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IMPORTANT NOTICE

PLEASE READ THE FOLLOWING BEFORE PROCEEDING TO VIEW ANY MATERIAL ON THIS WEBSITE:

BY CONTINUING TO ACCESS AND USE THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE TERMS OF USE SET OUT BELOW.

IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF USE, PLEASE DO NOT USE OR VIEW THIS WEBSITE FURTHER.

THESE TERMS OF USE MAY BE UPDATED OR CHANGED FROM TIME TO TIME AND PLEASE ENSURE THAT YOU READ THE APPLICABLE TERMS OF USE ON EACH OCCASION IN ADVANCE OF ACCESSING ANY INFORMATION FROM OR OTHERWISE USING THIS WEBSITE.

DEFINITIONS

In these Terms of Use, the following words shall have the following meanings:

"Approved Persons" has the meaning at Clause 5.2.

"India" means the Republic of India.

"Members" means a borrower or lender approved by Monexo and registered with Monexo.

"Member Terms" the borrower or lender terms and conditions (as applicable) accepted by Members.

"Monexo", "we" or "us" means Monexo Fintech Private Limited, a company incorporated under the Companies Act, 2013 in India whose registered office is at 15 / 7 Basha Street, Choolaimedu, Chennai 600 094.

"Terms" means these Terms of Use.

"Website" means this www.monexo.co/in/ website.

"you" means the user of this website.

ACCEPTANCE OF TERMS OF USE AND USE OF WEBSITE

By using this Website and accordingly the services of Monexo you, the end user unconditionally agree to the terms and conditions that we have provided herein for the use of our Website. By checking any acceptance boxes, clicking any confirmation buttons, submitting any text or content or simply by making any use of the Website, you (i) accept the Terms of Use that appear below and agree to be bound by each of its terms, and (ii) represent and warrant to Monexo that: (a) You are at least Twenty one (21) years of age and have the authority to enter into these Terms; (b) these Terms are binding and enforceable against you; (c) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and corporate authority to agree to all of the terms set forth herein on behalf of such entity; and (d) You have read and understand Monexo’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy.

This Website gives you an introduction to the services and products of Monexo. However, this is not an offer or solicitation of any nature by Monexo.

Any information, projection or assumption included on this Website is not intended to give you any legal, financial, taxation or other professional advice and, should you propose to use any of the products or services described on this Website or otherwise deal with Monexo, you are strongly advised to obtain appropriate independent professional advice before proceeding. Every effort has been made to ensure, that the information contained on the Website is correct, however Monexo makes no warranty as to the accuracy, comprehensiveness, or correctness of any of the information, services or products on this Website.

Whilst we will try to keep the information on this Website up-to-date and accurate, no warranties or representations (whether express or implied) are made by Monexo or anyone connected with Monexo (including their officers, agents, employees, affiliates and/or advisers) concerning the completeness, accuracy or reliability of any matter included on this Website or any other information provided by Monexo to you or to any Member in connections with any Monexo product or service.

Without prejudice to the generality of Clauses 2.2 and 2.3: (i) the FAQ section of the Website sets out our personal views; and (ii) the storyboard section of the Website includes a story of purely fictional characters, and in each case does not amount to legal, financial or other professional advice or any warranty or representation on the matter stated.

Monexo reserves the right at any time, without notice to you, to change any of the content of this Website and the nature of the services and products that are displayed.

The contents of this Website are owned by and copyrighted by Monexo and reproduction of all or any part of this Website is prohibited without Monexo’s prior written consent. "Monexo" is a trademark used by us and no licence or right is given to you to use this name.

Any links to other websites are provided for your convenience only and their inclusion does not mean that Monexo endorses or approves of those Websites nor does Monexo accept any responsibility for any matter contained on those other Websites.

Monexo is not responsible for any delays or loss of or corruption of data as a result of either the use of this Website by you or your communications over the internet with Monexo, which are entirely at your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.

MONEXO

Monexo is not in the business of lending money or making loans but rather is a platform permitting prospective borrowers and lenders to directly enter into loan transactions with one another as well as carrying out risk assessment and support services to prospective borrowers and lenders and therefore Monexo shall not be considered a money lender under the purview of the Tamil Nadu Money Lenders Act 1957, or any other similar statute enacted in any other state of India.

No Members are permitted to use the Monexo platform to provide for interest rates deemed to be excessive under the laws of India.

Monexo is not a Non-Banking Finance Company, as per the existing regulations of Reserve Bank of India and its products and services are not regulated by Reserve Bank of India at present. Monexo is not operating a Portfolio Investment Scheme as defined under the regulations of Securities Exchange Board of India (SEBI) and Members will retain discretion over the Funds described in the manner in these Terms.

REGISTRATION

You may browse the Website and view some content without registering, but as a condition to using certain aspects of the Website, you are required to register with Monexo, by creating an account with Monexo as a Member either as a lender or borrower by accepting the relevant Member Terms i.e. the Lender Terms and Conditions or the Borrower Terms and Conditions.

Further, you represent, warrant and covenant that you will provide Monexo with accurate and complete registration information (including, but not limited to a user name, e-mail address and a password you will use to access the Website) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.

MEMBERSHIP

Only those Members who accept the applicable Member Terms shall have the ability to participate in the transactions described on this Website.

We require each person applying to become a Member to warrant that they are "Approved Persons" by which we mean that you are:

  • Eligible to lend or borrow in India and resident in India as per Foreign Exchange Management Act, 1999 (FEMA) and also a citizen of India or in the case of a corporation, incorporated in India;
  • a person above the age of twenty one (21) years
  • a person who is not involved in activities which fall under the scope of anti money laundering and counter terrorist financing legislation and regulations;
  • A person who is either a salaried employee, self-employed person, independent professional or is engaged in any other occupation or profession for profit or otherwise but whose business is not that of money lending nor a person who shall be considered as a Money Lender as per the various Money Lender’s Regulations in India (save where you are registered under the Money Lending Regulations applicable to the place of their residence/business or are exempt from registration thereunder);
  • a person who is not prohibited by any laws applicable to them from participating in any of the products or services offered by Monexo;

Monexo has the right to either (i) refuse an application of any person to become a Member or (ii) to require that an existing Member ceases to be a Member, in each without giving any reason and without incurring any liability

Intellectual Property

All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Terms shall be deemed to confer any rights to any such intellectual property on the other party.

For purposes of clarity: (i) as between you and Monexo, you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and (ii) Monexo Fintech Private Limited is the sole owner of the name "Monexo" as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Monexo regarding the Website shall, upon submission to Monexo, be owned solely and exclusively by Monexo. In addition, Monexo shall be entitled to post feedback at the Website (and/or allows others to do so), both positive and negative, regarding any Member. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).

UNAVAILABILITY OF WEBSITE AND PAYMENT GATEWAY SERVICES

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website. While it is Monexo’s objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Monexo, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Monexo shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT MONEXO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.

Monexo shall make all reasonable efforts for the provision of uninterrupted service of the payment gateway subject to down time and regular maintenance. However, notwithstanding anything in this Terms, you acknowledge that the payment gateway may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Monexo disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose. Monexo does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or your data. Monexo shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition you agree that Monexo shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to your access to and/or use of the payment gateway services. Monexo’s sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavours to restore the services and/or access to the payment gateway services as soon as reasonably possible.

USE OF THE WEBSITE

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
  • pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressees / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • shall not be false, inaccurate or misleading;
  • shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

You enable Monexo to use the information you supply us with ("Information"), so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Information, in any media now known or not currently known, with respect to your Information. Monexo will only use your Information in accordance with these Terms and the Privacy Policy.

As a condition of use, you promise not to use the Website for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.

Monexo has no obligation to monitor the Website, Content, or Member submissions. However, Monexo reserves the right to: (i) remove, suspend, edit or modify any content in its sole discretion, including without limitation any Member submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Monexo is concerned that you may have violated these Terms of Use), or for no reason at all; and (ii) to remove, suspend or block any Member Information from the Website. Monexo also reserves the right to access, read, preserve, and disclose any information as Monexo reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Member support requests; or (v) protect the rights, property or safety of Monexo, its Members and the public.

You shall NOT use this Website or any related microsite to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Members of this Website and/or any microsites to become Members of other on or offline services directly or indirectly competitive or potentially competitive with Monexo.

GENERAL

You agree that all personal information and data about you that is obtained by Monexo through this Website or otherwise in its dealings with you may be used and disclosed in accordance with Monexo's Privacy Policy, the terms of which you accept.

Without prejudice to the generality of Clause 5.1, if you apply to become a Member then you accept that Monexo will undertake credit checks and require other relevant information of you, with which process you agree to fully and honestly co-operate.

In the event of any conflict between these terms and the Member Terms, the Member Terms shall prevail.

These Terms may be translated into other languages but, in the event of any conflict between versions, the English language version shall prevail.

In the event of any claim made against Monexo, and/or the respective officers, agents, employees and/or affiliates (“Indemnified Parties”) in respect of any breach of any of your obligations under these Terms, you agree to indemnify and hold such indemnified parties harmless against all damages, losses costs and claims thereby incurred.

Governing law - This Terms contained herein shall be governed by and constructed in accordance with the laws of India subject to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India.

Dispute Resolution - If any dispute arises between you and Monexo during your use of our Website or period of Membership thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by Monexo. The place of arbitration shall be Chennai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. You are solely responsible for your interactions with any other Member (even to the extent prohibited hereby) or any Borrower and any disputes that may result from such interactions. Monexo reserves the right, but has no obligation, to monitor disputes between you and such persons.

Monexo may assign any of its responsibilities/obligations to any other person without any prior notice at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other party, unless a written consent is taken from Monexo.

Waiver - Failure by Monexo to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

Force Majeure - Monexo is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

Interpretation - In this Terms, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Terms; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Terms; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Terms to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Terms; and any reference to a time limit in this Terms means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

GRIEVANCE OFFICER: In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:

Name: Sundar Mahalingam

Email: sundar@monexo.co

Registered Address:

Monexo Fintech Private Limited
15/7 Basha Street, Choolaimedu,
Chennai - 600094
India

In the event you wish to make a complaint regarding any violation of the provisions of these Terms of Use, you may send a written complaint to the Grievance Officer, who shall redress the complaint within one (1) month.

Last Modified On: 11th August 2016