For the purpose of these General Terms and Conditions, wherever the context so requires, “You” (with the term “Your” or “Yourself” being construed accordingly) “Customer(s)” or “User(s)” shall mean any natural or legal person who has accessed, or uses for any financial transaction or avails the services of Flexmoney, or it partners with us as a person or business entity for any business purposes or surfs the Platform or makes any transactions with or without registering on the Platform. Unless explicitly mentioned hereunder, the term “Flexmoney”, “We”, “Us” & “Our” shall mean Flexmoney Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered address at B- 404\405, Rustomjee Central Park, Andheri Kurla Road, Andheri East Mumbai -400059, Maharashtra hereinafter.

This document is published in accordance with the provisions of the Digital Lending Guidelines 2022 (as regulated by RBI), Digital Personal Data Protection Act 2023, Information Technology Act, 2000 and rules thereof that require publishing the rules and regulations, privacy policy and user agreement for access or usage our website or the platform accessed through redirection from merchant portal/page/app/payment link or via InstaCred web page.

The Platform is published and maintained solely by Flexmoney. On the Platform, Users will find digital content, including but not limited to details about our Products and Services, options to register as a customer of Flexmoney, Business Partner and/or any application programming interface or domains/interface of our Business Partners (lending partner or merchants or vendors or any other entity associated with Us) or their subdomains and/or any mobile application, which are licensed, and/or purchased, and/or developed, and/or owned by Flexmoney. When the User accesses browses or uses our Platform, User accepts, without limitation or qualification, the terms and conditions set forth herein below. You hereby declare that You understand and accept these General Terms and Condition to be the legal equivalent of a signed, written contract and to be similarly binding by accessing, viewing, or using the content and functionality on the Service. You also affirm that You accept these General Terms and Condition and agree to be bound by them. YOU MUST CEASE USE OF THE SERVICES, VISIT THE WEBSITE OR USE OUR PLATFORM IF YOU DISAGREE WITH ANY PORTION OF THESE GENERAL TERMS AND CONDITION, AND MAY CONTACT US.

DEFINITION: All the defined and capitalized terms in these General Terms and Condition (“T&C”) will have the meaning assigned to them below:

• a. "Lending Partner" shall mean any of Flexmoney’s partner lending institutions that underwrite the credit provided via the InstaCred service.
• b. "InstaCred" shall refer to the services provided by Flexmoney's platform to You on behalf of our Business Partners, including but not limited to the activation, utilization and management of the digital credit line offered to You by such lending partners, which enables You to make successful transactions at merchant’s shop, website and mobile based application in online or offline form.
• c. "Merchant" shall mean a third-party company, person, organisation or entity, selected on the terms identified by Flexmoney and the Lending Partner, which sells products and/ or services online to You.
• d. "Platform" shall mean the website of Flexmoney, Instacred, or the technology platform build by Flexmoney to provide services to its customer and/or any application interface operated or controlled by Flexmoney which is accessed by a Customer.
• e. "Product" shall mean any goods or items offered to sale or sold by the Merchant.
• f. "Services" shall mean the instant credit facility provided by Flexmoney’s Business Partners and/or any services availed by you through our Platform.

PROPRIETARY RIGHTS: All material contained on the Platform is protected by law. Removing or altering the copyright notice on any material on this website and Platform is prohibited. Flexmoney also owns a copyright in this Platform as a collective work and/or compilation and in the selection, coordination, arrangement, organization, and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of Flexmoney. Flexmoney owns the copyrights, and someone else cannot make a copy or use it without the permission of Flexmoney. If any person or a company uses our copyrighted material, they shall face legal action as per the law. These TnC’s constitute the entire agreement between You and Flexmoney concerning Your use of the Services. You acknowledge that, in providing You access to the Platform and use of the Services, You are legally bound by these General Terms and Condition.

PRIVACY STATEMENT: Flexmoney has a privacy statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Click here to view our Privacy Policy

USE OF INFORMATION SHARED BY YOU: You hereby agree and irrevocably authorizes that we have the right to:

Use for our own purposes, any data or/and information shared by You in connection with the Service available on or provided through our Platform and/or pass on such information to any other partnered companies or selected third parties for the fulfilment of Service. Retain all data or/and information shared by You while using the Service or to be associated with us on our Platform for the exclusive use of Flexmoney. All such data and information shall remain in our records and databases as the exclusive property of Flexmoney, at all times. By entering Your mobile number on our Platform, You give express consent to Flexmoney and its partners, vendors and sub-partner, sub vendor to send alerts, promotional SMS and promotional calls, irrespective of whether the same is on the do not disturb list or any other related data base. You further agree that we may share the recording/logs/consent of Yours of the aforementioned alert, SMS or call, with concerned agents, partners, vendors, and sub-partners and we also have the right to share the same with a service provider and/or any statutory/regulatory authority if required.

LINKS TO OTHER SERVICES: Our Platform may, from time to time, contain links to other internet web services for Users to locate any of our partners services, information, or services that may be of interest. These other internet web services are maintained by organizations over which Flexmoney exercises no control. Flexmoney disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web services. Flexmoney does not control, endorse, promote, or have any affiliation with any other web service unless expressly stated herein. The Business Partner’s website is solely controlled and managed by the Business Partners.

DISCLAIMER OF WARRANTY AND LIABILITY: Use of this Platform and Services is entirely at Your risk. Neither Flexmoney nor its directors, executives or employees are responsible for the consequences of reliance on any information contained in or submitted to the Platform. These materials are provided without warranty, either express or implied. Flexmoney shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including, without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials.

CORRECTIONS AND CHANGES: While we endeavour to keep the Platform up to date, Flexmoney cannot assume responsibility for any errors or omissions in the same. Flexmoney further does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained on the Platform. Flexmoney may change these materials, or the products or Services described herein at any time without notice and does not commit to updating the information contained herein. We reserve the right to terminate Your access to the Services if You violate the TnC’s or for any reason.

INDEMNIFICATION: You agree to defend, indemnify, and hold Flexmoney, its officers harmless. All our respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from Your use of the Services and any breach by You of these TnC’s.

JURISDICTION: This TnC’s shall be governed by and construed following the laws of Mumbai, Maharashtra without reference to its choice of law rules and nowhere else. This Platform is controlled and operated by Flexmoney from its offices in Mumbai, Maharashtra. Flexmoney makes no representation that materials in the Service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so of their own volition and are responsible for compliance with applicable local laws.

BREACH: In the case of any violation of these General Terms and Conditions, Flexmoney reserves the rights to seek all remedies in law and in equity for such violation. If there is a conflict between General Terms and Condition and the additional terms hosted by any of our partners, clients, vendors, the terms and conditions of our Business Partner(s) shall supersede any other terms and conditions on our platform. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these General Terms and Condition at any time without any prior written notice to You.

Specific terms and conditions with respect to certain Services are provided below:

PRE-APPROVED/EXISTING TO BANK, PRE-QUALIFIED OR NEW TO BANK SERVICES

1. The credit line/loans sanctioned at the sole discretion of our Lending Partners. The Lending Partner reserves the right to decide Your eligibility for the credit sanctioning as per the Lending Partner’s internal policies and guidelines.
2. The Services availed by You shall be deemed to be Your unconditional acceptance of the T&Cs mentioned hereinabove and You shall be bound by the same.
3. The Lending Partner shall disburse the respective transaction amount from your credit limit (either directly or through respective payment gateways) relating to the successful transactions initiated by You through our Platform to the respective Merchant’s accounts.
4. The credit line/loan and sanctioning of transaction amount shall be within the monetary limits set by the respective Lending Partner while granting You the credit line/loan and Lending Partner reserves the right to vary monetary limits from time to time, as required and may intimate the Customer.

5. By availing Services from our Platform, You hereby unconditionally agree, confirm, declare and undertake as follows:

   1. You shall utilize credit facility provided by Us only for genuine lawful personal needs within the territories of India and not otherwise.
   2. You shall avail credit facility provided by Us as per the applicable interest rate and tenure at the checkout page. The Interest shall be applied to the transaction amount utilized by You on daily diminishing method.
   3. You shall repay the credit amount availed as per the Repayment Terms set by the Lending Partner and accepted by you during the activation process.
6. Neither the Lending Partner nor Flexmoney shall be responsible or liable for any loss or damage, howsoever caused or suffered by You arising out of the transactions with Merchants or the Merchant’s failure to provide necessary products/services to You for any reason whatsoever.
7. You are responsible for maintaining the secrecy of Your passwords, PIN, login and account information relating to the services availed from our platform. You will be responsible for the use of the our Service even if any other person has access to or is using Your password, PIN and login information (with or without Your permission) and such transaction shall be binding on You.
8. The credit facility transaction once confirmed and processed by You cannot be cancelled. The applicable interest and tenure confirmed at the time of availing the credit facility cannot be changed.
9. The credit amount outstanding can be pre-closed at any time as per the terms agreed with the Lending Partners.
10. In the event of You default in repaying the credit amount outstanding together with applicable interest, charges, taxes and costs and/or in adhering to the T&Cs contained herein,
    1. You shall be liable to pay additional/penal interest as intimated to You by the Lending Partner.
    2. The Lending Partner shall be entitled to report Your name to CIBIL/RBI or any other statutory, regulatory or rating agencies.
    3. The Lending Partner shall be entitled to initiate such other legally permissible measures against You for recovering the amounts outstanding under the credit line/loan availed, including by engaging the services of recovery agents, in terms of the Lendin Patner's Loan/Debt Collection Policy.
    4. The Lending Partner shall be entitled to pre-close the credit facility at its discretion.
11. The Lending Partner reserves the right at any time, without previous notice, to add, alter, modify, change or vary all or any of its T&Cs which you have agreed in process of availing the credit facility. All disputes, if any, arising out of or in connection with or otherwise relating hereto shall be subject to the exclusive jurisdiction of the competent Courts/Tribunals in India only.
12. You agree and declare that the Lending Partner shall have an unqualified right to assign the credit availed by You to any other Bank/Financial Institution/NBFC of Lending Partner's choice, for which purpose no further consent or concurrence shall be required from Your part.

No Cost EMI Services

1. The No-Cost EMI facility is being offered to the customers who make a purchase transaction on participating merchants’ websites, mobile application/ mobile site thereof (collectively, "Participating Merchant") using Cardless EMI powered by InstaCred through its Lending Partner, providing an EMI facility to its pre-approved customers.
2. I understand that under this offer, I will get an upfront discount equivalent to the EMI interest cost charged by the bank, making it effectively No Cost EMI.
3. Applicable taxes on Interest and any other charges will be levied by the Lending Partner.
4. The No-Cost EMI facility is being offered by Flexmoney and/or Merchants and brands (as the case may be) and does not amount to EMI/interest waiver extended by the bank. No Cost EMI discount is made available on select products or services, as determined from time to time by such sellers.
5. The No-Cost EMI payment option can be availed using the Cardless EMI / Debit Card EMI powered by Flexmoney/InstaCred (facility of Flexmoney’s Lending Partner providing an EMI facility to its preapproved users) on Participating Merchant.
6. No Cost EMI is not available under this program if purchases are made using other payment methods.
7. The Lending Partners issuing the Cardless EMI / Debit Card EMI facility reserve the right to charge Processing Fees and/or Goods and Services Tax (GST) or other applicable taxes on the purchase transactions undertaken on EMI which will be over and above the product price. This processing fee will be informed to the customer at the time of the transaction.
8. No Cost EMI discount will be calculated only on the eligible items in the purchase cart as the case may be.
9. The customers may avail the No Cost EMI facility, provided that
   • a. the order is not cancelled by the customer or the participating merchant; or
   • b. the product is not returned/exchanged by the customer.
10. I understand and confirm that I will need to pay applicable EMI and interest on the total value of the order at the time of payment to the bank in accordance with the terms applicable. The interest cost charged by the bank overtime is being given back to me upfront at the time of this purchase.
11. Any returns/cancellations will be as per the Merchant's return/cancellation policy. In case of any kind of return/refund in an EMI transaction, interest already billed in a particular transaction will not be refundable under any circumstances.
12. In the case of a refund on the original transaction, the No Cost EMI Discount received by the customer on the transaction will be recovered on a pro-rata basis and the amount post adjustment of this discount recovery will be passed back to the customer through Flexmoney’s Lending Partner.
13. The EMI facility is made available to the customers by and at the sole discretion of the Lender(s) issuing the credit facility to the customer. Flexmoney, InstaCred, Participating Merchant, and/or the brand will not be liable for any claims on account of availability or non-availability of EMI facility. Customers having the credit facility may be required to enter into separate agreements or arrangements (by whatever name called) with their Lender to avail / use the EMI facility.
14. Flexmoney, InstaCred, Participating Merchant, Brand, or the Lender reserve the right to stop the No Cost EMI option at any time without prior notice and without any liability.
15. These terms and conditions only pertain to the No Cost EMI Discount provided to the customer and do not override any other terms, conditions, or agreement as may be applicable.
16. If You avail any offers, discounts, cashbacks, coupons, etc. (“Offers”) provided by Us or Our Lending Partners or Merchants, You are agreeing to comply with and accept the terms and conditions provided in respect of such Offers.
17. Further, You understand that all terms and conditions provided with respect to any Offer shall form part of and shall be read in conjunction with these T&C’s. You understand and acknowledges that the Offers cannot be exchanged for its value in cash, either in full or in part. You further acknowledge that the value stored in the Cashback cannot transferred in any manner whatsoever.