Terms and Conditions
- By registering with ZestMoney and by using ZestMoney’s services (referred to collectively as “Services”), you understand and agree that ZestMoney will treat your use of the Services as acceptance of these terms and conditions (“Terms”) from that point onwards.
- You understand and acknowledge that “Zest/ZestMoney” and domain name www.zestmoney.in have been assigned to Camden Town Technologies Private Limited through an assignment agreement. Camden Town Technologies Private Limited owns and operates an online technology platform for the purpose of providing a platform for persons to register for obtaining loans from financial institutions in India. Registered Address: ZestMoney (Camden Town Technologies Private Limited), Ground & Third Floor, Indiqube Celestia, Site No. 19 & 20, Koramangala 1A Block, Koramangala, Bengaluru, Karnataka 560034
- You acknowledge and agree that ZestMoney owns all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist).
- You understand that you do not have the right to use any of ZestMoney’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
- You further acknowledge that the Services may contain information which is designated confidential by ZestMoney and that you shall not disclose such information without ZestMoney’s prior written consent. You will not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services.
- You agree not to use the website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. ZestMoney may, at its sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict my access to all or any component of the website or the availability of the website itself.
- You hereby declare that you are over 18 years of age, of sound mind and a person resident in India as defined under Foreign Exchange Management Act, 1999.
- You hereby declare that you are a human being and not a “bot”.
- You hereby confirm to register with us to avail a loan / credit from one or more lending partners using the services provided by ZestMoney.
- You confirm that all information given to ZestMoney (whether in ZestMoney’s online form or otherwise) is true, correct and not misleading. You agree to provide any additional documents to ZestMoney or any of its partners as may be required from time to time.
- You hereby understand that every time you wish to make a payment using ZestMoney EMI, you will be provided with online loan terms and conditions. Upon clicking ‘I Accept’ you and your successors/ heirs/ executors will be bound by the terms of the loan in relation to the credit facility. You understand and agree that ZestMoney may charge you a non-refundable administrative fee or a technology usage fee for facilitating the loan to be availed by you and you agree to pay the same. You must understand that this fee may not be refundable to you even if the loan is cancelled for any reason whatsoever.’
- You hereby understand that when you apply for a loan, ZestMoney, on behalf of one or more lending partners, may check your records, amongst other things, with its own records, and any information as available to ZestMoney through any of its sources, including those at credit information companies (CICs); those at fraud prevention agencies (FPAs) for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.
- You also agree that if you avail any loans through ZestMoney, you will not (i) use the proceeds thereof for any purpose other than as declared to ZestMoney or our lending partners, (ii) accept or attempt to receive the credit facility in the form of cash or any other means, (iii) use the Services in violation of applicable law or (iv) circumvent or attempt to circumvent the provisions of any terms that apply to you or act in a manner that is fraudulent, malicious or otherwise prejudicial to ZestMoney’s reputation direct or indirect interests in relation to the Services
- Your lender also has the right, and obligation, to report your details to CICs in the event that you have delayed repaying your loan instalment.
- You acknowledge that ZestMoney does not lend any money directly to you, but arranges the loan for you from one or more lending partners.
- The ZestMoney Credit Limit provided to you is our assessment of your eligibility based on various factors including policies of our lending partners, the market influences and our previous experiences.
- You acknowledge that interest rates may vary across different lenders, borrowers and loans. To understand the approach that may be followed by your lender in determining the interest rate, please visit the website of our lending partners.
- Accepting these Terms, implies your express consent to be contacted by us, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your account with ZestMoney. You further agree to us contacting you in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre-recorded messages or artificial voice, and notifications sent via our mobile application. You also acknowledge that you understand the English language and are most comfortable receiving communications in the English language.
- In our endeavour to effectively deliver the Services, we take your explicit consent to access your emails (registered with us) for the specific purpose of reading emails relevant to the Services, including bank statements, to access your records in connection with your loan application. To the extent required for provision of the Services, any password-protected document will be accessed via automated means, by utilizing information provided by you to automatically generate passwords in order to safely access such documents. It is further clarified that the consent sought from you shall be used solely in connection with the loan application facilitated through us and such information shall not be shared with any third party, save and except an RBI (“Reserve Bank of India”) registered financial institution which may require the aforementioned information for processing the loan application as well as the compliance of applicable law as recorded in paragraph 2 of “Services”.
- You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of ZestMomey’s website or application either by Yourself or by anyone using Your password and login information (with or without Your permission). You will only use the website to search for and to apply for loans and will not use the website to make any fraudulent applications.
- You acknowledge that our lending partners reserve the right to reject your application for any facility without assigning any reasons whatsoever without any intimation to you.
- You understand that We/ our lending partners may retrieve/ procure/download your KYC data/ details from the Central KYC registry for the purposes of verifying/establishing the data/details/identity and you hereby allow us/them to do so.
LIMITATION OF LIABILITY
- All content and services provided on the website are provided on an “as is” and “as available” basis. ZestMoney expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. ZestMoney makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to my circumstances; (b) the website will meet my requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by me through the site will meet my expectations.
- ZestMoney (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the website), or (ii) any use of the website or content, or (iii) the performance or non-performance by ZestMoney or any provider or (b) any damages to or viruses that may infect my computer equipment or other property as the result of my access to the website or my downloading of any content from the website.
- While we strive to be accurate in our assessment of your eligible credit limit, you must acknowledge that the final decisions regarding the loan/credit being provided to you is taken by our lending partner. You agree to not hold ZestMoney liable if any lending partner does not make credit available to you.
You will not assign or otherwise transfer your rights or obligations under these Terms. ZestMoney may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to me.
ARBITRATION AND GOVERNING LAW
The laws of India, without regard to its conflict of laws rules, will govern these Terms. In case of any legal action courts located in Bangalore, India will have jurisdiction over such matters. In any proceedings initiated by or against us, ZestMoney will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and attorney fees.