Terms & Conditions

These terms of use (“Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access the website [●] and any mobile application or digital interface through which the Loan Products are offered by Angel Fincap Private Limited to the Users, (collectively, the “Platform”).

The Platform may be operated and managed by Angel Fincap Private Limited (“Company” or “We” or “Us” or “Our”), a Non-Banking Financial Company registered with the Reserve Bank of India, holding registration number [●], and having its registered office at 601, 6th Floor, Ackruti Star, Central Road, MIDC, Andheri East, Mumbai City, Mumbai, Maharashtra, India, 400093, or by an authorised third party on our behalf.

The Terms are an electronic record in terms of the Information Technology Act, 2000, and rules made thereunder as applicable. The Terms are (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and (ii) generated by a computer system and do not require any physical, electronic, or digital signatures.

The Company offers loan products, including but not limited to loans against securities, loans against mutual funds, and other such facilities as offered from time to time (“Loan Products”). Please read the Terms and Privacy Policy carefully before accessing any material or information through the Platform. By accessing the Platform, or any pages thereof, and / or using the information provided on the Platform, You accept these Terms and Privacy Policy and agree to be legally bound by the same.

The Company retains an unconditional right to modify or amend these Terms without notifying You of the same. You can determine when these Terms were last modified by referring to the “Last updated” legend above. It shall be Your responsibility to check this Terms periodically for changes. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.

These Terms are not intended in any way to alter or limit the terms and conditions of any other contractual arrangement you may have with Us. These Terms shall not override the provisions of any specific loan documentation that may be executed between You and the Company, or any documents executed pursuant to the directives of the RBI, SEBI or any of the exchanges. In the event of any conflict between these Terms and the terms contained in the specific agreement executed between the Company and the User, the terms of such agreement shall prevail over the terms contained herein.

1. Eligibility to Use

1. The Company’s services are not available to minors i.e., persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You hereby represent that You are of legal age to form a binding contract, are not a person barred from utilising the services of the Company under the applicable laws and are competent to enter into a binding contract.

2. We maintain the right to provide services to only those Users who are – a) competent to enter into legally binding contracts, b) have made the representations as provided above, c) and also qualify under the internal policies for the same determined solely by Us from time to time. We shall have the sole right to change, modify, add, or remove, in whole or in part, internal policies, in relation to the provision of the services at any time.

3. The information available on the Platform is not intended to provide professional advice. Persons accessing the Platform should obtain appropriate professional advice wherever required.

4. If a User violates any of these Terms, the Company may prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice.

2. Use of Platform

1. In order to apply for and avail the Loan Products, You may be required to create a user account (“Account”). Account creation shall be subject to completion of applicable onboarding, KYC, and verification requirements as prescribed by the Company in accordance with the applicable law.

2. Subject to compliance with the Terms, the Company hereby grants You a non-exclusive, non-transferable and revocable license to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.

3. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

4. Further, You undertake not tohost, display, upload, modify, publish, transmit, store, update or share any information that:

    4.1 . belongs to another person and to which the User does not have any right;

    4.2 . is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

    4.3 . is harmful to child;

    4.4 . infringes any patent, trademark, copyright, or other proprietary rights;

    4.5 . violates any law for the time being in force;

    4.6 . deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

    4.7 . impersonates another person;

    4.8 . threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

    4.9 . contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;

    4.10 . is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;

    4.11 . disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;

    4.12 . violate the Terms contained herein or elsewhere and/or the Privacy Policy; and

    4.13 . reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

5. Your access of any Content available on the Platform is subject to the following conditions:

    5.1 . You may access the Content solely for personal or informational purposes or for availing services in respect of the Loan Products, in accordance with the Terms;

    5.2 .You may not modify or alter the Content available on the Platform;

    5.3 .You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and

    5.4 . You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

3. Loan Products

1. The Loan Products offered by the Company are subject to such terms and conditions as applicable to such Loan Products as may be notified by the Company and such Loan Products may be withdrawn or amended at any time without notice.

2. All rates, charges and fees quoted / stated for various Loan Products and interest rates are cited as examples of rates which may be in effect from time to time and are purely indicative rates only and are subject to change at any time at the sole discretion of the Company and are subject to applicable laws. These charges, fees and rates are subject to change depending upon the individual assessment made by the Company of Your credit profile and other information and documents shared by You at the time of availing the Loan Product(s). The Loan Product(s) availed by You from the Company shall be governed by the respective loan agreement, the Key Facts Statement (KFS) and such other documents shared with you at the time of approval / disbursement of the loan.

3. You can apply for the Loan Products offered by the Company through the website or mobile application of Angel One Limited or such other lending service partners, as notified by the Company from time to time (“Digital Lending Partners”) (we will make a list of our Digital Lending Partners, along with links to their digital lending applications available on website once applicable here).

4. In the event that You apply for availing a Loan Product through any of our Digital Lending Partners, the Company does not provide any guarantee on whether Loan Product will be granted to You. On receipt of an application to avail a Loan Product from You, the decision on whether the Loan Product will be provided to You solely vests with the Company. Your eligibility for a Loan Product is checked against the Company’s internal policies, Your credit profile and other relevant information provided by You. Accordingly, the Company may accept or reject a User’s loan application at its sole discretion without any obligation to clarify the reasons for its decision.

4. Intellectual Property Rights

1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without Our prior written permission. If You would like to request permission in respect of any particular Content, You can contact Us in the manner provided for herein.

2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks.

5. IP Infringement

1. If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at [ ●]. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

    1.1 . the intellectual property that You believe is being infringed;

    1.2 . the item that You think is infringing and include sufficient information about where the material is located on the Platform;

    1.3 . a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

    1.4 . Your contact details, such as Your address, telephone number, and/or email;

    1.5 . a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

    1.6 . Your physical or electronic signature.

7. Disclaimer of Warranties & Liability

1. You expressly understand and agree that, to the maximum extent permitted by applicable law:

    1.1 . The Company makes no warranty that (a) the Platform will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; and (b) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.

    1.2 . Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information on the Platform. You shall ensure to read the terms of the loan agreement, key facts statement and such other documents shared with you at the time of the loan being approved / disbursed.

    1.3 . The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

    1.4 . These Terms are intended for Users within the territory of India and govern Your rights as per applicable law within the territory of India. However, in the event You fall under a jurisdiction outside the purview of Indian law, We will not be liable for any claim, action and/or right initiated/exercised by You as per the extant laws of that jurisdiction. Therefore, We request You to kindly use the Platform accordingly.

8. Indemnification and Limitation of Liability

1. You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

2. In no event shall the Company and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.

3. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

9. Violation of the Terms

1. You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

10. Suspension and Termination

1. The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, your only recourse is to stop accessing the Platform.

2. The Company may delist You or block Your future access to the Platform if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.

3. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transaction details, if any, may be preserved by the Company for purposes of tax or regulatory compliance.

4. In case You or the Company terminate Your use of the Platform, You shall be liable to fulfil your obligations under the loan agreement and other such documents as may be applicable in respect of the loan products availed by you.

11. Governing Law and Jurisdiction

1. These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Mumbai, Maharashtra, India.

12. Report Abuse

1. In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id:

13. Communications

1. You hereby expressly agree to receive communications by way of calls (including using pre-recorded messages or artificial voice), SMS, emails and/or WhatsApp from the Company and other third parties duly authorized by the Company. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and are true, accurate, current and complete. You can unsubscribe or opt-out from receiving communications through calls, SMS, e-mail, and WhatsApp anytime by writing to Us at [●]. In which case, the Company will only send You communications solely required for the purposes of the Loan Products availed by You.

14. Grievance Redressal Mechanism

1. In order to address any questions or grievances that You may have regarding the use of the Platform or the Loan Products, please refer to Our detailed grievance redressal policy. If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Loan Products, You can also directly contact the nodal grievance redressal officer of the Company, namely, [●], at [●].

2. By lodging a complaint or grievance, You agree to provide complete support to the nodal grievance redressal officer and such reasonable information as may be sought by them from You.

3. In case You are not satisfied with resolution provided by the Company or Your concerns were not resolved even after following the steps provided in the Company’s grievance redressal policy, You may submit your grievance at through RBI’s Complaint Management System (available at https://cms.rbi.org.in/) or RBI’s Sachet Portal (available at https://sachet.rbi.org.in/).

15. General Provisions

1. Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform.

2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.

3. Severability: If, 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 so as 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.

4. Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.