This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
???Borrower??? shall mean a proprietorship concern, partnership firm, limited liability partnership and an incorporated company which is willing to borrow, using the Website and is registered as a ???borrower??? on the Website.
???Force Majeure Event??? shall mean any event that is beyond the reasonable control of QuickCapitals and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of QuickCapitals and which QuickCapitals is not able to overcome.
- MEMBERSHIP ELIGIBILITY
- ACCEPTANCE OF TERMS AND CONDITIONS
We, at QuickCapitals provide an independent online service which facilitates your access to loans and related financial services and other products or services provided by our partner financial institutions whilst using this Website. We receive a fee and/or commission from the partners when you use our service to purchase products or services from them.
By making use of this Website and furnishing your personal/contact details, you hereby agree that you are interested in availing and purchasing the services that you have selected. You hereby agree that QuickCapitals/ QuickCapitals??? partner financial institutions may contact you either electronically or through phone, to understand your interest in the selected products and services and to fulfill your demand. You also agree that QuickCapitals reserves the right to make your details available to any of our authorized members/ agents or partners and you may be contacted by them for information and for sales through email, telephone and/or text message. You agree to receive promotional materials and/or special offers from QuickCapitals through email or text message. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Website, we suggest that you seek independent professional advice before you obtain any product or service via this Website.
As a User of this Website you have agreed to the Terms & Conditions that QuickCapitals has provided hereunder or anywhere else in this Website, including but not limited to disclaimers on this Website. You are advised to read and understand the said Terms & Conditions and in case you do not wish to agree to these Terms & Conditions, please do not use the Website.
- BORROWER’S ACCOUNT
- The Website allows very limited and restricted access to the Services for unregistered users.
- In order for a Borrower to avail the Services from QuickCapitals through the Website, the Borrower is required to create an account on the Website (???Account???) and provide QuickCapitals with certain user information/documentation for verification, which shall include your name, phone number, your address, your date of birth, your e-mail address, your gender, your financial information such as bank account, bank account statement or credit card or debit card or other payment details, your permanent account number, details of your income tax returns.
- In addition to the above, QuickCapitals reserves the right to request the Borrower to provide such other information/documentation as it may deem fit.
- While registering with the Website to avail the Services, the Borrower shall not:
- create any Account for anyone other than the Borrower, unless such person’s prior written permission has been obtained;
- use an Account that is the name of another person with the intent to impersonate that person;
- use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
- create more than one Account on the Website.
- Borrower Obligations
- The Borrower will be responsible for maintaining the confidentiality of the login credentials and the Account information, and shall be fully responsible for all activities that occur under the Account. The Borrower agrees to, (i) immediately notify QuickCapitals of any unauthorised use of the Account information or any other breach of security; and (ii) ensure that the Borrower exits from the Account at the end of each session. QuickCapitals cannot and will not be liable for any loss or damage arising from the Borrower???s failure to comply with this Clause. The Borrower may be held liable for losses incurred by QuickCapitals or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of the Borrower???s failure in keeping the Account information confidential.
- The Borrower shall ensure that the Account information provided by the Borrower in the Website???s registration form is complete, accurate and up-to-date. Use of another Borrower???s account information for availing the Services of the Website is expressly prohibited.
- The Borrower agrees that if the Borrower provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if QuickCapitals has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, QuickCapitals shall have the right to indefinitely suspend or terminate or block access to the Account on the Website and refuse to provide the Borrower with access to the Website.
- USE OF WEBSITE
The Borrower agrees, undertakes and covenants that, during the use of the Website, the Borrower shall not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person or entity and to which the Borrower does not have any right.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- Is misleading in any way.
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
- Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other Borrowers.
- Interferes with another Borrower’s use and enjoyment of the Website.
- Refers to any website or URL that, in FlexiLoan???s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
- MONITORING OF WEBSITE AND MEMBER???S ACCOUNT
QuickCapitals has the right and liberty to monitor the content of the Website at all times which shall include information provided in your account. The monitoring of the Website is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein QuickCapitals shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being.
- LICENSE AND SITE ACCESS
QuickCapitals grants you a limited license to access and make personal use of the Site. This license does not include any downloading (other than page caching) or modifying it, or any portion of it (except with express written consent of QuickCapitals); unauthorized hypertext links to the Site and the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose an unreasonable or disproportionately large load on QuickCapitals??? infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of QuickCapitals and / or its affiliates, as may be applicable. The member may not bypass any measures used by QuickCapitals to prevent or restrict access to the Site. Any unauthorized use by them shall terminate the permission or license granted to you by QuickCapitals. By using this Site and by accepting to agree to these Terms & Conditions they also agree that they shall not hack or otherwise hire some third party to hack the Site or use any other unauthorized means without a written consent of QuickCapitals and access any third-party information. The members shall in such an event be liable of a criminal offence and QuickCapitals shall institute appropriate legal proceedings to claim damages
- QuickCapitals may allow members to post their review and experience of using the Website and the Services (“Reviews“) in order to improve the Website, the Services and the user experience.
- User, being the originator of the Reviews, are responsible for the Reviews that they upload, post, publish, transmit or otherwise make available on the Website. Members represent that all such Reviews will be in accordance with applicable law. They acknowledge that QuickCapitals does not endorse any Reviews on the Website and is not responsible or liable for any Reviews. QuickCapitals reserves the right to disable access to the Reviews on the Website.
- User hereby grant QuickCapitals a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by QuickCapitals in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by QuickCapitals.
- Users further represent and warrant that while posting any Reviews on the Website they shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, they shall not post any content on the Website that is obscene, pornographic, constitutes an ???indecent representation of women??? as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
- ADVERTISERS / LINKS TO THIRD-PARTIE’S WEBSITE
The Website may contain links and interactive functionality interacting with the websites of third parties. QuickCapitals is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, QuickCapitals strongly recommends that the Borrower reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
- QuickCapitals, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Website at any time for any reason including termination for breach of any of these Terms.
- None of the Borrower???s content shall remain accessible on the Website upon termination. This information cannot be recovered by the Borrower, once the account is terminated.
- The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
- DISCLAIMER OF WARRANTIES
The website and all information, content, materials and services included on or otherwise made available to the borrower through the website (collectively, the “contents“) are provided by QuickCapitals on an “as is,” “as available” basis, without representations or warranties of any kind. QuickCapitals makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information or receipt of loans. QuickCapitals shall have no responsibility for any damage to the borrower???s computer system or loss of data that results from the download of any content, materials, document or information or any other losses incurred by the borrower for failure to receive loans. The borrower expressly agrees that the use of the website is at the borrower???s sole risk. QuickCapitals will not be liable for any damages of any kind arising from the use of the website or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, QuickCapitals disclaims any and all representations and warranties with respect to the website and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use. No advice or information, whether oral or written, obtained by you from QuickCapitals through or from the service will create any warranty not expressly stated in these Terms & Conditions.
- LIMITATION OF LIABILITY
In no event shall QuickCapitals, its directors, employees or agents,??be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the borrower???s access to and use of the website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not QuickCapitals is advised of the possibility of such damages. Subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of QuickCapitals vis-??-vis any borrower, regardless of the form of claim, shall be limited to the aggregate of fees, if any, paid by the borrower to QuickCapitals. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms & Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- You hereby acknowledge that the Website constitutes original work and has been developed, compiled, prepared, revised, selected, and arranged by QuickCapitals through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of QuickCapitals during and after the term of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
- Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.
QuickCapitals shall not be liable to you for its failure to perform or for delay in providing you access to your Account or to the Website, to the extent such failure or delay results from causes beyond its control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, epidemics or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of your computer system.
- GOVERNING LAW AND DISPUTE RESOLUTION
It is expressly agreed by the parties that QuickCapitals may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.
- HOW TO CONTACT US
If you have questions or concerns about this Policy, please contact us at info@QuickCapitals.com??or call us on (401) 721-4158