In consideration of Zenifi Labs Private Limited (herein after referred to as "Zenifi", which expression shall include where appropriate its affiliates, successors and assigns), the user agrees to be bound by these Terms and Conditions as amended, supplemented and or superseded by Zenifi from time to time

These Terms and Conditions/Terms of Service applies to any kind of loan including but not limited to following Loans:

1. Personal Loan

2. Vehicle Loan

3. Consumer Loan

4. Other Loans [viz. Gold Loan, Home Loan, Business Loan, Marriage Loan, Medical Loan]

These terms of use (hereinafter the "Terms") establish an agreement between Zenifi having its principal place of business atH. NO. 46/5, 8 Biswa, GURGAON, Gurugram, Gurugram, Haryana, 122015  and you and shall govern your use of Zenifi proprietary risk evaluation and measurement software system (“Zenifi System”) and the services set out in these Terms (“Service”) rendered by Zenifi.

Supplemental terms may apply to specific Services, for example, arrangements for a specific occasion, movement or advancement, and such supplemental terms will be uncovered to you regarding the appropriate Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental and/or amended terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Zenifi Labs Private Limited may, at its sole discretion, amend the Terms from time to time. Unless otherwise set out herein, amendments will be effective upon Zenifi’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

​

1. Eligibility/Condition Precedent

Zenifi may grant or continue to grant the loan to the borrower if the following conditions are fulfilled or continued to be fulfilled. If You are an individual you must be at least 18 years old. If You are a non-individual you must be duly authorized (by such non-individual entity) to agree to these Terms.

• You must be a solvent.

• Notwithstanding the aforesaid, you represent and warrant that you are capable of entering into these Terms and performing the obligations set out here under.

• You must be citizen of India.

• You must be a human being to enter into these Terms. Any use of Zenifi System by ‘bots’ or other automated tools or methods is not permitted under this Agreement.

• Your application form shall have been accepted by Zenifi in the manner as prescribed by Zenifi.

• All the required documents legal or otherwise as may be required by Zenifi, shall have been completed and signed to the satisfaction of Zenifi.

• All the primary and secondary evidence of the document as demanded by Zenifi must be duly furnished.

• There shall exist no potential event for default and all representations and warranties contained herein and in the application form and in the loan agreement or elsewhere shall be true.

• All other conditions precedent as Zenifi may require or impose have been fulfilled to the satisfaction of Zenifi or otherwise have been duly compiled with.
   

2. Account Set Up

• 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 Zenifi.

• You agree that you have provided from start and maintained 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 Zenifi Systems and/or the Services and/or the final referral for banking or financial that you seek or result in Zenifi’ termination of this agreement with you.
  Solely 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 Zenifi in writing, you shall only use and operate one Account with Zenifi. You acknowledge and agree that any misuse of your Account for reasons not attributable to Zenifi shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.

• You thus assent that any data put together by you for Account set-up might be utilized by Zenifi as per the security approach distributed at privacy policy which is deemed to be part of these Terms.
   

3. Service

• The Service establishes Your entrance to Zenifi System, the check of information you have given on the Zenifi entryway and assessment by Zenifi of your credit worthiness, and subject to Zenifi determining (in its sole and absolute discretion) that it is appropriate, your ability to submit an application (“Credit Facility Application”) for short term credit facility (“Advance”) to a duly licensed entity who has partnered with Zenifi (“Zenifi Partner”) and use of such other functionalities of Zenifi System as permitted by Zenifi. For the avoidance of doubt, Zenifi is under no obligation whatsoever to reveal to you (including your nominees, heirs and successors) its assessment of your creditworthiness at any point in time.

• You acknowledge that Zenifi allows You to submit a Credit Facility Application on the basis of a determination made by and in such formats, methodologies and algorithms in Zenifi Systems only.
  The Zenifi Systems undertake a dynamic evaluation of risk in relation to each Credit Facility Application submitted by You based on various factors including the amount of the Advance, the credit eligibility parameters and other requirements set out by the Zenifi Partner. Zenifi Systems may undertake a separate determination in relation to each Credit Facility Application made by you. Given the dynamic nature of the determination made by Zenifi Systems, You acknowledge that there is no assurance or guarantee that Zenifi shall allow You to submit a Credit Facility Application for each and every Advance that you seek to avail.

• You agree and accept that Zenifi or a Zenifi Partner may in its sole discretion, by itself or through authorized persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment details and obtain credit reports to determine creditworthiness from time to time.

• The Service does not guarantee that the Advance sought by You will be disbursed to You by the Zenifi Partner. Zenifi will make a preliminary determination of Your creditworthiness in relation to every Advance sought by You and submit its determination in this regard to the Zenifi Partner. The final decision on whether or not to grant You the Advance will rest with Zenifi Partner and will be made using Zenifi Partner’s credit decision processes and methodologies. Zenifi Partner is free to reject any recommendation made by Zenifi to it about processing of a Credit Facility Application or grant of Advance to You.

• Zenifi Partner will require You to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to You. When Zenifi Partner decides to grant an Advance to You, it shall require that You execute a loan/credit facility agreement (“Loan Documentation”) with it to record the terms of the arrangement.

• Repayment: You must repay the Advance along with all interest, charges and fees payable to Zenifi Partner in such manner as prescribed by Zenifi Partner as and when it becomes due.
  Services of Zenifi is only limited to connect you to the credit providers and the Services of Zenifi ends the moment the Zenifi Partner is connected to You / You are connected to the Credit provider.

• Separate Transactions: You acknowledge that an Advance disbursed under the Loan Documentation is a distinct transaction between You and Zenifi Partner, independent of Zenifi’ Service. Any dispute between Zenifi Partner and you with respect to any Advance disbursed to You, must be directly settled between Zenifi Partner and you and that you will not include or seek to include Zenifi in such dispute, failing which Zenifi shall be at liberty to take any and all actions that may be available to it to protect its interests.

• Collection Authorization: You agree to allow Zenifi to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law. You further permit Zenifi to use (a) any User Generated Content; and/or (b) other information which you have granted Zenifi access to, for the purposes of enabling Zenifi to send payment reminders to yourself or to other persons who can be contacted by Zenifi through you whether or not such other persons are users of the Zenifi System to the extent permitted under applicable law. You expressly permit Zenifi to use any or all of the information provided or generated by you for Zenifi’s collections agency services in respect of (a) any credit facility you may have availed from any credit issuing entity, irrespective of whether or not Zenifi facilitated the obtaining of such credit facility as provided for elsewhere in this Agreement; or (b) any credit facility availed of by a third party from any credit issuing agency where Zenifi’ analysis determines that the information you have provided to Zenifi will enable it to contact such person by either (i) deriving contact information for such third party from the information provided by or generated by you and then contacting them directly; or (ii) by contacting you and requesting if you will be willing to share contact information for such third party or by requesting you to inform such third party that Zenifi is attempting to contact her/him.

• Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your internet network providers (be it mobile network or fixed line) data usage rates and fees will apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Zenifi Systems and any updates thereto. Zenifi 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.

License

Subject to your compliance with these Terms, Zenifi grants You a limited, non-exclusive, revocable, non-transferable license in India to: (i) access and use the Zenifi Systems through your PC Framework or other portable specialized gadget solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Zenifi and Zenifi’s licensors.

 

Restrictions

You may not :

• Use the Services except as expressly provided in these Terms.

• Provide any third parties with access to the Services.

• Use the Services to post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters.

• Remove any copyright, trademark or other proprietary notices from any portion of the Services.

• 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 Zenifi.

• Decompile, reverse engineer or disassemble the Services

• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Zenifi Systems or any other computer system including by introduction of any virus, Trojan horses, worms, time bombs or such material.

• Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

• Re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services.

• Use the Services to host, display, upload, modify, publish, transmit, update or share any information.

• Belongs to any other Person and to which you do not have any right to;

• Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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 manner

• Infringes any patent, trademark, copyright or other proprietary rights;

• Violates any law which is in force

• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature

• Impersonates another person (H) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

• Zenifi shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with the terms of these Terms.

User Generated Content

You understand that all User Generated Content, to the extent permitted by the Zenifi System, is the sole responsibility of the person from whom such User Generated Content originated. This means that you, and not Zenifi is solely responsible for any User Generated Content you upload, download, post, email, transmit, store or otherwise make available through your Use of the Service. Zenifi 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. You understand and agree that your Use of the Service and any User Generated Content is solely at your own risk.

User Generated Content means any information that may be generated or encountered through your 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.

You shall not use the Services to upload, download, post, email, transmit, store or otherwise make available any User Generated Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, pornographic, explicit, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.

You are responsible for backing up, to your own computer or other device, any important documents, images or other User Generated Content that you store or access via the Service. Zenifi shall use reasonable skill and due care in providing the Service, but Zenifi does not guarantee or warrant that any User Generated Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
 

4. Limited Warranty

• You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering in to this agreement You have chosen to use the security measures provided by Zenifi even though other security measures are available. While Zenifi uses industry standard information security measures to protect the Service from viruses and malicious attacks, Zenifi does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Zenifi disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite Zenifi using the information security measures. Zenifi warrants that, during the term of this agreement, Zenifi will employ commercially reasonable system security measures. Except as expressly set forth in this section, Zenifi makes no representation, warranty, covenant or agreement that its security measures will be effective and neither Zenifi nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or Zenifi’ computer servers, unless caused by the wilful misconduct or gross negligence of its employees.

• The Services are provided to you on an “as-is” and “as available basis”. Zenifi is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services. Zenifi does not represent that the Services will meet your requirements or that operation of the Services will be uninterrupted or error free.

• You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage.

• Zenifi and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors hereby disclaims and expressly waives all other, conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Zenifi or third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted use or of non-infringement except to the extent expressly provided above (limited warranty). In particular, Zenifi and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements. (ii) your use of the service will be timely, uninterrupted, secure or error-free.
   

5. Confidential Information

• In course of your dealings with Zenifi, either party may share and provide the other with access to its confidential and Proprietary Information (“Confidential Information”). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The receiving party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agree to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the disclosing party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.
   

6. Limitation of Liability

• IN NO EVENT SHALL ZENIFI BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, OR REVENUES, LOSS OF OPERATION TIME, INCREASED COSTS OR WASTED EXPENDITURE, LOSS OF GOODWILL OR REPUTATION, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS AGREEMENT;
   

7. Indemnity

You shall defend, indemnify and hold harmless Zenifi, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against Zenifi by third parties alleging that

• Your use of and access of the Service.

• Your violation of these Terms.

• Your violation of any third party right, including without limitation any copyright, property, or privacy right of Zenifi’ service providers or Partner.

• Any claim that the User Generated Content you submitted caused damage to Zenifi or Zenifi’ Partner.

• Any rules that are mandated by the central bank of India and any other central or state rules, laws, bylaws or regulations applicable to the Services hereunder to be followed. Your indemnification obligation under this Section 8 will survive termination of this Agreement and Your use of the Services.
   

8. Privacy

You understand that by using the Service, you consent and agree to the collection and use of certain information about You and your Use of the Service in accordance with Zenifi’ Privacy Policy and these Terms. Zenifi’ Privacy Policy applies to all Your information collected under these Terms. You further understand and agree that this information may be transferred to the other countries for storage, processing and use by Zenifi, its affiliates, and/or their service providers in accordance with applicable law.
 

9. Assignment

You shall not assign this Agreement [without the prior written consent of Zenifi].
 

10. Arbitration and Governing Law

Irrespective of Your international placement the Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Gurgaon, India.
 

11. Notices

All notices and other communications made or required to be given under this Agreement shall be in writing and shall be deemed given upon receipt when sent through

• Personal service, to the address specified below:
  Zenifi Labs Pvt. Ltd.
  H. NO. 46/5, 8 Biswa, GURGAON, Gurugram, Gurugram, Haryana, 122015 

• Registered post acknowledgement due, or
  Zenifi Labs Pvt. Ltd.
  H. NO. 46/5, 8 Biswa, GURGAON, Gurugram, Gurugram, Haryana, 122015 

• email – support@zenifi.in
   

12. Severability

If any of the terms, conditions or provisions contained in this Agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law under the lawful circumstances.
 

13. Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorized signatory of the waiving party.
 

14. Force Majeure

Zenifi will not be liable to the other for failure or delay in the performance of Services, if such delay or failure is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
 

15. Credit Card & Other Financial Services

The user acknowledges and agrees that Zenifi being an aggregator, will have the right to pass the leads of the interested users to partnered brands associated with Credit cards and other financial products, once the user shows interest in the service. The user further agrees to receive communications through calls/SMS/emails/other modes of communication from the partnered banks Such as Standard Chartered, HDFC, SBI, ICICI, Axis, Kotak, PNB, BOI, BOB, Indusland, Yes Bank etc, and other financial institutions regarding the credit card and other financial services. Our partnered brands have the authority to call the concerned user and help in getting the service approval based on the eligibility. All financial institutions and banks have the right to retain and use your information as required.

In this context, you agree and consent to receive all information/reports/statements/announcements at the communication mode given by you.
 

17. Entire Agreement

These Terms along with any supplementary terms or appendage as may be prescribed by Zenifi/Zenifi Partner constitute the entire agreement between the parties pertaining to the subject matter contained herein and any addition to this or any other written or oral agreements existing between the parties or modifications to these terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by Zenifi.

Zenifi is solving the fundamental problem of providing to the fingertips a quick, convenient and transparent access to credit in India.

Any modifications to these terms and conditions shall be updated on this page of Zenifi with the date of update, you shall be required to visit the Terms and Conditions and acquaint yourself with the Terms and Conditions from time to time and Zenifi shall not be liable to intimate you upon any update or modification of hereunder.
 

This Terms and conditions was last updated on: 16 Dec 2023