Terms and Conditions
Yuvaraj Finance Private Limited (“Yuvaraj”) is a registered NBFC (Non-banking Financial Company) and the owner of the internet resource yuvalms.in as well as the mobile application by the name Yuva, through which it offers financial products and services (“Platform”).
PLEASE READ THE TERMS AND CONDITIONS (“TERMS” or “T&C”) CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE USER, AND YUVARAJ.
BY ACCESSING PRODUCTS OF YUVARAJ AND/OR USING THE INFORMATION OR SERVICES PROVIDED BY YUVARAJ THROUGH THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These T&C are published in compliance of and shall be governed by Indian law, including but not limited to:
- The Indian Contract Act, 1872;
- The Information Technology Act, 2000, the rules, regulations, guidelines and clarifications framed thereunder including the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Information) Rules, 2011, and the provisions of rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011;
- The Payment And Settlement Systems Act, 2007 and applicable rules, regulations and guidelines made thereunder;
- Reserve Bank of India Act, 1934;
- Digital Lending Guidelines issued by the Reserve Bank of India (“RBI”) and other applicable rules, regulations and guidelines issued by RBI.
This Terms & Conditions is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This Terms & Conditions does not require any physical, electronic or digital signature.
This Terms & Conditions is a legally binding document between You and Yuvaraj.
GENERAL TERMS OF USE
1. For the purpose of these Terms of Use, wherever the context so requires-
a) “You/Your”, “Customer” or “User” shall mean any natural or legal person who has accepted these Terms.
b) “Yuvaraj” shall mean Yuvaraj Finance Private Limited.
c) “Loan” shall mean various lending product offered by Yuvaraj through the Platform to the Customer on the terms and conditions agreed with the Customer.
2. You understand that Loan, if approved, shall be granted by Yuvaraj.
3. These Terms & Conditions and all applicable T&C including Sanction Letter, KFS, Loan Agreement etc, as the case may be (“Definitive agreement”), issued by Yuvaraj shall govern your rights and obligations as a Customer for the Loan availed from Yuvaraj.
4. Your access to and use of the Platform and our loan services/products available on the Platform or otherwise (“Services”) are conditional upon your acceptance of and continuous compliance with these T&C at all times.
5. Loan can be availed only by the Indian Citizen and who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to avail Loan.
You hereby unequivocally declare and agree that You are a natural who has attained the age of at least 22 years, who is legally allowed to enter into a contract in India, and you are allowed to utilize the Services through the Platform in accordance with the T&C hereinafter. Yuvaraj may terminate the User’s membership, delete his/her profile and any content or information provided online by the User in the Platform and / or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if Yuvaraj believes that the User is not eligible to avail the Services.
6. You agree that the personal information such as name, address, contact number, bank account information, financial / transactional details etc. (“Personal Information”) You provide to us upon registration and at the time of availing the Loan and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete.
7. You hereby agree and acknowledge that You read, understood, and accepted Privacy Policy of the Platform, that applies to information we collect when You access or use our Platform and regulates collection, storing, use and transfer of information shared by the User.
8.You hereby agree and acknowledge that upon availing a Loan all the terms and conditions mentioned in these Terms and Definitive agreement shall be applicable.
9. You hereby consent to receive various loan offers or promotional schemes provided by Yuvaraj from time to time by phone calls, SMS, WhatsApp, electronic mails or through any other mode of communication. You further consent that Yuvaraj and/ or his authorised representative/agent may communicate with You either by phone calls, SMS, WhatsApp, electronic mails or through any other mode of communication available for the purpose of sending or discussing the current status of You Loan(s), account activity or reminder/ collection of any dues in respect of any loan or for any matter related to the loan(s) and such phone calls, SMS, etc., shall not be covered under the purview of “Do Not Disturb” policy of the Telecom Regulatory Authority of India (TRAI).
10. To avail Loan, fulfilment of KYC norms and submission of necessary information with Yuvaraj is mandatory. In case You have submitted your KYC with Yuvaraj, then your KYC may be shared with its business partners for loan related services.
11. You hereby give your explicit consent to Yuvaraj and/or its partners to check your credit bureau information and use the same whenever its required and do necessary reporting to credit bureaus, as and when required.
12. You understand and acknowledge that your loan application is not the guarantee of the loan approval or disbursal and the same shall be at the absolute discretion of Yuvaraj only.
13. You authorize Yuvaraj to share all or any of your information with any statutory/ regulatory authority, as appropriate or its group company(s) or its authorised service providers or to its business partners from time to time.
14. You hereby consent for receiving information from Central KYC Registry through SMS/Email on the registered number/email address.
15. You hereby understand and acknowledge that in the loan process, You will be redirected to the bank account statement fetching partner, and your account statement will be used to assess your Loan application.
16. You agree to provide e-NACH / other mandate favouring Yuvaraj for collections account as may be instructed by Yuvaraj. You shall not close your bank account or withdraw the e-NACH / other mandate without prior intimation of 30 days to Yuvaraj in writing and in case such an banks account is closed, You shall substitute suitably substitute e-NACH / other mandate as directed by Yuvaraj.
17. Changed Terms: Yuvaraj shall have the right at any time to change or modify the terms and conditions, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting in the Platform, or by electronic or conventional mail, or by any other means by which You obtain notice thereof.
PROHIBITED USE
You shall not use the Platform and/or Services for any purpose that is unlawful or prohibited by these T&C or by any applicable law, statue, ordinance and/or regulation.
You hereby agree and confirm that you shall not:
- use our Services except as expressly provided in these T&C and Definitive Agreement;
- provide any third parties with access to your Platform account;
- use the Platform and/or 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 Platform;
- 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 us;
- decompile, reverse engineer or disassemble the Platform;
- 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 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 our Services, lease, time-share, lend or rent it;
- use the Platform to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to any other 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 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;
- 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.
MISCELLANEOUS
Once entered into Definitive Agreement, You shall execute all documents and amendments and shall co-operate with Yuvaraj as required by Yuvaraj (i) to comply with any RBI guidelines / directives or (ii) for giving Yuvaraj full benefit of rights under the Definitive Agreement. Without prejudice to the aforesaid You hereby irrevocably consent that on your failure to do so, such changes shall be deemed to be incorporated in the Definitive Agreement and shall be binding on You.
You herby expressly recognize and accept that Yuvaraj shall, without prejudice to its rights to perform such activities itself or through its office employees, is entitled and has full power and authority so to appoint one or more third parties (hereinafter referred to as “Service Providers”) as Yuvaraj may select and to delegate to such party all or any of its functions, rights and power under these T&C and Definitive Agreement relating to the sourcing, identity and verification of information pertaining to You, administration, monitoring of the Loan and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting You, etc., in favour of Yuvaraj.
You hereby authorize Yuvaraj and/or Service Providers to verify all information and documents including, income proof documents, residence documents, address proof documents, identity documents and other such documents containing personal and financial information as are submitted by You through the Platform for obtaining any Loan and You also consent to subsequent retention of the same.
You hereby authorize Yuvaraj and/or Service Providers to undertake your KYC verification by Aadhar e-KYC or otherwise and undertake all such actions as may be required on your behalf or otherwise to duly complete the process of such verification including by way of Aadhar e-KYC and share such information with any authority and store such information in a lawful manner.
WAIVER
Yuvaraj’s failure to exercise or delay in exercising any right, power, privilege, or remedy under these T&C will not operate as a waiver or acquiescence, nor will any single or partial exercise of any right, power, privilege or remedy prevent any further or exercise of any other right, power, privilege or remedy.
SEVERABILITY
You hereby acknowledge that each of your obligations under these Terms and Definitive Agreement are independent and severable from the rest.
GOVERNING LAW AND JURISDICTION
These T&C shall be governed by and construed in accordance with the laws of India.
All disputes, differences and / or claims arising out of these Terms or as to the construction, meaning or effect hereof or as to the right and liabilities of the parties shall be settled by arbitration in accordance with the provision of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai. Additionally, at the discretion of the Yuvaraj any dispute may be settled by: (i) any court, or (ii) any Lok Adalat, or (iii) other respective dispute resolution body.
ASSIGNMENT
You shall not be entitled to jointly or severally transfer or assign all or any of your rights or obligations or duties under the T&C to any person directly or indirectly or create any third party interest in favour of any person.
Yuvaraj shall be entitled to sell, transfer, assign or securitise in any manner whatsoever (in whole or in part and including through grant of participation rights) all or any of its benefits, right, obligation, duties and / or liabilities under these T&C, without the prior written consent of, or intimation to the Customer in such manner and such terms as Yuvaraj may decide. In the event of such transfer, assignment or securitization, the Customer shall perform and be liable to perform its obligation under the T&C to such assignee or transferor.
INDEMNITY
You hereby indemnify, defend and hold Yuvaraj, its employees, representatives and consultants harmless from time to time and at all times against any liability, claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable attorney’s fees and expenses) as a result of or arising out of any failure by You to observe or perform any of the terms and conditions and obligations contained herein and/or in Definitive Agreement or the exercise of any of the rights by Yuvaraj under these Terms and/or Definitive Agreement, including for any enforcement of security or recovery of your dues.
Acceptance:
By clicking “I accept”, the You hereby electronically sign these T&C and agree to be legally bound by its terms. Your acceptance of these T&C shall constitute: (i) your agreement to irrevocably accept and to be unconditionally bound by all the terms and conditions set out in these T&C and Privacy Policy; and (ii) your acknowledgement and confirmation that these T&C along with the Privacy Policy have been duly read and fully understood by You.