Copyright © 2015 Rosh Capital Advisory Pvt. Ltd.
This website ("Site") and its contents ("Content") is the property of Rosh Capital Advisory Pvt. Ltd.


USER AGREEMENT

The following are terms of a legal agreement ("Agreement") between you and Rosh Capital Advisory Pvt Ltd (‘Rosh’) (or its affiliates) that sets forth the terms and conditions for use of this Site.

This Site is being provided to you expressly subject to this Agreement. By accessing or browsing through this Site you acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Agreement and to comply with all applicable laws and regulations.

Rosh reserves the right to amend this Agreement at any time and may not notify you of any such changes. You should check this Agreement on the Site on regular basis for any changes. All changes shall be effective upon posting.

None of Rosh, its parent, Rupaiya exchange, any of its affiliates, or their representatives, officers, directors, employees, agents, contractors or licensors ("Rosh parties") guarantees accuracy, adequacy, correctness, reliability, completeness or usefulness of any of the content and the Rosh parties disclaim any liability for errors or omissions.

This Site and all of its content is provided on "as is" and "as available" Basis; without any warranty, either express or implied. Additionally there are no warranties as to the results of your use of the content.

The Rosh parties do not warrant that this Site is free of viruses or other harmful components.

You agree that the Rosh parties can communicate with you through, and not limited to, mail, SMS, or telephone.

The Rosh parties may discontinue or make changes in the content and the Site at any time without any prior notice to you or any liability to you.

The Rosh parties reserves the right to terminate any or all of the Site offerings or transactions without prior notice to you. The Site could contain technical inaccuracies or typographical errors. Use this site at your own risk.


General

Rupaiyaexchange.com and its Content is the property of Rosh.

It is a platform that connects individual who need money and individual who want to invest money. Users (both Borrowers and Lenders) are advised to use their discretion when borrowing or investing via this platform. The diligence of the Borrower is the sole responsibility of the Lender.

All transactions happen between Borrower and Lender through a formal legal agreement and RupaiyaExchange or Rosh does not guarantee or is responsible for any returns with respect to this agreement or such transaction.

None of the Rosh parties either act as advisors, financiers, intermediaries, agents or are parties to any contract between the borrower and lender. Rosh parties do not accept any deposits or give any advances and do not do any such activities that are governed by RBI or under definition of Financial Institution

P2P lending consists of risks and borrower and lenders should transact with caution. We advise you to use this option as only part of your investment diversification and return maximisation strategy.

All lenders should diversify their lending among different borrowers to minimise their probability of losses due to default

The credit rating provided on this Site is only recommendatory in nature. While we have used utmost care in assigning the rating it is advisable that lenders do their thorough diligence and ask as many questions as possible to the borrowers before committing. Rosh parties shall not be liable to disclose the rating criteria

You/Your shall mean natural or legal person who is at least 18 years of age and could legally enter into the contract in India and could use the service provided on Rupaiyaexchange.com in accordance with the terms and conditions.


Privacy and Security Policy

Rosh understands and values the privacy of the users of our website i.e. rupaiyaexchange.com. Your trust and credibility is very important to us and we will protect your personal information that we collect when you use the website and services offered on rupaiyaexchange.com. We will not share your personal information with anyone other than those listed in our privacy policy. If you have any query related to privacy policy, please contact us at [email protected] or 011-41315585 (Mon-Fri between 9AM – 5PM)

Rupaiya Exchange collects personal information that you provide to us while applying for a loan on the website such as your name, mailing address, phone number, email address and sensitive data/information such as credit card number, pan number, tan number, ITR (Income Tax Returns), bank account number, driving license details, personal statements, reasons for seeking finance, income sources and financial information and non-personal information such as your ISP, IP address, operating system which cannot be used easily to identify you.

We use cutting edge technologies to record non-personal information such as Internet domain and host name, IP address etc.


Disclosure to Third Parties

Upon acceptance to these Terms and Conditions, you hereby grant absolute consent to share your personal information (but not your sensitive data) with third parties. Rupaiya exchange is not required to seek your consent again to share your personal information with third parties.

The lenders have the right to seek such information that would help them complete their diligence for the purpose of investments.

We shall keep your personal information and sensitive data/information private and confidential. We may disclose your personal information to third party service providers and/ or online partners. For example we use third party i.e. Pay U Money to proceed payments made to us and may subcontract out production, fulfilment, analytics, reporting or other operations. We cannot guarantee that such third parties will not disclose your Personal Information.

Rupaiya Exchange can share personal information of a user with the credit rating agencies or with other parties as per RBI guidelines or direction or any other guidelines in this regard.

In certain statutory matters we may be forced to declare/ provide your Information to statutory bodies of other individuals/ agencies representing such bodies

You shall be solely responsible for providing us with accurate Information. Any inaccurate, incorrect, misleading Information shall lead to your disqualification from such site and other actions as contemplated from time to time.


Right to rectify information and cancel funding

Rosh parties reserve the right to verify the accuracy of all information provided by borrowers and lenders, lender commitment and loans

We reserve the right cancel, delay or reject any borrower, lender, lending commitment or loan at any time if we find the information provided by you is inaccurate, inconsistent, and non-reliable or does not meet our internal criteria without giving any reason or rationale for the same.

When a listing receives commitments equal to or exceeding the amount required for the loan to fund, we may conduct a pre-funding and physical verification check. We may at any time and in our sole discretion delay or cancel the funding of the loan to either check the authenticity of the borrower or lender or in case we feel that the likelihood of borrower defaulting the loan has materially increased in due course.

The borrowers may be rated according to the payment performance of the borrower


No Guarantee

None of the Rosh parties warrants or guarantees that your listing will be matched with any lender commitments or that you would receive a loan because of your listing


Collection and reporting of delinquent loans

In the event the borrower does not repay the loan the lender or its representatives will have the rights as applicable and as allowed by Indian statutory bodies to collect such loans. The lenders shall be solely responsible for all such actions.

Rosh parties shall have the right to publish the names of such individuals on this Site and all social tools/ websites without any liability.

Further such loans may be referred to collection agencies for collections in accordance with applicable rules.

Rosh or its agencies may also report loan payment delinquencies to credit rating agencies in accordance with applicable laws.

Subject to limitations of applicable laws, you authorise and agree that Rosh parties or its agencies may contact you and do all such acts to recover the loans.


Limitation of liability

Under no circumstances would the Rosh parties be liable for any damages including General, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitations, lost profits or business interruptions) of any kind whether in action or in contract suffered due to use of this Site or its content including but not limited to listing, loan, commitments, Repayments etc. or in connection with any failure of performance, error, omissions, interruption, defect, delay in operation or transmission, computer virus online or system failure even if Rosh parties are advised of the possibilities of such damages, losses or expenses.

The Rosh parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for Dissatisfaction is to stop using this Site.


Indemnification

You agree to indemnify and hold harmless Rosh parties from and against all claims, losses, expenses, demands or liabilities, including lawyer fees and costs, incurred by Rosh parties in connection with any claim by a third party.


Termination

This Agreement is effective until terminated by Rosh. Rosh may terminate this Agreement at any time without any notice, or suspend or terminate access use of the Site at any time with or without a cause or notice.

Note that provisions with respect to indemnification, limitation of liability shall survive even after termination of this Agreement.


Others

Guarantor for a loan approval is necessary and a guarantor cannot be an existing borrower.

All loans are given on non-transferable basis and cannot be assigned, transferred, sub licensed or otherwise be delegated to any other person without Rosh prior written consent.

In all cases if a lender fails to honour his/ her commitment (once a bid is accepted) Rosh parties are allowed to terminate the lender’s account and all his transactions and also publish his/ her name on the Site and other social media platforms.

All loans are of fixed rate, unsecured, fully amortizing with simple rate of interest (flat).

These terms and conditions apply to all the user of this Site. By using this Site (other than to read this T&C for the first time), user agrees to comply with all of the terms and conditions hereof. The right to use Rupaiya Exchange is personal to the user and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any.

Rupaiya Exchange reserve all the rights to discontinue or modify any of the terms and condition without prior notice to you and you shall be bound by such modifications at all times.


Applicable Law

The Agreement and all agreements between Rosh and you shall be governed by laws of New Delhi, India All agreements entered shall be subject to this Agreement