1. Eligibility

The User hereby represents and warrants that he/ she:

a. is at least 18 (eighteen) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement;

b. have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and

c. agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Platform including services.

2. Definitions

In these Terms of Use, the following words shall have the following meanings:“Applicable Laws” means all the existing laws, rules and regulations, modified or amended from time to time.

“Borrower/s” means an individual, who enlist himself /herself for borrowing with Alphamoney or those who borrow or avail Alphamoney services in any manner.“Lender/s” means those who is/are willing to invest or lend money to the Borrower listed with Alphamoney.
“Privacy Policy” mean the privacy related policy of the Platform and which can be accessed at [https://www.alphamoney.in/privacy-policy].
“RBI” shall denote Reserve Bank of India.“User/s” means a borrower or lender approved by and registered with Alphamoney.

3. Term and Termination

This Agreement shall remain in full force and effect while you use the services or are a User on the Platform. Alphamoney may terminate your use of/access to the Platform or the services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.

4. Acceptance of Terms of Use

By using this Platform, you agree to the Terms of Use that Alphamoney has provided. If you do not wish to agree to these Terms of Use, please refrain from using the Platform. In the Platform, Alphamoney provides end users with access to database of Lenders, Borrowers and service providers in relation to debt services such as verification agencies and collection agencies, etc. The Alphamoney is only a platform that brings together Borrowers and Lenders, it matches the need of Borrowers and Lenders, and provides link to service providers that are associated with the business of borrowing and lending such as verification agency and collection agency. Alphamoney in no manner collects deposits from the Lenders or person who would like to earn interest on their money by lending. Alphamoney only supports the Lender in verifying the whereabouts of the Borrower on best effort basis. If this Terms of Use conflicts with any other document, the Terms of Use will prevail for the purposes of usage of the Platform.

5. Registration and User Profile

5.1. Access to certain services on the Platform, require completion of a simple registration process to create User Profile. The registration and creation of a User Profile requires you to reveal your identity and/or other information about yourself, which will be governed by the Platform’s Privacy Policy.

5.2. Users will have an option to register with us and create a personal profile on the Platform (“User Profile”), which may enable them to access additional sections on our Platform to and avail other services. By accessing and/or completing the online registration process on the Platform and by creating a User Profile, User confirms its acceptance of Agreement. Alphamoney may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of a User Profile.

5.3. To create a User Profile, you have to acknowledge and agree that you may be required to give information about yourself for your User Profile verification. In order to complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence, etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.

5.4. You understand that it is your responsibility to protect certain information relating to your usage of the Platform including, but not limited to, your username, password, email address, contact details, mobile number and one-time password, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile. You agree to notify Alphamoney immediately of any unauthorized use of your account or any other breach of security.

5.5. User acknowledges and agrees that if Alphamoney disables access to User Profile, User may be prevented from accessing the Platform or services and that such User Profile details or any files or other content, which may be contained in such User Profile.

5.6. In the event, Alphamoney finds that the information shared by the User of the Platform is incorrect or that the User is in breach of Terms of Use of the Platform or User is in default of the lenders and borrowers agreement then in such case Alphamoney may add the name and details of such person in the list of persons who are blacklisted from receiving funds or lending.

6. Services

Alphamoney, through the Platform, provides a platform for connecting the Borrowers and Lenders to facilitate lending and borrowing and such services which are incidental, ancillary or connected herewith. Alphamoney does not undertake any lending or borrowing activities, which are regulated by RBI or any other regulatory body. Alphamoney or the Platform does not take responsibility or liability to match the Borrower with the Lender or vice versa.

7. License and Platform access

Alphamoney grants you a limited license to access and make personal use of the Platform. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party). You may not bypass any measures used by Alphamoney to prevent or restrict access to the Platform. Any unauthorized use by you shall terminate the permission or license granted to you by Alphamoney. By using this Platform and by accepting to agree to these Terms of Use, you also agree that you shall not hack or otherwise hire some third party to hack the site or use any other unauthorized means. By using this Platform you agree that you will hold all and any information received by you during your interaction with this Platform or any other Users of this Platform (including other Lenders and Borrowers on this Platform) in the strictest confidence and shall not disclose or use the information obtained by you by accessing this Platform. You shall in such an event be liable of a criminal offence and Alphamoney shall institute appropriate legal proceedings to claim damages.

8. Compliance with RBI

By using this Platform and registering with us on the Platform, you agree that you are aware of and have read the Master Directions, Non-Banking Financial Company, Peer to Peer Lending Platform (Reserve Bank) Directions, 2017, amended from time to time. The Users who are registering on the Platform need to strictly follow the guidelines and directions issued by RBI for peer to peer lending along with Applicable Laws.

9. Impermissible use of Platform

Users of this Platform shall not host, post, comment, modify, publish, transmit, update or share any content that is inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of content that Alphamoney deems to be inappropriate:

a. Content belonging to another person and to which a User does not have any right to;

b. Content that infringes intellectual property of any party;

c. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult websites, blasphemous, obscene, pornographic, paedophilic, invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

d. Content that includes racially, ethically, or otherwise objectionable language;

e. Content that is libelous, defamatory, or otherwise tortious language;

f. Content shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever;

g. Content that violates any law for the time being in force;

h. Content that offer unauthorized downloads of any copyrighted or private information.

i. Content that impersonates another person or entity or falsely states or otherwise misrepresents your affiliation with any individual or entity.

10. Opt-out

10.1. If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to support@alphamoney.in

10.2. In case Existing Lender / Borrower wish to get deleted his/her/its account with Alphamoney, it may be made specific request and the account shall be deleted only after satisfying the conditions, as may be determined by Alphamoney, including the criteria for the Borrower that no amount is due or outstanding qua Lender or the Alphamoney. Alphamoney, at its sole discretion, can preserve the Borrower’s information for such longer period, as it may be desire or as required under Applicable Laws.

11. Third party interaction and links to third party sites

11.1. The Platform may contain links to other third party Platforms which are not owned, operated or endorsed by Alphamoney and you hereby release and discharge the Alphamoney Indemnified Parties from any and all claims, losses and damages arising out of the use of, or inability to use, or access such third party websites or links. Alphamoney hereby disclaims all liability or responsibility for the content hosted or information provided by you/collected from you by such third party websites. You are advised to review the terms and conditions of such third party websites carefully before visiting, accessing, using or availing of the services of such third party websites.

11.2. Correspondence, advertisement, purchase or promotion, including the delivery and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, pertaining to such third party websites is solely between you and the applicable third party and is at your sole risk. Alphamoney shall not be responsible or liable in any manner whatsoever for transactions, information provided by / collected from you and interaction with such third party websites and/ or any losses sustained in that regard.

12. Confidentiality

Alphamoney and you hereby agree to keep any data (“Confidential Information”)confidential and shall not disclose such data without the consent of the other party except pursuant to an order of any court or government authority, in performance of this Agreement by Alphamoney, or when the parties independently obtain such data from a third party.

13. Intellectual Property and Ownership

Except for the content submitted by the Users, all content on this Platform and/ or services or other incidental services thereto, are protected by copyright, trademark, patent, trade secret and other intellectual property laws of India. You acknowledge that the Platform and any underlying technology or software on the Platform or used in connection with rendering the services are proprietary information owned or duly licensed to Alphamoney, except where it is indicated otherwise. You are prohibited to post, modify, distribute, create derivative works or reproduce any of the content, software, marks, logos, and/or materials available on the Platform in whole or in part except as expressly allowed under the Terms of Use.

14. Disclaimer of Warranties

14.1. User acknowledges and agrees that the services are provided on “as is” and “as available” basis without warranty of any kind, express, implied, statutory or otherwise and that use of services shall be at sole risk of user. Alphamoney, any subsidiary, affiliate, director, officer, employee and agent expressly disclaims any and all implied or express warranties to the maximum extent permitted by Applicable Laws in connection with the services. No advice or information, whether oral or written, obtained by you from the Platform or services shall create any warranty not expressly stated in the Terms of Use.

14.2. This Platform is controlled and operated from India and Alphamoney makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve the Alphamoney parties from any liability or loss in this respect.

14.3. Alphamoney reserves the right to introduce and initiate new features, functionalities and components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Alphamoney may also prescribe certain limits on the use of the Platform and/or services or storage of User content or Alphamoney content at its sole discretion without any prior notice to you while at all times complying with the Privacy Policy. In consideration for Alphamoney granting you access to and use of the Platform and services, you agree that Alphamoney and its third party providers and partners may place such advertising on the services or in connection with the display of User content or Alphamoney content, or information from the services, whether submitted by them or others.

14.4. Your use of this Platform is solely at your risk. You agree that Alphamoney shall have no responsibility for any damages suffered by you in connection with this Platform or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of this Platform.

14.5. By uploading any content, representation or statement of your financial status or your proof of residence you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all laws and is true and authentic and is not in any event placed on the Platform to defraud other Users or create a false impression in their minds that you have a sound financial status or are reasonably committed to deliver the repayments on time.14.6 You also represent that you have never been accused of any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status.

15. Limitation of Liability

15.1. In no event shall Alphamoney Indemnified Parties involved in creating, producing, transmitting or distributing products or services on this Platform, granting or receiving loan from a User associated with Platform shall be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if you or any third party have been advised of the possibility of such damages.15.2 You specifically acknowledge that Alphamoney shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You also acknowledge that Alphamoney shall not be liable for any shortage or non-fulfillment of services on the Platform and unavailability of services due to any inability, delay or failure on party of Lender and/or the Borrower to accept the terms and conditions of loan agreement.

16. Indemnity

16.1. You agree to indemnify and hold Alphamoney and its officers, directors, agents, subsidiaries and employees (“Alphamoney Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Use, or arising out of your use or misuse or access to Platform, service, content or otherwise , or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Terms of Use or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use. In no event shall Alphamoney Indemnified Parties involved in creating, producing, transmitting or distributing products or services on this Platform, granting or receiving loan from a User associated with Platform shall be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if you or any third party have been advised of the possibility of such damages.15.2 You specifically acknowledge that Alphamoney shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You also acknowledge that Alphamoney shall not be liable for any shortage or non-fulfillment of services on the Platform and unavailability of services due to any inability, delay or failure on party of Lender and/or the Borrower to accept the terms and conditions of loan agreement.

16.2. The Borrower and the Lender acknowledge that Alphamoney is not obligated to perform any act or obligation for them and that it is only a service provider to them that facilitates the transaction between them or act an agent for the authority provided. In case of any loss or damage to Alphamoney due to their action or inaction, the Lender and the Borrower shall, jointly and severally, indemnify Alphamoney.

16.3. In the event any excess amount is credited into your account by reason of any system error or human error (“Wrongfully Credited Amounts”)to which you are not entitled, you shall immediately notify us in writing of the same and shall not withdraw, use, transfer or deal with such Wrongfully Credited Amount in any manner whatsoever. You hereby undertake to indemnify us for any losses, costs, damages, charges and expenses that we may suffer as a result of a breach of this obligation.

17. Governing law and Jurisdiction

These Terms of Use shall be governed by and constructed in accordance with the laws of India subject to the exclusive jurisdiction of the courts of Delhi, India.

18. Force Majeure

Alphamoney 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, epidemic or other natural disaster), war, invasion, act of foreign enemies, 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 or any other act beyond the control of Alphamoney.

19. Information Gathered and Tracked

By accessing this Platform, you hereby agree and understand that your internet protocol (“IP”) address, device used to access the Platform and other demographics will be logged and recorded. If you choose to register and create a User profile on our Platform, we will collect and store such information (including personal information) as specified above. All information collected from you, including information submitted for the registration of a User profile, is subject to our Privacy Policy. We may collect further information from you if you wish to receive certain services available on our Platform, which information will be requested for at the time you choose to avail of such services. We guarantee that personal information about Users will not be provided to any third party without User consent.

20. Waiver and Severability

The failure of Alphamoney to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

21. Amendment

Alphamoney reserves the right to make changes or alter the contents of Platform or services provided by Alphamoney at its sole discretion, without any prior notice.

22. Assignment

You shall not assign your rights and obligations under these Terms of Use without the prior written consent of Alphamoney. Alphamoney may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Platform.

23. Infringement Notification

23.1. If you believe in good faith that any content or material posted or otherwise made accessible on this Platform, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this Platform, please compile the following information and email it to: support@alphamoney.in; and which email shall contain the following information:

a. a clear identification of the allegedly prohibited/unlawful/abusive material on the Platform (with specific URL reference);

b. your contact details: name, address, e-mail address and phone number;

c. in case of an alleged violation of proprietary rights (including copyright, trade- mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Platform is not authorized by you or your agent or law;

d. a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and

e. a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.

23.2. The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use by the content.

23.3. In such an event, Alphamoney may contact you for any further information and reserves the right to determine, at its sole discretion, whether such content violates these Terms of Use or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, Alphamoney reserves the right to restrict your access to the Platform.

24. Grievance Redressal

If User has any grievances related to the Terms of Use, User can register a complaint with the grievance redressal officer at support@alphamoney.in. In order to understand about the grievance redressal mechanism of Alphamoney on the Platform, User can access grievance redressal policy at [https://www.alphamoney.in/grievance-redressal-policy].

25. Report Abuse

Please report any abuse or violations of these Terms of Use to us by emailing at support@alphamoney.in