P2P Private Limited.
1 Finance P2P Private Limited is a Company registered under the Companies Act, 2013 bearing CIN and having its Corporate office at Unit No. 1501 & 1502, 15th Floor, A-Wing, Lotus Corporate Park, Goregaon (E), Mumbai-400063, Maharashtra and it’s registered office at ‘Marwadi Financial Plaza’, Nana Mava Main Road, Rajkot- 360001, Gujarat. 1 Finance will be applying to the Reserve Bank of India (RBI) for a P2P License to carry out its NBFC P2P business within India only.
In these terms the term (“You” or “Your” or “User”) refers to all the users of the Website and the term (“1 Finance” or “Company” or “We” or “Us”) refers to 1 Finance P2P Private Limited.
Terms of Use
Please read these terms of use (“Terms”) carefully that govern your use of our Website. These Terms are a binding contract between you and 1 Finance. If you do not agree to these terms, available at https://www.1financep2p.com/terms-of-uses/, you may not use the Website. By using the Website, you are agreeing to be unconditionally bound by these terms including all amendments made hereto from time to time.
You understand and accept that 1 Finance is not responsible for the availability of continuous or uninterrupted content to You at all times or other services on third-party sites linked to the Website. Third-party providers may not be able to offer all the products or services available on the Website to you. Further, the Website or third-party sites may be suspended for business or operational reasons or withdrawn at any time.
The Website may be available in country (ies) other than India, however, our Website may not comply with the Applicable Laws of those countries (ies)
The Company urges you to read the terms of use of the respective third-party sites, before accessing or registering with any of such third-party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.
You agree that you will not use the Website in any manner or engage in any activity, that may damage, disable or impair, or adversely affect the use of the Website or interfere with any other users’ use, legal rights, or enjoyment of the Website. Further, you agree not to remove any text, copyright, or other proprietary notices contained in the content downloaded from the Website.
You expressly understand and agree to the terms of use, and privacy policy published on the Website.
Privacy
By using and visiting the Website, you also agree to the terms of our Privacy Policy.
Use and Protection of Intellectual Property Rights
Upon using the Website, you are aware and accept that all information, content, materials, and products available on the Website are protected by applicable intellectual property and other laws. In order to access the Website, you agree and acknowledge that the Website is for your personal use and all the trademarks, logos and service marks, information, and content provided on our web site including its design structure and compilation are privately owned Intellectual Property Rights of either 1 Finance and or its affiliates, agents, associates, subsidiaries and or otherwise permitted by us to advertise on our web site. Unless otherwise noted you shall not copy, download, or print documents from our website for any commercial purposes and shall not post, extract, reproduce, distribute, share, pass, transmit, display, publish, sell, or modify or remove any copyright trademark or other proprietary notices. For permission to use any materials appearing on our Website, please contact us at care@1financep2p.com
The User agrees that the user will use the Website only for lawful purposes and in accordance with these Terms and Conditions of Use. The user agrees not to:
Use the Website in any way that violates any applicable law, rules, or regulation.
Use the Website for any fraudulent purposes whatsoever;
Use the Website to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with, or market to anyone any goods, services, or business not authorized by us.
Use the Website to upload, host, or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code that could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
Use the Website in any manner that could disable, overburden, damage, interrupt, divert, intercept, redirect, interfere with, or impair the Website or interfere with any other party’s engagement with real-time functionality of the Website.
Use any device or software that interferes or attempts to interfere with the proper working of the Website.
Use any device or software that interferes or attempts to interfere with the proper working of the Website.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Use any software or artificial intelligence or machine learning algorithms or any automated systems including but not limited to robots, spiders, or any other data-mining or similar data-gathering and extraction tools to access, acquire, extract, reproduce or download information from the Website without our prior written consent.
Duplicate, copy, adapt, modify, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website (excluding any user content);
Reverse engineer, decompile, disassemble, decipher, capture screenshots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or any part thereof;
Upload to, distribute, or otherwise publish through the Website any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law.
Attack the Website including via a denial-of-service attack or a distributed denial-of-service attack.
Utilize information, content or any data you view on and/or obtain from our Website to provide any service that is competitive with us;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by 1 Finance unless you have entered into a written agreement with us;
Adapt, modify, or create derivative works based on our Website underlying our Website, or other users’ content, in whole or in part;
Limitation of Liability, Indemnity and Warranty
In no event shall 1 Finance or its directors, employees, associates, partners, or suppliers be liable to you for any loss or damage that may cause or arise from or in relation to these terms or due to the use of the Website or due to the decision made using the Website or using/availing any product or services from any third-party service provider.
You agree to indemnify 1 Finance and its directors, employees, associates, third-party partners, vendors or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Website (ii) non-observance of the duties and obligations under these terms or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
To the fullest extent permissible pursuant to applicable law, 1 Finance and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights.
Disclaimer
The Website, including any content or information contained in it or any Website-related service, is provided on an “as is” basis and without warranties of any kind, either express or implied, including, but not limited to warranties of title or non-infringement or merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the applicable laws. You expressly agree that your use of the Website is at your sole risk.
1 Finance does not warrant that your access to the Website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Access to and use of the Website and the information is at your risk and 1 Finance does not undertake any accountability for any irregularities, viruses, or damage to any computer that results from accessing, availing, or downloading of any information from the Website.
You acknowledge that all interaction, communication, dealing, or transaction between the user and the Third-party provider in respect of any products/services offered by the Third-party provider is a separate and independent transaction between the Client and the Third-party provider without any liability.
We disclaim any responsibility for any such communications, interactions, deals, or transactions between the users and the third-party providers, and we shall not be held liable for any such consequences as a result of such communication, interactions, deals, or transactions between the users and the third-party providers.
A Third-party provider’s advertised or offered product or service is not warranted, endorsed, guaranteed, or assumed responsibility by us, and we shall have no commitment or liability for any transaction between you and such party provider. If you are purchasing a product or service through these Third-party providers, you should use your best judgment and exercise caution where appropriate.
Miscellaneous:
Governing lawsFor the resolution of any disputes arising out of your use of the Services or in connection with these Terms, these Terms shall be governed, interpreted, and construed by the laws of India, without giving effect to any conflicts of law’s provisions. Notwithstanding the foregoing, you agree that (i) 1 Finance may bring any proceedings before any court or forum of competent jurisdiction, and you irrevocably consent to their jurisdiction; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.
SeverabilityIf, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Modification of Terms1 Finance reserves the right to change or modify, from time to time, any provision related to these Terms, at its sole discretion. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via the Website. Your continued use of the Website and post changes in the terms constitutes your acceptance and agreement to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Website. Your use of or access to the Website/Service(s) is further conditioned on your compliance with the most current version of these Terms being available on the Website at the time of such use.
AssignmentBy accepting these terms, you agree that we can transfer, subcontract, or otherwise deal with our rights or obligations under them at any time without further notice. It is agreed that you may not assign otherwise transfer, or subcontract any of the terms of this contract to any third party.
WaiverThe failure or delay on the part of any party to exercise, or the partial exercise of any of its rights, will not be construed as a waiver of any other right or remedy.
SurvivalAny provisions of these terms which by implication are to survive the termination of these terms shall survive such termination. Termination of the terms shall not abate the causes of action that have accrued to the Parties prior to such termination.This is an electronic record in terms of the Information Technology Act, 2000 the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000, and these do not require any physical, electronic, or digital signatures.