Fatakpay18

The following general terms and conditions (“User Terms”) govern ad manage the access or use by you (“Customer”, “ you”, “ your”, “user”) of the Services (defined below) on the FatakPay Mobile and web-based applications (“Mobile and web-based applications”) provided by FatakPay DIGITAL PRIVATE LIMITED ( “FatakPay”, “ we”, “ us” or “ our”), a company established under the laws of India, having its registered address at [FatakPay Digital Private Limited, Technopolis knowledge park, Office No 1, Ground Floor, Mahakali Caves Road, Andheri(East), Mumbai, Maharashtra 400093]. Your access and use of the Services constitute your agreement to be bound by these User Terms, which establishes a contractual relationship between you and Us. If you do not agree to these User Terms, you may not access or use the Services. In addition to these User Terms and the Privacy Policy, you shall continue to be bound by the terms of the Loan Agreement as entered into at the time of registration on the Mobile and web-based applications. All three documents shall at all times be read and interpreted in conjunction with each other.1

1. Acceptance of Terms

1.By accessing this website, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use this website.

2.The term “User” shall mean any individual or entity as approved by Us to use the Services of provided and detailed herein.

3.The term “You / Your” refers to the User of the Services.

4.General Definitions:
Credit Facility” means, any funds lent to the user for his personal or business expenses through the facilitation on the Mobile and/or web-based applications.

"Total Dues” means the total amount payable for the repayment by the User under the Credit Facility as facilitated on the Mobile and/or web-based applications.
"Transaction” means the purchase of goods and services, transfer of funds or any debits or credits by you via payment solutions as provided on the Mobile and web-based applications.
“Transaction Information” shall mean information that is obtained via text messages sent by providers of services and/or products (including but not limited to a bank and/or NBFC, mobile carriers, and utility companies) to your mobile telephone number(s) in connection with one or more Transactions across multiple financial accounts (including purchase, payments, billing information and service notifications related thereto), which includes but not limited to your phone number, services availed, payment options availed and Transactions undertaken via the Mobile and web-based applications.
“KYC” means verification of the customer or such other verification process which are undertaken by us in accordance with the Reserve Bank of India norms or may be deemed necessary by us from time to time.
“Payment Option” shall mean the unified payment interface and any other feature as provided from time to time to avail the Credit Facility offered on the Mobile and web-based applications.

By availing the Services:

You agree to be bound by the terms and conditions of these User Terms, including all rules, guidelines policies, terms and conditions applicable to the Services, as may be modified by FatakPay from time to time without any prior intimation; and
You consent to receive communications, notices and information from us through post or any other physical medium or electronically (through SMS, WhatsApp, emails, phone calls and automated phone calls). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number/details provided by you or any other third party during the sign-up process as per our records, or when we post the electronic communication on the Mobile and web-based applications. Similarly, an SMS or a WhatsApp message shall have been deemed to be delivered to you as and when the same is sent from our end on the mobile number as registered by you on the Mobile and web-based applications.

6. FatakPay reserves the right to amend, add or remove portions of these User Terms, from time to time, without notice to you by posting revised User Terms on the Mobile and web-based applications. It is hereby clarified that you shall be responsible for reviewing these User Terms periodically and keeping yourself updated with any changes. Once posted, those changes are effective immediately, unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended User Terms. However, if you do not agree with the changes, please avoid using the Services or submitting information to FatakPay.

2. USER ELIGIBILITY

1.The access to the Services is strictly reserved only for persons who are competent to enter into legally binding contracts as per Indian Contract Act, 1872. If you access the Services, you, as a User, represent to FatakPay that you are at least 18 years of age and competent to enter into legally binding contracts as per the Indian Contract Act, 1872.

2.To access the Services, you are required to create a profile (“ Profile”) on the Mobile and/or web-based applications. To create a Profile, you must provide us with your photo ID proof, Address proof, Ration Card, Utility proof, PAN, Aadhar and registered mobile phone number which shall inter-alia be used to authenticate your identity.

3.You also represent that you are an Indian National and a tax resident of India.

4.It is hereby clarified that FatakPay reserves the right to provide the Services to only those Users who are both competent to enter into legally binding contracts, have made the representations as provided above and also fulfil all the conditions as required by our internal policy for a user to be eligible to use our services, the internal policy for eligibility will be determined solely by us from time to time. FatakPay reserves the sole right to change, modify, add or remove in whole or in part, the internal policy in relation to the provision of the Services at any time without any prior written notice of intimation to the Users and we shall have the right to not entertain any request in relation to the same from the Users towards such Services without assigning any reason.

3.Governing Law

You agree to receive communications from us regarding:

information on transactions conducted and recorded on Mobile and web-based applications;
information about FatakPay and its Services;
promotional offers and services from us and our third-party partners; and
any other matter in relation to the Services.

3.Governing Law

1. To use the Mobile and web-based applications and avail services, you are required to allow us access to your location data, transactional SMSs, transaction WhatsApp messages, installed applications, storage, one-time access to your gallery and contacts, and any other such device data that we may require to provide you with our Services. If you revoke any of the required permissions on the Mobile and web-based applications, you may not be able to avail the Services. You agree and understand that all information/data collected and used by us shall be in accordance with our privacy policy.

1.In order for us to render the relevant Services to you and undertake KYC, you will be required to provide us with the following details:

Your name (as provided in the PAN card);
Aadhar number;
Proof of residence as provided in Aadhar card;
Access to KYC information;
Bank statements
PAN or any other document that may be required from time to time in accordance with the requirement of the law.

2In addition to any consent, you may give pursuant to the Privacy Policy, you hereby grant us consent to:

Retrieve your credit score from credit information companies for the purpose of evaluating your eligibility for a Credit Facility;
Access data from your employer, if applicable;
Retrieve your credit score in order to recommend appropriate credit products/services to you on Mobile and web-based applications;
Sharing the Transaction Information with our Affiliates; and
Subject to applicable laws, permit your employer (if applicable) to deduct from your monthly salary such amounts as may be due to us and forward the same to us.

3.In addition to any consent, you may give pursuant to the Privacy Policy, you hereby grant us consent to:

Retrieve your credit score from credit information companies for the purpose of evaluating your eligibility for a Credit Facility;
Access data from your employer, if applicable;
Share your details with our NBFC partners providing the credit facility;
Sharing the Transaction Information with our Affiliates; and
Subject to applicable laws, permit your employer (if applicable) to deduct from your monthly salary such amounts as may be due to us and forward the same to us.

5. SERVICES

1.The Services provided by us include but not limited to