Terms and Conditions

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This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines and Digital Media Ethics Code) Rules, 2021 which mandates SWIPELOAN (as defined below) as an intermediary to publish the terms and conditions and other rules and regulations, for access or usage of the Platform (as defined below). This document is generated by a computer system and does not require any physical or electronic signature.
We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms and applicable Policies, at any time without any prior written notice to You. You acknowledge and accept that these Terms and Policies may be amended from time to time and such amendments will become effective and binding on You, from publication, announcement, or communication of the amendment on the Platform. Your continued use of the Platform (and its Services) after such notice confirms Your consent to and acceptance of such amendments. It is Your responsibility to review these Terms and any Platform Policies periodically for updates/changes, therefore, You are encouraged to revisit the Platform to be updated as regards any amendments.

1. Introduction
Welcome to the SWIPELOAN platform. The use of the terms ‘SWIPELOAN’, ‘We’, ‘Us’, ‘Our’ in these Terms and Conditions of Use (‘Terms’) shall refer to KGIL Fintech Solutions Private Limited, a company duly organized under the laws in India, which owns, and is engaged in the business of operating the platform, offering digital lending solutions, through its website located at www.swipeloan.in (‘Website’) and mobile application(s) under the name ‘SWIPELOAN’ (‘Application(s)’) (collectively, the ‘Platform’) whereat the User(s) (as defined below) can register an Account (as defined below) to avail Services (as defined below). 
 Any titles or headings inserted in these Terms are for convenience only and shall not affect the interpretation of the provisions of the Terms.
Users acknowledge and understand that SWIPELOAN is the sole owner of the Platform, and these Terms govern Your access and use of all facilities and services that SWIPELOAN owns, controls and makes available (as may be applicable) through SWIPELOAN’s online Platform and any other applications, tools, products, and services that SWIPELOAN may provide from time to time on the Platform (collectively, ‘Services’ as elaborated hereunder).

By visiting or accessing the Platform, registering and creating an Account (as defined below) on the Platform, using and availing the Services available on the Platform, providing any information on the Platform, and otherwise making use of the Platform, whether impliedly or expressly, You acknowledge and accept these Terms and enter into a binding contract with SWIPELOAN.

SWIPELOAN encourages and advises all Users to read and understand these Terms prior to making use of the Platform and the Services. Your use of, and access to, the Platform and Services is subject to these Terms. Any usage of the Platform or Services in any manner whatsoever shall be governed by these Terms read with the privacy policy published on the Platform (‘Privacy Policy’) or any other policy which may be published on the Platform (collectively ‘Policies’), and Users shall be subject to and bound by the same, regardless of how the Users, or anyone on the User’s behalf, has accessed or used the Platform or Services. If the User does not want to be bound by the Terms, they must not retain, access and/or use the Platform or Services in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms, may render the User liable for legal action.
For the purposes of these Terms, in addition to any words, expressions or terms expressly defined in the introduction and in the text of these Terms, any references to the following terms, words and expressions, wherever used in these Terms, unless repugnant to the meaning or context thereof, shall have the following meanings:
2. Definition
2.1 ‘Applicable Law(s)’ shall mean the applicable laws, statutes, rule, regulation, ordinance, guideline, by-law, or subordinate legislation of India as well as all amendments to the same which come into force from time to time;
2.2 ‘Platform’ shall mean and include the Website, Application(s), and/or any other digital platforms of SWIPELOAN on or through which the Services are made available by SWIPELOAN;
2.3 ‘Business Partner(s)’ shall mean any natural and legal person(s) with which SWIPELOAN has a business arrangement or collaboration with under a definitive agreement in relation to the functioning of the Platform and its Services, such as for facilitating, providing and/or delivering certain functionalities on the Platform, or features or aspects of any Services provided to User(s) on the Platform. For reference, SWIPELOAN provides Services and functionalities on the Platform through competent and qualified Business Partners, which include qualified lending partners such as registered NBFCs/Non-Banking Financial Companies (NBFCs) (“Lending Partners”) as well as credit assessment partners, payment gateway partners, billing partners, customer support partners, IVR and information technology vendors etc.
2.4 ‘Minor’ shall mean a child or person below the age of majority in the legal jurisdiction in which he/she is based, who is not eligible to create or register an Account on the Platform and/or to avail any of the Services. For avoidance of doubt, persons less than eighteen years of age in India shall comprise “Minors” for the purpose of the Policies;
2.5 “User(s)’,‘You’, ‘Your’, ‘Yourself’ shall mean an individual who is resident in India, who has signed up/registered on the Platform and/or is availing the Services provided by the Platform and/or has access to/uses the features and functionalities of the Platform and who in connection with the Platform and the Services may access or avail, share, transact, view, display, download or upload any information on the Platform and include the person(s) referred to under clause 1 above;
2.6 ‘User Information’ shall mean information relating to a User and the User’s Account, including personal information and/or other data and information elaborated in Our Privacy Policy. Subject to Our Privacy Policy, User Information may be required to be provided by User(s) to SWIPELOAN at the time of registering an Account (such as under the registration form required to be filled out by the User) and/or subsequent to the time of registration (such as at the time the User avails any Services on the Platform). Such User Information includes any User-related information for which a written request may be communicated to the User by SWIPELOAN at any time in relation to the User(s) use of the Platform. For more information regarding Our collection and processing of User Information, Users are encouraged to refer to Our Privacy Policy;
2.7 ‘Services’ refer to the services (including resources, tools, functionalities, and other facilities) which are made available to User(s) through the Platform by SWIPELOAN upon registration of an Account on the Platform by a User. These include the lending and credit facilities We offer through collaboration with our Business Partners (as further elaborated herein below) as well as any other tools, functionalities, products and services that SWIPELOAN may provide or make available on the Platform from time to time.

3.  ACCEPTANCE OF TERMS AND GENERAL CONDITIONS

 3.1 By using the Platform in any manner (such as through registering an Account, accessing the Website or Application(s) and/or using or accessing any of the Services), You declare that You have read, understood, and accepted the provisions of these Terms in full and hereby agree to comply with, and be bound by, the Terms. You hereby agree to be bound by these Terms in respect of such use of the Platform and to be liable for all activities conducted through Your Account on the Platform.  If You do not agree to the provisions of these Terms, You must not register an account, access, use the Platform in any manner such as by receiving any of the Services.

3.2 To be eligible for registration on the Platform, Users must be of legal age to form a binding contract and should not be barred from receiving Services under the laws of the applicable jurisdictions in which the User resides. By registering on the Platform, You represent that You are a person of legal age to form a binding contract and are not a person barred from receiving Services. For avoidance of doubt, Minors are not eligible to register on the Platform and avail the Services. Your agreement to these Terms shall indicate that You have the right, authority, and legal capacity to agree to the Terms and that You have read, understood, and agree to be bound by the same.

3.3 We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms and applicable Policies, at any time without any prior written notice to You. You acknowledge and accept that these Terms and Policies may be amended from time to time and such amendments will become effective and binding on You, from publication, announcement, or communication of the amendment on the Platform. Your continued use of the Platform (and its Services) after such notice confirms Your consent to and acceptance of such amendments. It is Your responsibility to review these Terms and any Platform Policies periodically for updates/changes, therefore, You are encouraged to revisit the Platform to be updated as regards any amendments.

 3.4 Feedback. Please contact SWIPELOAN by writing to us at: info@swipeloan.in in case You have any questions or doubts pertaining to Our Services and/or the Platform, or if You wish to share Your suggestions/improvements, experience, comments and requests as regards the same (collectively “Feedback”). SWIPELOAN welcomes any Feedback the User(s) might have on the Platform and Services provided, You acknowledge and accept that; the Feedback You may provide regarding SWIPELOAN, and/or the Services is entirely voluntary and SWIPELOAN will be free to use such Feedback as SWIPELOAN see fit and without any obligation to You; SWIPELOAN shall not be subject to any obligation of confidentiality in relation to any submitted Feedback; and SWIPELOAN shall not be liable in any way for any delay in responding to any Feedback forwarded by You. If You provide Feedback, You represent, warrant, and covenant to SWIPELOAN that Your Feedback does not violate the rights, including publicity, intellectual property rights, personality or any other rights, of any person and/or third party. Further, You grant SWIPELOAN a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback in any way and for any purpose without providing any compensation to You or any other person. You also grant SWIPELOAN the right to use the Credentials (as defined below) and other details You submit with the Feedback (if any) in connection with SWIPELOAN’s rights hereunder

3.5 In case You have any Grievances (as defined herein below), please contact SWIPELOAN’s Grievance Officer (as defined below) in accordance with these Terms

4. ELIGIBILITY AND USE OF SERVICES

4.1 Account Registration. To enable Your access and use of the Services available on the Platform, You are obligated to register on the Platform using Your contact details (including Your mobile number and/or e-mail address or both) (the ‘User ID’ or ‘Credentials’) by providing SWIPELOAN following the registration process of the Platform (as also elaborated herein) and providing Us with the User Information in accordance with the Policies.

4.2 Upon successful registration of a User on the Platform, the User becomes entitled to an exclusive virtual account with which the User can browse and avail the Services that may be offered or made available to the Users of the Platform by SWIPELOAN and/or through its Business Partners (the ‘Account’). You may only register and use a single Account with Us using Your Credentials and may not use or access multiple Accounts on the Platform under the same Credentials. The registration process for Users to create an Account on the Platform involves registering Credentials on the Platform and providing applicable User Information as indicated on the Platform.

4.3 Following the completion of the registration process and subject to appropriate verification process(es) undertaken by SWIPELOAN (through Our Business Partners) in its sole discretion, an acknowledgement of the activation of Your Account shall be communicated to one or more of the contact details provided by You on the Platform. You understand, acknowledge and agree that We are not obliged to verify the User Information, the identity or authority of a person using Your Account or User Credentials during such process. However, in Our sole and absolute discretion, We may during the registration process or at any time afterwards request Users for any information as We may require for verification of the identity of the User or to verify that the User is using the Platform / availing the Services in conformity with these Terms.

4.5 If We have reason to suspect that any Minor or any other User is making use of the Platform in a manner not permitted in these Terms, We reserve the right to request further information from the relevant Account User under suspicion for the purpose of verification that such User and the User’s Account is compliant with the Terms, in the manner mentioned herein at Our sole discretion. If SWIPELOAN finds that a relevant User / User Account is not in compliance with the Terms in any way, We reserve the right to take suitable action against such User in the manner mentioned herein as it may deem fit at Our sole discretion.  In case any User does not provide their accurate Credentials or User Information for accessing the Platform, such User shall be solely liable for providing such incorrect information and SWIPELOAN shall have no liability for the same.

4.5.1. Loan Application: You may submit a loan application using the processes facilitated on the Platform. As part of the same, You will be required to fill out the virtual application form(s) maintained by Us on the Platform and submit relevant User Information, including Your financial and employment information, in accordance with the Privacy Policy. By filling out such application and submitting Your User Information, You acknowledge and agree and authorize SWIPELOAN along with its Business Partners to vet and process Your application to ascertain Your eligibility for the grant of the applied-for funds (as may be applicable).

4.5.2. Eligibility Check: SWIPELOAN shall preliminarily determine Your eligibility (for availing the applied-for loan) subject to verification and authentication of Your application and User Information through conducting assessment of Your credit profile as well as through appropriate KYC and other verification processes, which shall be enabled through Our Business Partners (including Our KYC and credit assessment partners). For this purpose, SWIPELOAN may also conduct internal risk assessment and verification assessment of the User Information associated with Your profile and Account with us. You acknowledge and accept that SWIPELOAN and its Business Partners shall be entitled to accept or refuse Your loan application in their sole discretion subject to the conduct of the eligibility assessment check enabled by SWIPELOAN. Such refusal or acceptance (as the case may be) shall be communicated to one or more of the contact details provided by You on the Platform, typically within a period of 48 (forty-eight) hours from the time of submission of Your loan application on the Platform.

4.5.3. Loan Offer: If Your loan application meets the requisite eligibility criteria, a (custom) loan offer will be generated for You through Our Lending Partner(s), which SWIPELOAN will communicate to You for review and acceptance. You understand, acknowledge and agree that the loan offer You receive will depend on the eligibility assessment check/verification processes enabled by Us through Our Business Partners (in the manner mentioned herein above). Further, You understand, acknowledge and agree that You will be subject to adhere to additional specific terms and conditions in respect of any loan offer You opt to accept and avail from Our Business Partners using the Platform. For avoidance of doubt, such terms and conditions will be applicable to You in addition to these Terms and will comprise applicable terms and conditions maintained by SWIPELOAN as well as Our Lending Partners (collectively the “Loan Policies”). The Loan Policies will duly be communicated to relevant Users for review and confirmation once the User accepts the loan offer communicated subject to this clause.

4.5.4. Loan Approval: Once the User duly assents to the Loan Policies, SWIPELOAN will forward the User’s loan application to Our concerned Lending Partner which will process the same for final approval. For facilitating the loan approval process at the end of Our Lending Partners, You understand and agree that We may further review Your financial and credit information, including through Our Business Partners, to assess and ascertain that it meets all due credit worthiness and other relative parameters as may be maintained by concerned Our Lending Partner subject to their Loan Policies. Further, for the aforementioned purpose, We will also assist Our Lending Partners in facilitating KYC and credit verification of relevant Users through Our Business Partners (including our credit basement and KYC verification partners) per requirements under Applicable Law. You understand, acknowledge and agree that Your loan application may or not be finally approved and sanctioned by Our Lending Partner subject to conduct of the processes and procedures outlined in this clause. For avoidance of doubt, Our concerned Lending Partner will approve and sanction a loan in Your name only if You successfully qualify all procedural requirements. The confirmation regarding Your loan approval will thereafter be communicated to You, using one or more of the contact details provided by You on the Platform

4.5.5. Loan Disbursement and Data Transfer: Once a loan is sanctioned in Your name by Our concerned Lending Partner, You will be required to conclude an agreement (documenting the terms of the specific loan transaction as may be applicable in Your case) (the “Loan Agreement”) with the concerned Lending Partner, which will be circulated to You for review and execution. SWIPELOAN shall initiate a request to the concerned Lending Partner for disbursement of the approved loan amount (as the case may be) to User once the Loan Agreement has been executed and submitted by User. Thereafter, the Lending Partner shall process and directly disburse the relevant loan amount in the registered bank account of the User concerned. You understand, acknowledge and agree that SWIPELOAN shall not be liable in any manner whatsoever to any User for any claims or disputes arising under or in connection with the terms of the Loan Agreement. You shall be solely liable in the event any claims disputes or defaults should arise in relation to the Loan Agreement, including any breach or default in obligations documented thereunder. Further, if You opt to conclude the Loan Agreement, You acknowledge, agree and accept that certain of Your User Information (specifically Your KYC identification information) will be transferred by SWIPELOAN to the concerned Lending Partner (with which the Loan Agreement) for storage and retention in line with requirements under Applicable Law and the Policies. For more information regarding the manner and means through which SWIPELOAN discloses and safeguards Your User Information, User’s are encouraged to refer to Our Privacy Policy.

4.5.6 Loan Repayment: It is clarified that the repayment of the loan disbursed by Our Lending Partner will take place per the Lending Partner’s predefined EMI schedule subject to their Loan Policies and the Loan Agreement concluded with User. The relevant Lending Partner will follow its standard recovery process (as may be stipulated in the Loan Agreement or their Loan Policies) to recover the loan disbursed to User. With regard to repayment of such loan, the role played by SWIPELOAN shall be limited to rendering support services to the concerned Lending Partner from which You have availed a loan, such as by facilitating issuance of reminder notices to Your Account with Us and other . As part of the relevant support process, We may provide You with an option to opt in for repayment of loans through an audio-debit mechanism (facilitated by e-NACH or UPI-autopay) which will be facilitated by Our Business Partners.

4.6 User Information: Your User Information, including Your User ID, as made available to Us, is treated as Your primary identification on the Platform. It is re-iterated that it is Your responsibility to ensure that the User Information provided on the Platform is valid and remains updated at all times. SWIPELOAN is not liable for non-rendering of requested Services owing to any incorrect or invalid information that is reflected/uploaded on Your Account in any way. You acknowledge and agree that We may share User Information or any other information in Our control or possession with (i) appropriate authorities for the purpose of verification of identity or for the prevention, detection, investigation or prosecution of offences under any law for the time being or for cyber security incidents; (ii) with Business Partners and third parties for the purposes and in the manner elaborated in Our Policies, including Our Privacy Policy. Further, We may preserve such information and associated records as maybe required for evidentiary and investigation purposes for a statutorily prescribed period.

4.7 Payment: SWIPELOAN does not charge any fee for registration of an Account on the Platform. However, you may be required to make payment for and in connection with certain Services and facilities We offer on the Platform through our Business Partners. For making payment transactions on the Platform, User(s) may use any of the payment methods available on the Platform [such as net banking, payment wallets, UPI or other payment method(s) as may be applicable] provided You acknowledge and accept that the payment methods are made available on the Platform by SWIPELOAN through relevant Business Partner(s) (which facilitate the payments taking place on the Platform) and that use of such payment methods may be subject to terms and conditions of and/or processing fees imposed by the applicable Business Partner(s) in addition to SWIPELOANS’s Terms and Policies. You are solely responsible for all charges and usage associated with Your Account concerning the purchases made by You or anyone who uses Your Account. SWIPELOAN shall not be liable for any costs incurred by the User for any third-party expenses or other expenditure arising out of or in connection with any transaction on the Platform. When you provide any financial and other details on the Platform for the purpose of payment through any payment method, you represent and warrant that you are the legally authorized user of the relevant payment method and are providing current, complete, and accurate information
4.8 Refund Policy: Users are advised to review these Terms prior to making payment on the Platform. We do not allow withdrawals or cancellations of payments made to Us on the Platform and do not issue refunds except in the event of Our direct failure in rendering any Services purchased by You from Us. Should such a failure occur, you may request for refund by contacting us at [*]. We shall endeavor to promptly verify your request and determine your eligibility for a refund/withdrawal. Upon due verification and determination, we will pro-rate the charges (as may be applicable) and process the refund typically within [*] business days. You understand and acknowledge that no refunds or withdrawal will be provided by Us under any other circumstances

4.9 Third Party Software. The Platform may contain third-party API and other software that require and/or maintains additional terms and conditions (separate from the Terms and Policies). The use of such third-party software is licensed to You subject to such additional terms and conditions as may be applicable to the third-party software made available on the Platform. By accepting these Terms and making use of the Platform/Services, You hereby also accept that such additional terms and conditions will govern Your use of the third-party software incorporated in the Platform/Services. To the extent that the Platform or Services contain or provide access to any third-party software or services, We shall not have any express or implied obligations to Users, including in case of any errors in such software or services

4.10  Third-Party Links. The Platform may include external links to third-party platforms, which are not under Our control and are governed by the terms and conditions of third parties. We may provide links to relevant third-party platforms to you for your ease of reference and convenience; however, we are not responsible for the content of any third-party platforms and/or any content or links contained in the third-party platforms. You understand and acknowledge that we are not responsible for any kind of loss/damage arising out of your access to such third-party links or out of any act on such third-party platforms. Users are advised to review these Terms prior to making purchases on the Platform.

4.11 By using the Platform in any manner (such as through registering an Account, accessing the Website or Application(s), and/or using or accessing any of the Services), You represent and warrant to SWIPELOAN that You:

a. are not a Minor and are of legal age under the Applicable Law and have the legal right, capacity, and power to accept the provisions of these Terms with SWIPELOAN in accordance with the Applicable Law;

b. have read, understood, and agree at all times to abide by the provisions of these Terms as well as any other Policies published on the Platform which are binding and enforceable against You and will revisit the Website, from time to time, to review any updates and amendments to such policies, these Terms and any other Policies as may be published or updated on the Platform from time;

c. are an Indian resident,

d.violates any law for the time being in force or may give rise to any liability on the part of SWIPELOAN or causes SWIPELOAN any hindrance (in whole or in part).You are solely and entirely responsible for any activity, including any act or omission, that occurs on or through Your Account. This includes the responsibility of providing correct, valid, complete, accurate, and up-to-date User Information at the time of registering an Account and at any time required thereafter, and ensuring that the User Information is provided, maintained, and updated regularly as and when necessary, in accordance with the Terms. This further includes the responsibility to maintain control over, and security of, Your Account, such as by not disclosing Your User ID, not sharing Your Account, or allowing anyone other than Yourself to access Your Account and avail Services accessible under Your Account; and

e. are qualified to register an Account, access, and use the Platform and Services and meet all requirements under these Terms, read together with the applicable Policies published on the Platform (as may be updated from time to time).
5. USER OBLIGATIONS AND RESPONSIBILITIES

5.1 Each User acknowledges and accepts that if the relevant User provides any information that is untrue, inaccurate, not current or incomplete as part of the User Information, and/or We have reasonable grounds to suspect that any information provided by the relevant User is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We have the right, at Our sole discretion, to (i) request You to promptly update or correct such User Information; and/or (ii)  immediately and indefinitely suspend Your Account, block Your access to the Platform, terminate and/or delete Your Account and/or refuse to provide any current or future Services to You, as may be offered on the Platform. If SWIPELOAN is not satisfied with such verification or discovers any non-compliance by a User, We reserve the right to take suitable action against the User in accordance with these Terms, including but not limited to refusing the registration of an Account by such User, or cancelling such User’s Account, or taking suitable legal action under the Applicable Law, in its sole discretion. It is clarified that SWIPELOAN, at its sole discretion, will be entitled to take such necessary action (including but not limited to suspension, blocking, termination, or legal action) with or without notification to the User in the event immediate action is required under Applicable Law.

5.2 You are solely responsible for the security of Your Account and ensuring that Your Credentials are not compromised, shared with anyone, or mishandled. Any loss resulting from the unauthorized use of Your Credentials is Your responsibility alone. If you suspect that an unauthorized person has become aware of Your User Credentials, you must change Your User Credentials forthwith and immediately contact SWIPELOAN for assistance. You must notify us immediately if you suspect any unauthorized access or fraudulent activity in connection with Your Account. While You shall hold responsibility for the security of Your account, We will take all appropriate measures to assist in investigation or mitigation as We may deem necessary. You are further responsible for ensuring your compliance under the Terms or any other applicable Policies of the Platform, including maintaining the security and confidentiality of Your Account and User Information, and Your activity on the Platform, including all and any activities that take place in, or occur under, or are associated with your Account, and any consequences thereof. User(s) acknowledge and accept that the Account/Services shall not be used for any purposes that are prohibited under the Applicable Law, the Terms, or any other applicable Policies of the Platform. SWIPELOAN shall not be liable for any repercussions, legal or otherwise, including loss or damage arising from a User’s) failure to comply with the same. SWIPELOAN shall not be responsible for any unauthorized use of Your Account in any manner whatsoever.

5.3 You agree that you shall not upload or share, or otherwise transmit any information or content on the Platform and/or through use of Our Services that:

a. belongs to another person and to which the User does not have any right under the Applicable Law;

b. is false, misleading, fraudulent, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent with or contrary to the laws in force;

c. is harmful or has a detrimental effect upon children / Minors in any way;

d. infringes any patent, trademark, copyright, or other intellectual property and proprietary rights of any natural or legal person under the Applicable Law;

e. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature, or which, in respect of any business of the Indian Government, is identified as fake or false or misleading by the

f. impersonate another person or use an anonymous proxy;

g. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign nations, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to other nations;

h. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; 

i. is in the nature of gambling or any online game which is subject to prohibition under prevailing Applicable Law or order of any competent authorities in India, or is in the nature of advertisement or surrogate advertisement, or promotion of such an online game or of any online gaming platform offering such an online game

j. deceives or misleads Users regarding loan offerings, financial products, or promotes unauthorized schemes or advertisements; and/or

k. violates any law for the time being in force or may give rise to any liability on the part of SWIPELOAN or causes SWIPELOAN any hindrance (in whole or in part).

5.4 We do not publish and We do not permit Our Users to publish any unlawful information or content which is prohibited under these Terms or Policies or any law for the time being in force, including any content which is or is likely to be perceived as being harmful to interest of sovereignty and integrity of any country, security of India, friendly relations with foreign states, public order, decency or morality, amounts to contempt of court, defamation, incitement to an offence etc. We reserve the right to monitor Your Account and the Platform to ensure Your compliance with such Terms. Upon actual knowledge that any such information or content has been provided on the Platform (including in the form of Feedback), we shall have the right to promptly remove the same.  Further, in such a case and in any other case of any violation of these Terms by a User, We have the right to take appropriate action against the User (including, at Our discretion, in accordance with the law. You shall be given a reasonable and adequate opportunity to dispute the action being taken, including Our takedown/removal of content and any consequent action(s), by addressing Your requests and complaints to Our Grievance Officer in accordance with Our grievance redressal process (detailed herein below).
1.1 GENERAL DISCLAIMERS

1.1 SWIPELOAN reserves the right to add, amend, or discontinue, temporarily or permanently, any of its Services (or any part thereof) offered through the Platform or the design and functionality of the Platform, at any time, with or without notice and/or reason(s) in its sole and absolute discretion. Where feasible, SWIPELOAN shall endeavor to provide reasonable prior notice of such changes. User agrees that SWIPELOAN shall not be liable either to User or to any third party for any modification, suspension or discontinuance of any of the Services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

1.2 You acknowledge and accept that despite SWIPELOAN’s efforts, the Platform may be unavailable from time to time for any reason, including, without limitation, routine maintenance. In addition, various portions of the Platform and/or Services may operate slowly from time to time. You further acknowledge and accept that due to circumstances, within and outside the control of SWIPELOAN, access to the Platform and/or Services may be denied. may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, SWIPELOAN shall not be liable for the effects any delay or unavailability of the Platform and/or Services may have on You and/or Your Account, or for any damages arising from any such interruption, suspension, or termination of the Platform/ Services. SWIPELOAN shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect Your computer or other equipment, or any phishing, spoofing, or other attack and We advise You to make regular use of a reliable virus and malware screening and prevention software to guard against the same. 

1.3 You agree and acknowledge that the Platform and Services is licensed and/or provided hereunder on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, the implied conditions and warranties of fitness for a particular purpose to the extent permitted by the Applicable Law. Except as explicitly set forth herein, neither SWIPELOAN and its affiliates, directors, officers, employees, agents, permitted successors and assigns and authorized representatives (‘SWIPELOAN Entities’), make any warranties of any kind, either expressed or implied, including, without limitation: warranties of merchantability or fitness for a particular purpose related to the use of Platform and/or Services; or that the same accurate, error-free, reliable, uninterrupted, that defects will be corrected; or the completeness, accuracy, availability, timeliness, security or reliability of the Platform and/or Services or the functionality of thereof, or other use or consequence of the use of Platform and/or Services.

1.4 You remain solely responsible for the User Information and content that You upload on Our Platform using Your Account. The presence of Our logo or any trademark or other Intellectual Party (as defined hereinbelow) in relation to or on any content shared by You does not mean that We have endorsed or sponsored Your Content.

1.5 SWIPELOAN solely acts as a facilitator between Users and its Business Partners (including NBFCs and other Lending Partners) and is not a lending institution. All loan-related liabilities, including terms, disbursements, repayments, and recoveries, are solely between the User and the respective Lending Partner. We will not be liable for or responsible for the consequences of any transactions made or entered into by You with Our Business Partners using the Platform, including transactions arising under the Loan Agreement. SWIPELOAN is not responsible for your actions or omissions in relation to the Platform and Services. We are not responsible for services and features offered by Our Business Partners, even if you access them through the Services. Our responsibility for anything that happens on Our Platform is strictly governed by the Applicable Law and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms. To the fullest extent permitted by law, our total liability under these Terms shall not exceed the amount of fees (if any) paid by the User to SWIPELOAN in the preceding six (6) months.

1.2 SUSPENSION AND CANCELLATION OF USER ACCOUNT

2.1 SWIPELOAN reserves the right to immediately disable or terminate or cancel Your Account, or suspend Your access to the Platform and/or Services at any time, with or without notice to You, in its sole and absolute discretion, in case of Your contravention or violation of these Terms and applicable Policies; or Your illegal acts or omissions; or misuse of the Services or Platform; or to protect You and others from identity theft or other fraudulent or illegal activity under the Applicable Law, or if SWIPELOAN is unable to continue providing the Services to You due to legitimate business reasons, including any technical, operational, regulatory, or financial constraints that impact the feasibility of the Platform’s continued operations. In the event that your Account is disabled or deleted by SWIPELOAN due to a violation of the Terms, applicable Policies, and/or the Applicable Law, SWIPELOAN reserves the right to take action against you and any other remedies it may have under the Terms, Policies, and Applicable Law.
2.2  You may opt to deactivate, cancel, or terminate Your Account by submitting a deactivation request to SWIPELOAN in accordance with the Account deactivation process facilitated by SWIPELOAN on the Platform.
2.3 You acknowledge and accept that upon termination of Your Account for any reason, Your agreement with Us shall be terminated, and You shall no longer be entitled to access Your Account. You agree and acknowledge that your rights and benefits, as may be associated with Your Account on the Platform or in respect of Our Services, may be irrevocably lost upon termination of Your Account. You agree that you will release SWIPELOAN of any liability of any nature in respect to the loss of the same. You further acknowledge and accept that in the event of termination of these Terms in any manner or suspension or termination of Your access to the Platform and/or the Services, or deactivation or cancellation of Your Account, You shall remain liable for all activity conducted with or in connection with Your Account and for all amounts due/charges incurred by Your Account while it was in operation at all times. The obligations and liabilities incurred by You prior to the termination shall survive termination of Your Account and Your agreement with Us, subject to the Policies.  

3.  MARKETING AND PROMOTION

SWIPELOAN may send You promotional or marketing information from time to time, or any new Services and additional features added to the Platform, special offers for User(s), and other information which may be of interest to You. By agreeing to these Terms and by registering an Account on the Platform, You hereby give Your consent to being sent such information by SWIPELOAN, including by push notifications, post, email, telephone, text message (SMS), or automated call. If, however, you do not wish to receive such information, you opt out of receiving promotional communications at any time by updating your preferences in the ‘Notification Settings’ of Your Account or by clicking the ‘unsubscribe’ link in any promotional emails received from SWIPELOAN. For opting out of promotional SMS or calls, users may contact [*] to request opt-out. Please note that opting out of promotional communications will not affect your ability to receive important service-related notifications, such as account updates, loan status alerts, or security notifications from Us. All communications shall comply with applicable telecom and data protection regulations and other Applicable Laws. If You have registered under the Do Not Disturb (DND) list, We will ensure compliance with the applicable Telecom Regulatory Authority of India (TRAI) and National Do Not Call Registry (NDNC) guidelines.

4. INTELLECTUAL PROPERTY

4.1 Unless expressly provided or disclaimed otherwise in these Terms or any applicable Policies or under any other disclaimer published on the Platform, all material and content on the Platform including without limitation, texts, software, code, scripts, graphics, rights in get-ups, typographic typefaces, graphic user interface, photos, collages, sounds, music, audio, videos, interactive content, and the like, online databases, copyright, patents, related rights and moral rights, trademarks, trade names, product names, service marks, logos, rights in domain names, social media handles, rights in the design, rights in the information and all other or equivalent rights subsisting now or in future in any part of the world in each case, whether registered or unregistered, and all applications for the same (collectively ‘Intellectual Property’), are owned by or licensed to SWIPELOAN and are provided to You on an “as is” basis for Your information and use only for the purpose of rendering Services mentioned herein. Nothing in the Terms assigns, transfers or grants You ownership in Our Intellectual Property, and nothing in these Terms shall be deemed to confer ownership or other rights in the Intellectual Property to the User.

4.2 You shall not use any device, program, algorithm or methodology, or any manual or digital process, to access, acquire, copy or monitor any portion of the Platform or any content, such as the Intellectual Property on the Platform to which You have no rights, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any such content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Platform and/or Services, whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of these Terms, including any attempt to violate the security thereof. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Platform / Services, including any of the software comprising or in any way making up a part of the same.

4.3 All rights and interests in Intellectual Property comprised in Platform and Services are and will remain the exclusive property of SWIPELOAN and its licensors (as may be applicable). You acknowledge and agree that all worldwide rights, title, and interest in any third-party software, products, and/or services accessible on the Platform or through the Services, subject to third-party licenses, if any, are owned by such third parties. Any copying or reproduction of these materials for commercial purposes without express consent from SWIPELOAN and its licensors (as may be applicable) is prohibited. Users may access, view, and print content for personal, non-commercial use only, provided you do not modify or distribute it. Any use for which You receive any remuneration, whether monetarily or otherwise, is construed as commercial use for the purpose of this clause, and SWIPELOAN shall hold You accountable for the infringement of intellectual property rights under Applicable Law. Unauthorized use of our intellectual property may result in legal action, including monetary damages, account suspension, and reporting to regulatory authorities.

4.4 By submitting any content on the Platform, You agree and acknowledge that You grant Us a non-exclusive, worldwide, royalty-free license to use, display, modify, and distribute such content in connection with the Services, subject to the Terms.

    5. INDEMNIFICATION

5.1 To the extent permitted by the Applicable Law, SWIPELOAN shall not be liable to You for any manner of damages or losses to You, and in relation, to any person(s) or property (including special, incidental, indirect, punitive, or consequential damages or losses) including, but not limited to, lost profits or data, whether based in contract, negligence, tort, Applicable Law, arising directly or indirectly in relation to Our Terms and Policies and Our Platform and Services (and any related activities, omissions, interruptions, deletions or defects in the same including any action in connection with an investigation by SWIPELOAN or law enforcement authorities in relation to the use of the Platform and/or Services) and the Content in accordance with these Terms, even if advised of the possibility of such damages. In no event shall SWIPELOAN be held liable for damages, loss, or cause of action that exceeds the total value of the monetary amount paid by You to SWIPELOAN for access and use of the Platform and/or Services.

5.2 You agree to indemnify, defend and hold harmless SWIPELOAN from and against any claims, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) Your access to or use of the Platform and Services; (ii) any breach by You of Your obligations, representations, and/or warranties outlined in these Terms, Policies (iii) Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct or any of Your actions and omissions including Your use or attempted use of the Platform and its Services, or failure to take appropriate action where relevant while using the Services and Platform. It is clarified that your obligation to indemnify SWIPELOAN will survive termination of the Terms, Policies, and Your Account for any reason, in the manner mentioned in these Terms. You agree and acknowledge that your indemnification obligations under these Terms shall survive termination of your account for a period of 1 (one) year. 

5.3 You hereby agree and acknowledge that SWIPELOAN shall not be responsible for any actions taken by any third party using the Platform, including but not limited to actions, omissions, or conduct of such third parties (including the Business Partners and other Users), online or offline. You acknowledge and agree that any disputes, complaints, or grievances regarding the actions and omissions of such third parties and/or any other aspect of any transaction or other commercial dealings between You and such third party will be solely and entirely between You and the relevant third party.

6. DISPUTE RESOLUTION

The courts of competent jurisdiction at Pune, India (‘Court(s)’) shall have exclusive jurisdiction to determine any and all matter(s), claim(s) or dispute(s), whether contractual or non-contractual arising out of, or in connection with, the Terms, Policies, the Platform, and Services provided by Us (‘Dispute(s)’). All Disputes shall be governed and construed by the Courts in accordance with the Applicable Law and any order, decree, direction, or award of the Courts shall be final and binding in relation to any Dispute concerning SWIPELOAN. Any dispute that may arise between You and any third party arising from Your use of the Game and Services shall be only between You and the third party, and You release SWIPELOAN and SWIPELOAN Entities from any such claims and damages connected with such disputes. Nothing contained in these terms shall prevent SWIPELOAN from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our interest prior to, during, or following the filing of any proceedings. The pursuit of equitable or injunctive relief shall not constitute a waiver on our part to pursue any remedy for monetary damages through the arbitration described herein. You consent to the exclusive jurisdiction of the Courts and waive any objection as to an inconvenient forum.

7. GENERAL

7.1 The Terms read along with applicable Policies (including the Privacy Policy) constitute the entire agreement between You and SWIPELOAN in respect of the subject matter herein and supersedes all previous written or oral representations, agreements, and understandings between You and SWIPELOAN, whether expressed or implied, with respect to such subject matter. 

7.2 Each of the provisions of the Terms is severable. If any provision of this Agreement (or part of a provision) is found by a governmental authority or court to be invalid, unenforceable, or illegal, that provision will be enforced to the maximum extent permissible under by the Applicable Law and the other provisions of the Terms will remain in full force and effect. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted or modified, the provision will apply with whatever modification is necessary to give effect to the intention of the provisions in these Terms.

7.3 You shall not, without the prior written consent of SWIPELOAN, assign the provisions of these Terms, in whole or in part, either voluntarily or by operation of Applicable Law, and any attempt to do so will be a material default of these Terms and such assignment will be void. SWIPELOAN may assign the provisions of these Terms in part or in their entirety, including Our rights, interests, and obligations hereunder, without notice to You or Your consent. The provisions of these Terms are solely for the benefit of You and SWIPELOAN, SWIPELOAN’s successors and permitted assigns, and do not confer any rights or remedies on any other person or entity.

7.4 No failure or delay by SWIPELOAN in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power, or remedy. Without limiting the foregoing, no waiver by SWIPELOAN of any breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of that or any other provision of this Agreement. If We fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending Your Account, such failure to enforce Our rights will not be a waiver by Us.

7.5 SWIPELOAN shall not be liable for damages for any delay or failure to perform its obligations hereunder, if such delay or failure is due to causes which are unforeseen or beyond its control, including, without limitation, internet attacks, emergencies, internet unavailability, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. etc.  The time for performance of such obligations of SWIPELOAN will be extended for the period of the delay or failure to perform due to such occurrence.

7.6 Any provisions in the Terms or Policies which are expressly referred to as surviving or intended to survive by their nature will survive the termination of Your Account and relationship with SWIPELOAN for any reason.

7.8 You shall be responsible for payment of all fees/costs/charges associated with availing of Services from Us, and You agree to bear any and all applicable taxes, including but not limited to applicable duties, cess, etc. You agree to provide such further information, documents or instruments, and take such further actions, reasonably requested by SWIPELOAN, to effect the purposes of these Terms and carry out its provisions.

8. GRIEVANCE REDRESSAL

8.1 If any User or aggrieved person (including persons acting on their behalf) has any complaint or grievance in respect of any Services provided on the Platform or any breach of Our Terms, Privacy Policy or any other policy (‘Grievance’) the same can further be addressed to Our designated grievance officer, the name and contact details of whom are published on Our Platform (‘Grievance Officer’) viz. 

Name: Mr. Prashant Bhosale

E-mail Address: grievance@swipeloan.in

8.2 You can also address any communication in writing to us at our office located at the following address: 1205, Gera’s Imperium Hinjewadi, Phase-2, Pune-411057.

6.3 Our Grievance Officer is the nodal contact to receive and acknowledge all complaints as well as receive and acknowledge any order, notice, or direction of a court, the government, or its agency. You will receive an acknowledgement e-mail within 24 (twenty-four) hours upon receipt of Your Grievance by Our Grievance Officer. Our Grievance Officer shall dispose of such complaint within a period of 15 (fifteen) days from the date of its receipt, provided that the Grievance Officer may request the complainant to furnish additional information for evidentiary and investigative purposes during this time. 

8.4 Any Feedback and/or Grievance shall be deemed to be non-compensatory in nature. We reserve the right, in our sole discretion, to use such information in any manner as may be deemed appropriate by Us in accordance with Applicable Law, and such use shall be entirely unrestricted. You represent and warrant that while sharing any Feedback or Grievance for the Platforms, You shall not use any offensive, libelous, derogatory, hateful, or racially or ethnically objectionable language in respect of such Feedback and/or Grievance, and that any Feedback/Grievance will be shared by You in accordance with these Terms and the Applicable Law.