Terms and Conditions

RESPO FINANCIAL CAPITAL PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, bearing CIN: U65990MH2021PTC373655 and has its registered office at 2nd Floor, Dyna Business Park, Street No. 1, MIDC, Andheri (East), Mumbai, Maharashtra – 400 093 (hereinafter referred to as “Company” or “us” or “we”).

The Company owns and operates its website at www.respo.co.in (“Website”).
By accessing and using the Platform the Users accept and agree to be bound by the terms and conditions read along with the Privacy Policy https://respo.co.in/privacy-policy/ and that you have read, understood and agreed to abide by aforementioned Privacy Policy, disclaimer, terms & conditions (“Terms”).

These Terms along with the Privacy Policy https://respo.co.in/privacy-policy/ (“Privacy Policy”) as maybe amended and supplemented, from time to time, constitute a legally binding financial services end-user license agreement between the Company and the Customer for using various financial services provided by the Company including but not limited to various loan products and credit facilities.

Please read these Terms carefully prior to accessing or using our Platform, creating an account, visiting the Platform through the Website, or downloading the App. You acknowledge, agree, and explicitly consent to the practices, requirements, Terms, and policies set forth on the Platform. If you do not agree with the Terms, you should not use the Platform or review information or subscribe to any products/services offerings on the Platform.
Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms in full.

1. Definitions

“Affiliates” shall mean any bodies incorporated which are controlled by, control, or under common control with, the Company, whether by virtue of owning, including as a beneficiary, the majority of voting capital or by having the right to appoint a majority on the board of directors or other management organ, or both.

“Customer(s)” or “you” or “End-Users” shall mean any person who accesses, downloads, uses, views the Platform for using various financial services provided by the Company including but not limited to Loans and sharing certain data through the Platform.

“Loan” shall mean the loan that you may apply for through the Platform, and which is sanctioned and granted by the Company, subject to the applicable terms and conditions of the Loan Agreement and these Terms, accepted by you in favour of the Company.

“Loan Agreement” shall mean the loan agreement to be executed between the Company and the Customer(s)/borrowers for granting the Loan whether in physical or electronic form as may be applicable from time-to-time.

“Platform” shall mean the Website, and any other websites/ mobile applications including but not limited to mobile based Android/iOS and other facilities/ any other communication channel of the Company, collectively.

2. Description of the Platform

2.1. The Platform enables you to apply for Loans and other credit facilities from the Company. The Company may disburse the Loan subject to fulfilment of the relevant terms and conditions and other requirements for the Loan and execution of all necessary documentation. The Platform auto-tracks, organizes and analyses your information to present you with various credit products and services. The Company may share any information collected with Affiliates consent as per the Privacy Policy or follow practices as described in our Privacy Policy. We also share information with third-party service providers. For any further details on our security practices please read our Privacy Policy.

2.2. To provide Loans and services, we may collect and share information with any other third parties as may be required for the purpose mentioned above, which may encompass personal data such as name, contact details, and browsing history. Your privacy and data security are paramount, and we adhere to strict guidelines in handling any collected information and the collection, storing, use and transfer of information shared by you shall be governed in accordance with the Privacy Policy.

3. Applicability of the Terms

(a) By downloading, installing, using, and accessing the Platform in any manner you hereby give your unconditionally agree to;
(b) These Terms including the paragraphs at the commencement of these Terms provided hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform;
(c) Any other notice, disclaimer, policy, or term of use, by whatever name called, which may apply to the use of the Platform from time to time.
(d) These Terms may be amended/ modified, added to or remove portions at any time by the Company. All such amendments shall be binding on you 24 (twenty four) hours after the amended Terms are made available on the Platform. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Platform with no liability to the Company.
(e) Any changes made to these Terms will be communicated to the email address of the User maintained in our records, within a reasonable time from the date of modification or on the Platform. Although the Company may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Platform. The Company does not take responsibility in case the email address provided by the End-User is either incorrect or does not belong to the End-User. The End-User’s continued use of the Platform following the notification of modification of these Terms will be construed to mean the acceptance by the User of the modified Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

4. Use of the Platform

4.1. In your use of the Platform, you shall always comply with all applicable laws. The Company does not discriminate in extending products and facilities including loan facilities to physically/visually challenged applicants on grounds of disability. In case any assistance is required, please reach out to us [email protected] / 022-28256467, and we will endeavour to provide all possible help for availing various facilities.
4.2. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
4.3. You hereby represent, warrant and acknowledge that you (i) are of at least 18 years of age; (ii) are resident of India; (iii) are of sound mind and are availing the Loan out of your our own volition; (iv) understand the English language and are most comfortable receiving; communications in the English language; (v) have provided all the information that is true, correct, and not misleading and also agree to provide any information or any documents, as may be required by the Company, or its sub-contractors from time to time; and (vi) shall make use of the Platform as a prudent, reasonable and law-abiding citizen.
4.4. The Company shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
4.5. You shall not take any action that would cause the Company to suffer any type of loss.
4.6. You understand and accept that your eligibility to avail the Loans may be based on various factors such as policies of the Company, the market influences, etc. At the time of considering your loan application/request, the Company and/or its lending partner(s), may cross check your records with any information available in their own records or that of the CICs, fraud prevention agencies, collection agencies, or other third party vendors for assessing your credit worthiness, verifying your identity, to prevent and detect crime and money laundering.
4.7. You hereby undertake that you will not: (i) use the proceeds of the Loans for any purpose other than as declared to the Company or any third-party service provider; (ii) accept or attempt to receive the Loan in the form of cash or any other means; (iii) use the Platform in violation of applicable law or these Terms; (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 Company’s reputation, and direct or indirect interests in relation to the services, products offered through Platform; (v) the Company hold the right to cancel your Loan or withdraw the drawdown requests at any time during the term of Loan without assigning any reason whatsoever; or (vi) you understand and undertake to not hold the Company liable for any lost profits, loss of goodwill or opportunity, or special, direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

5. LINKS TO THIRD PARTY SITES

5.1. The Platform may contain links to other websites owned and operated by third parties who are not related to the Platform (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company shall not be responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation, warranty or guarantee with respect to the content or performance of any such third party sites that is providing services through the Platform.
5.2. The Platform provides these links to you as a convenience, to improve the performance of the Platform and/or to enhance user experience only and the inclusion of any link does not imply any endorsement of the Linked Website by the Company. Your access or use of such Linked Website is entirely at your own risk. The Company shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to these terms and conditions of that respective Linked Website.
5.3. The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
5.4. You acknowledge that the Company in no manner guarantees that the End-Users have provided all the information on this Platform which is true and correct including your address, phone numbers etc. You acknowledge that it is your responsibility to verify the information about the person on the Platform and the Company is in no manner liable if the information provided on this Platform is untrue or incorrect. You acknowledge that the Company is in no manner responsible for any claim of money or damages in the event one person fails to either grant Loan or a person fails to repay the Loan or misrepresents his financial status or commits a fraud or cheating or any other such illegal act.

6. Termination and Suspension

6.1. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and the Company, the Company may terminate your use of the Platform at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
6.2. Without prejudice to the foregoing;
(i) The Company reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms, or any other guidelines and rules published in respect of the Platform.
(ii) The Company may block, restrict, disable, suspend or terminate your access to all or part of the Platform at any time in the Company’s discretion, without prior notice or liability to you.

7. License and Access

7.1. The Company grants you a limited license to access and use the Platform for availing the services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of the Company and / or its Affiliates, as may be applicable. Any unauthorized access to the Platform or any networks, servers or computer systems connected to Platform or any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms, is not permitted. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (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 the Company and / or its Affiliates, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by the Company.

7.2. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Platform technology.

8. Prohibited Uses

In addition to other prohibitions as set forth in the Term, you are prohibited from using the Platform: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, central, state or local regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.

9. Other Disclaimers

9.1. To the fullest extent permissible pursuant to applicable law, the Company, and any of Company’s third-party partners, licensors, and suppliers, disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you through the Platform will constitute or create any representation or warranty not expressly stated herein.
9.2. You expressly agree that use of the Platform is at your sole risk. The Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. The Company and any third-party suppliers, licensors, and partners do not warrant that the data, software, functions, or any other information offered on or through the Platform will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
9.3. The Company and any third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Platform in terms of correctness, accuracy, reliability, or otherwise.
9.4. You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through the Platform, the same shall be at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and/or other device) or loss of data that results from the download or use of such material or data.
9.5. You acknowledge and agree you have entered into these Terms in reliance upon the Other Disclaimers and the Limitations of Liability set forth herein, and that the No Lending, Other Disclaimers and the Limitations of Liability set forth herein reflect a reasonable and fair allocation of risk between you and Company, and that the Other Disclaimers and the Limitations of Liability set forth herein form an essential basis of the bargain between you and the Company. The Company would not be able to provide the Platform to you on an economically reasonable basis without these limitations.
9.6. Any information that the Platform may communicate to you about any service or product offered by a third party, including any promotional or other offers in relation thereto, shall not constitute or be deemed to be the Company’s endorsement or approval in any manner of such third party products and services.
9.7. The Company has the right and liberty to monitor the content of the Platform at all times which shall include information provided in your account. The monitoring of the Platform is important to determine the veracity of the information provided by you and that every End-User remains in consonance with the Terms provided herein. Subject to the Terms mentioned herein, the Company shall also have the liberty to remove any objectionable content which is in contravention of the Terms herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

10. Intellectual Property Rights

The Company and its licensors, if any, shall be the sole and absolute owners of the Platform, including but not limited to the idea behind the Platform, the copyright in all content on the Platform and all trademarks, designs, logos and other insignia of trade used on the Platform and elsewhere during the performance of the services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. Any copying of any part of the Platform shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of the Company.
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (the “Marks”) are the property of their respective holders. Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.

11. Consents

In addition to any consent have given, you hereby consent to- (a) the Company to retrieve your credit score from CIC’s for the purpose of evaluating your eligibility for Loans; (b) The Company sharing, exchange the any information to its third party but not limited to its Affiliates service providers, banks, financial institutions, credit information companies, telecommunication companies, statutory bodies, business partners etc. for customer verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of services of the Company or related products or that of its associates/business partners and affiliates.

12. Limitation of Liability

12.1. Your use of the Platform is at your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Platform, these efforts may fail and errors may occur. IN NO EVENT SHALL COMPANY OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PLATFORM (OR THE CONTENT PROVIDED AT THE PLATFORM OR ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR END-USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS PLATFORM (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS PLATFORM. THESE WAIVERS APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS APPLICATION SUBJECT TO THE MAXIMUM LIABILITY OF THE COMPANY WHICH SHALL BE Rs.500.
12.2. The Company and its directors, officers, employees and agents shall not be responsible in any manner whatsoever for:
(i) The rejection of your Loan application or other refusal by the Company of the Loan with or without reason;
(ii) to inform reasons for such refusal/rejection;
(iii) for provision of any loans or other products; and
(iv) any claim or damage in case of use of the availing Loan or any other financial products

13. Indemnity

You hereby agree to defend, indemnify, and hold harmless the Company and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, demands, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Platform or the services provided therein, without limitation, any actual or threatened suit, demand, or claim made against the Company arising out of or relating to the any breach of the representations, warranties, and covenants made by you herein,, your conduct, your violation of these Terms, or your violation of the rights of any third party including intellectual property rights or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by you on the Platform. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, including rights to settle, and you agree to cooperate with the Company’s defense and settlement of these claims. The Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This indemnification obligation shall survive these Terms and use of the App.

14. Governing Law and Arbitration

14.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws’ provisions.

14.2. The Platform is controlled and offered by the Company from its facilities in India. If you are a user outside India, please take note the Company is only subject only to laws of India and only to the jurisdiction of Indian courts subject to Clause 14(c). The Company makes no representations that the Platform is appropriate or available for use in any other location. Therefore, if you are a user outside India, you may use the Platform solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.

14.3. Disputes, if any, shall be attempted to be resolved amicably within thirty (30) days of receiving the notice from either party. Unresolved disputes shall be referred to an independent, sole arbitrator in Mumbai appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. The seat of arbitration will be Mumbai and the language of arbitration will be English. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the courts in Mumbai, India.

15. Miscellaneous

15.1. Notices: Any notice required to be given to Company under these Terms should be sent by registered mail to [email protected] or recognized courier to the address first set out above.

15.2. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.

15.3. Severability: Notwithstanding that the whole or any part of any provision of these Terms may be proved to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.

15.4. Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without any such assignment being considered a change to these Terms and without any notice to you.

15.5. Communications: You may receive on your registered email/phone, promotional and marketing communication about various products, services and offerings that the Company, vendors, clients, group companies or business associates may make available. In the event you have registered your phone number on the ‘Do Not Disturb’ register(s) with your network provider, you shall ensure to take all steps to enable the Company’s representative’s to contact you via phone to provide details about different financial products and you shall ensure that such calls received by you are pursuant to you providing us with information and you shall not register a compliant with the relevant authorities for the same.

15.6. Modification: We reserve the right to modify or discontinue (completely or in part) our Platform, Terms, Loans, products or services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.

15.7. No Third-Party Beneficiaries or Rights: These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by these Terms.

15.8. Complaints: In the event you have any complaint(s) pertaining to Loans, products or services provided through this Platform, please feel free to email us at [email protected] or as per the grievance mechanism detailed at https://respo.co.in/grievance-redressal/ . Kindly provide your name, email address, physical address and contact numbers so that we may be able to verify details or check the authenticity of the complaints.

15.9. Feedback: We welcome feedback, comments and suggestions for improvements to the services /products or Loans provided on the Platform. You can submit feedback by emailing us at [email protected] or contact us at 022-28256467. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related facilities. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

15.10.  Entire Agreement: These Terms constitute a legally binding agreement between the Company and User, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Platform and services, products provided on the Platform