OUR LOGO “MOBIYA STORE”, OUR WEBSITE “Mobiya.co.in” OUR MOBILE PHONE APPLICATION(S) AND OTHER RELATED SOFTWARE AND/OR INTERNET BASED APPLICATIONS (COLLECTIVELY REFERRED TO AS “APPLICATION”) ARE OWNED AND OPERATED BY SOAPY HANDS A COMPANY INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF INDIA HAVING ITS REGISTERED OFFICE AT PUNE (HEREINAFTER REFERRED TO AS “COMPANY”). THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS THE “TERMS”) SHALL CONSTITUTE A VALID AND BINDING LEGAL AGREEMENT BETWEEN OUR COMPANY AND YOURSELF. THESE TERMS AND CONDITIONS (“TERMS”) SHALL CONSTITUTE A VALID AND BINDING LEGAL AGREEMENT BETWEEN US AND YOURSELF, THE USER (HEREINAFTER, WHERE THE CONTEXT SO REQUIRES, “YOU” OR “USER” ARE REFERRED TO INTERCHANGEABLY). USERS ARE REQUESTED TO READ THESE TERMS BEFORE REGISTERING, ACCESSING, BROWSING, DOWNLOADING, OR USING ANYTHING FROM THE APPLICATION.
We are an Indian-incorporated entity involved in the business of providing online loans to individuals (“Loans”) and services listed in the Application from time to time (“Services”). We have tied up with other financing companies that provide these loans and we act as an intermediary for helping our customers connect with our financing partners to provide loans.
To take Loan(s) or avail of Services from us you have to create a User Account (“Account”). You are solely responsible for maintaining the secrecy of your user id and password for the Account and shall be responsible for all activities that occur in connection with your Account. In case of any unauthorized use of your Account, the same shall be intimated to us. You shall not create multiple Accounts and shall not use your Account for any purpose that is unlawful, illegal, or forbidden.
To create an Account (i) you shall be at least 18 years of age; (ii) shall not be a person either barred or otherwise legally prohibited from taking Loan or availing Services offered by us; (iii) should be a resident national of India; (iv) you shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity or affiliation with any person or entity.
Submission of Information:
While creating the Account you will be asked to provide certain information (“User Details”). We request you provide complete and accurate information about yourself to bolster your credibility. You confirm and warrant that the details submitted are true and correct and we can rely on it for providing the Loan and/or Services sought by you through the Application.
a. In order to use the Mobiya System and avail of the Service, you must register for and maintain a service account. Account registration requires you to submit certain information such as your name, address, mobile phone number and age, and any unique identifier that may be issued to you by the Mobiya store.
b. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use Mobiya store Systems and/or the Services or result in Mobiya store termination of this agreement with you. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Mobiya store in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to the Mobiya store shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.
Grant of Authority:
Pursuant to you creating the Account and submitting the User Details, we will behold and process personal information obtained from you. You grant us authority to use the same for (i) access credit bureau information (ii) share your credentials with our lending partners for helping them make lending decisions (iii) to offer other Services (iv) share details with other service providers to offer various products and services which you may need (v) for the purposes of fraud prevention and debt collection (v) to understand your financial needs (vi) servicing our relationship with you and to provide you with better customer services, products, and offers. You grant us authority to pass such information to other agents as permitted by law.
By using our Application you agree that you shall not (a) use our Application for spamming or any other illegal purposes;(b) infringe ours or any third party’s intellectual property rights, rights of publicity or privacy; (c) post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person; (d) post or transmit any message, data, image or program which violates any law; (e) refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to us; (f) remove, circumvent, disable, damage or otherwise interfere with security related features of our Application or features that enforce limitations on the use of Application; (g) upload any content that constitutes negligent advice or contains any negligent statement, an incitement to commit a crime or contains instructions for the commission of a crime or the promotion of criminal activity; or any content which is in contempt of any court, or in breach of any court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of another’s privacy, blasphemous; in breach of any contractual obligations or depicts violence or is pornographic, paedophilic, obscene, suggestive or sexually explicit; or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever; (h) upload any content that threatens the unity, integrity, defence, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation; (j) upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (k) reverse engineer, decompile, disassemble or otherwise attempt to discover our source code for the Application or any part thereof or infringe any patent, trademark, copyright or other proprietary rights; (l) use our Application in any manner that could damage, disable, overburden, or impair, including, without limitation, using Application in an automated manner; (m) modify, adapt, translate or create derivative works based upon Application or any part thereof; (n) intentionally interfere with or damage operation of Application or any other user’s use of Application, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; (o) use any robot, spider, other automatic device, or manual process to monitor or copy Application without our prior written permission; (p) interfere or disrupt Application or networks connected therewith; (q) take any action that imposes an unreasonably or disproportionately large load on Application; (r) use any device, software or routine to bypass Application robot exclusion headers, or interfere or attempt to interfere, with the Application; (s) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Application or to manipulate your presence on Application; (t) use the facilities and capabilities of Application to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; (u) breach these Terms or any other policies which we have; (u) provide false, inaccurate or misleading information to Application; and (w) use Application to collect or obtain personal information, including without limitation, personal information about other users of our Application.
By creating Account, you agree to receive communications in connection with the Application and from affiliate sites. You also authorize us, our associates, and partners to contact you via email or phone call, or SMS and offer you their services, products, imparting product knowledge, offer promotional offers, as well as web aggregation. Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us, our associates, and our partners for the above-mentioned purposes.
Interest Rate, Service Fee, and Default Rate:
As consideration for availing Loan/Service, you will be bound to pay Interest Rate/Service Fee as may be applicable as mentioned in our Application. In case of any delay in repayment towards the loan availed you shall be liable to pay the Default Rate as mentioned in our Application. Rate of interest for Loan, Default, and Services will be governed by the loan agreement/Service Agreement/Terms and Conditions to be executed between you subject to the grant of Loan or for Services.
The user herein agree to indemnify and hold us harmless from and against any and all claims, action, liability, cost, loss, damage, endured by us by your access to the Application.
Content of the Application:
You do not have the right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You shall not copy and use the software, text, images, graphics, video and audio used on this Application (“Content”). 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. We neither represent nor warrant that your use of materials displayed at the Application will not infringe rights of third parties.
Our Application, Loan terms or Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Third Party Web Links:
We have not reviewed any sites that may be linked to our Application and is not responsible for the content of any off-site pages or any other sites linked to the Application.
We make no warranties or representations as to the accuracy of information contained in our Application, the information contained is on an “as is” and “as available” basis and hence disclaim any and all liability for the accuracy, completeness, or correctness of such information. The creation of the Account and submitting your interest for loan/services does not assure grant of Loan or Services.
We use reasonable efforts to safeguard the security of the Application; however there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Application. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Application.
Breach of the Terms:
Without prejudice to our rights under these Terms, if you breach these Terms and in any way, or if we suspect that you have breached these Terms in any way, we may (i) send you one or more formal warnings; (ii) temporarily suspend your access to Application; (iii) permanently prohibit you from accessing Application; (iv) block computers using your IP address from accessing Application; (v) contact any or all of your internet service providers and request that they block your access to Application; (vi) commence legal action against you, whether for breach of contract or recovery of amounts due or damages or otherwise; and/or (vii) suspend or delete your account on Application.
We may assign, transfer, and sub-contract our rights / obligations under these Terms. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
If any of these Terms is founded to unenforceable or invalid by a court, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
Governing law and Jurisdiction:
The laws of the India, without regard to its conflict of laws rules, will govern these Terms. If you take any legal action relating to your use of the Application or these Terms, you agree to file such action only in the courts located in Pune , India.
Feedback & Details of Grievance Officer:
You may provide feedback and reviews to or in case of any grievance, by writing to us at support@firstname.lastname@example.org
If the matter is not resolved at the first instance by the Grievance Officer then the same may then be settled by arbitration by a single Arbitrator appointed by us. The arbitration shall be held, in Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of Arbitration shall be in English.
These Terms and your activity under this Terms are an electronic record in accordance with the (Indian) Information Technology Act, 2000 and these Terms being electronically generated by a computer system and does not require any physical or digital signatures. We recommend you to print out a copy of these Terms for your future reference. We reserves the right to modify these Terms and other policies applicable in general and/or to specific areas of our Services or to a particular service which shall also be considered as part of these Terms, at any time without giving you any prior notice, and such changes shall be binding on you.