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Terms of Use

FOR LOAN ORIGINATION AND SUPPORT SERVICES

These terms of use (hereinafter the “Terms”) establish an agreement between M/S AURIOLUS FINVEST PRIVATE LIMITED, a company incorporated under Companies Act, 2013 having its principal place of business at Plot No. 88, Udyog Vihar, Phase 4, Gurgaon 122015 and website www.bizfunds.com (“BizFunds”), which expression shall include where appropriate its affiliates, successors and assigns) and the Borrower (as defined hereafter). By continuing to receive the Services, the Borrower agrees to be subject to these Terms.

1) Definitions

“Application Information” means the specific information with respect to the Borrower including information regarding its proprietor, partner, director or other key personnel that are required to be submitted by the Borrower in order to enable the Lender to process the application of the Borrower for Loan;

“Borrower” means an individual, firm, partnership, company, society or an entity organized in any other form that receives Services from BizFunds;

“Eligibility Information” means the data sets that are submitted by a Borrower on the Website in order to ascertain at a preliminary level whether the Lenders will consider an application from the Borrower to avail Loan;

“End Use” means the specific purpose for which the Borrower seeks to avail the Loan;

“BizFunds Systems” means the Website and other proprietary software programs, algorithms, processes and other methodologies utilized by BizFunds for rendering the Services hereunder;

“Lender” means BizFunds either by itself or together with other co-lender(s), as decided by BizFunds.

“Loan” means one or more loans granted by the Lender to the Borrower.

“Services” means the facilities provided by BizFunds to the Borrowers through BizFunds Systems.

“User Generated Content” means any information that may be generated or encountered through Borrower’s Use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.

“Website” means the website which is currently published at the web-link www.bizfunds.com;

2) Account Set-up

  1. In order to avail Services from BizFunds, the Borrower is required to register for and maintain a service account (“Account”) in accordance with the instructions set out on the Website.
  2. Account registration requires the Borrower to submit complete, accurate and up-to-date information as expressly set out in the Website.

3) Services

  1. Eligibility
    1. Upon submitting basic Information and setting up of Account, the Borrower will be intimated as to whether a Lender may be willing to consider an application from the Borrower for Loan for the prescribed End Use and if so then the limit and tenure of such Loan.
    2. The Borrower acknowledges that Eligibility Intimation is merely a determination by BizFunds Systems that certain Lender(s) may be willing to consider an application by the Borrower for Loan. The Eligibility Intimation must not be deemed to be an assurance that any Lender will indeed, grant Loan to the Borrower or process an application for Loan submitted by the Borrower.
    3. Eligibility Intimation is meant to provide the Borrower a high-level understanding regarding its ability to apply for Loan and the primary terms that shall be applicable to such Loan.
  2. Loan Application
    1. Upon receiving Eligibility Intimation, the Borrower shall be able to apply for Loan.
    2. Should the Borrower want to complete the Loan Application he must submit Application Information to BizFunds.
    3. The Lender(s) may in addition to Application Information seek submission of further documents and information which the Borrower agrees to provide; failure to provide such additional documents and information shall render the Loan Application incomplete and invalid.
    4. While the Application Information shall be submitted by the Borrower through the Website, certain documents may be required to be submitted in physical form in accordance with applicable laws and regulations and internal policies of the concerned Lender(s). The Borrower agrees that the Application Materials shall be true, correct and accurate and will be handed over to BizFunds or its vendors, as the case may be, with adequate protection and care. The Borrower further agrees that the Application Materials shall at all times comprise of copies of original documents/materials and shall under no circumstance carry any item which if lost or damaged cannot be replaced.
    5. Upon submission of the Loan Application, the Lender may require the Borrower to complete certain actions including submission of relevant documents, information or other materials prior to sanction of the Loan. The Borrower acknowledges that submission of the Loan Application in itself does not ensure sanction of the Loan by the Lender. The Lender at all times reserves its right to sanction or deny grant of the Loan to the Borrower which is determined by its internal credit approval policies and guidelines.
  3. Network Access and Device
    1. It is the Borrower’s responsibility for obtaining the data network access necessary to use the Services. The Borrower’s mobile network’s data usage rates and fees will apply for access or use of the Services from a wireless-enabled device.
    2. The Borrower is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and BizFunds Systems and any updates thereto. BizFunds does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

4) License

  1. Subject to Borrower’s compliance with these Terms, BizFunds grants the Borrower a limited, non-exclusive, revocable, non-transferable license in India to: (i) access and use BizFunds Systems through a computer system or other mobile communication device solely in connection with Borrower’s use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by BizFunds and BizFunds' licensors.
  2. Restrictions: The Borrower shall not: (i) use the Services except as expressly provided in these Terms; (ii) provide any third parties with access to the Services; (iii) use the Services to post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters; (iv) remove any copyright, trademark or other proprietary notices from any portion of the Services; (v) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BizFunds; (vi) decompile, reverse engineer or disassemble the BizFunds Systems or the Services; (vii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the BizFunds Systems or the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or BizFunds Systems or any other computer system including by introduction of any virus, trojan horses, worms, time bombs or such material; (viii) attempt to gain unauthorized access to or impair any aspect of the BizFunds Systems or the Services or its related systems or networks; or (ix) resale, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services (x) use BizFunds Systems or the Services to host, display, upload, modify, publish, transmit, update or share any information that (A) belongs to any other Person and to which Borrower do not have any right to; (B) 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; (C) harms minors in any manner (D) infringes any patent, trademark, copyright or other proprietary rights; (E) violates any law which is in force (F) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature (G) impersonates another person (H) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  3. BizFunds shall have the on-going right to monitor Borrower’s use of the Services to understand and analyse Borrower’s usage of the Services, to further improve and modify the Services and the BizFunds Systems and/or to determine Borrower’s compliance with these Terms.
  4. The Borrower understands that all User Generated Content, to the extent permitted by the BizFunds Systems, is the sole responsibility of the person from whom such User Generated Content originated. The Borrower therefore is solely responsible for any User Generated Content that it uploads, downloads, posts, emails, transmits, stores or otherwise makes available through its use of the Service or the BizFunds Systems. BizFunds does not control the User Generated Content used in the Service, nor does it guarantee the accuracy, integrity or quality of such User Generated Content. The Borrower understands and acknowledges that any Use of the Service and any User Generated Content is solely at its own risk.
  5. The Borrower is responsible for backing up, in its own computer or other device, any important documents, images or other User Generated Content that it stores or accesses via the Services. While BizFunds shall use reasonable skill and due care in providing the Services it does not guarantee or warrant that any User Generated Content the Borrower may store or access through the Services will not be subject to inadvertent damage, corruption or loss.

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