Terms and Conditions

NOTICE:

PLEASE READ THESE TERMS AND CONDITIONS (“Term”) CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED BELOW. BY CLICKING ON THE LINK OF TERMS AND CONDITIONS ON THE APP OR WEBSITE OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK OR DOWNLOAD, INSTALL OR USE THE SERVICES.

1. DEFINTIONS:

“Application or APP” shall mean the mobile application created, developed and designed by ‘Protium’ for providing the Financial Services.

“Protium” or “Lender” or “We” shall mean Protium Finance Limited, a non-banking financial company incorporated under the Companies Act, 2013, and having its registered office at Nirlon Knowledge Park (NKP), B6, 2nd Floor, Pahadi Village, Off Western Express Highway, Cama Industrial Estate, Goregaon (East), Mumbai 400 063.

“Customer(s)” or “you” or “Users” shall mean any person who accesses, downloads, uses, views the Platform and the Services.

“Loan or Facility” shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by Protium, subject to the applicable terms and conditions of the Loan /Facility Agreement.

“Online Stores” shall mean Windows Store, Android Google Play, iOS App store or any other online store or portal where the APP will be made available by Protium to the Users, from time to time.

“Services” shall mean the services of granting, sanctioning, lending of loans, through the Platform by Protium.

“Third Party Platforms” shall mean social networking platforms, such as Facebook, WhatsApp, LinkedIn and other similar platforms.

“User Data” shall mean any data, information, documents or materials including personal information submitted with Protium prior to or during the use of the Services.

“Website” shall mean https://protium.co.in/ , managed and operated by the Protium for the provision of Services.

2. ACCEPTANCE OF THE TERMS:
By visiting the Website, you agree that these Terms and Conditions shall be a legally binding agreement between User and us/Protium. These User Terms and Conditions governs your use of the Website https://protium.co.in/  and mobile application (“Website and /or APP shall be Collectively be referred to as “Platform”), which is owned and operated by Protium.

As a user (“User” or “you”) of the Platform, You understand that Protium is a digital lending platform providing financial services. Protium’s platform provides access between multiple Users in the form of consumers, financial institutions, data partners and other partner lenders, service providers etc. with a view to facilitate lending and borrowing activities. Your use of this Website or APP is subject to the following terms of use:

• We reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms periodically for any updates/ changes. User’s continued use of the Website or APP following the modification of these Terms will imply the acceptance by the User of the revisions;
• The Website or APP may contain links to other Third-Party Platforms. Such sites will contain their own separate terms and conditions, as per the respective Facility Agreement (“the Agreement”). Your access to and use of such sites will require acceptance of these separate terms and conditions.
• You agree to use the Website / APP only for lawful purposes and agree, not to take any action that might compromise the security of the Website / APP, render the Website /APP inaccessible to others or otherwise cause damage to the Website or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website /APP in any manner that might interfere with the rights of third parties.
• Any violation of these Terms may result in legal liability upon you. Nothing in these Terms should be construed to confer any rights to any third party or any other person. Your use of Protium’s Website / APP means you are consenting to this Terms and agree to be legally bound by it. You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Website or APP or any other Material or any part thereof to you or any third party.

3. SERVICES :

Through the Services, you may apply for the Loan, subject to the fulfilment of the eligibility criteria laid down by Protium. If You wish to use the Platform, You will be required to furnish certain information and details, including Your name, email id, contact number and any other information deemed necessary by Protium for the purpose of accepting your eligibility for the financial products offered on our Platform through our website or APP.

Protium assures you that the information made available to us will be kept in strict confidentiality and we will use the information only to help us to service You better, to provide You with products and services that you may have requested, and to inform you about other products and services that may be of interest to You. You authorize Protium to keep you informed through telephone, SMS, e-mail, WhatsApp or any other means of communications, of all Promotional schemes/offers including pre-qualified offers; however the same may be subject to Protium’s discretion.

4. PRIVACY:

Protium collects certain information from You in order to provide the Services. Protium’s use of Your personal information is governed in accordance with the Privacy Policy located at https://protium.co.in/regulatory/privacy-policy/.

5. LICENSE AND ACCESS :

In order to use the Services, you are required to download and install the APP or access the Website of Protium. For this purpose, you represent and warrant that you are of the age of majority as per the applicable laws to which you are subject to and are competent to understand, enter into, and comply with these Terms. You may install, download, access or use the APP through the Online Stores on/from mobile phones, tablets or any other electronic devices. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of any information for the benefit of anyone other than Your use; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Protium or its affiliates.

You understand and acknowledge that, you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the Services on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time. We may launch new updates/upgrades for the APP, you may subscribe to the same through the Online Stores. In the event, you choose not to update/upgrade the APP, certain features or functionality shall not be accessible to you.

6. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

7. CONSENT:

You authorizes Protium to collect and store the User Data through the Platform. In order to avail the Services, you are required to register with Protium by logging in through the Platforms. During the Application process, you shall be required to share and upload the User Data on the Application Form provided on the Platform. User Data shall include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information, SMS and browsing history, data and login-in credentials of Third Party Platforms (as applicable), financial information or data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details (“Personal Information”). You agree that the Personal Information shall always be accurate, correct and complete and in the event of any changes to the information shared by You at the time of registering Yourself on the Platform, You shall be responsible for forthwith notifying the said changes to us. Upon We gaining knowledge or having any reasonable suspicion that the information provided by you is wrong or incorrect or you have suppressed any information, Protium reserves right to reject loan application and may retain or discard all the documents submitted with Protium at the time of applying for loan through Platform or physical manner, without any notice to You.

You understand and acknowledge that by accepting these Terms, you authorize us to Track, fetch and use the User Data, including but not limited to your Personal Information, for the purpose of authentication and any updates with regards to your credentials. All transactions undertaken on your behalf by Protium will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis. You also authorise Protium to get your credit information report from one or more Credit Information Companies as decided by Protium from time to time.

8. TERMINATION:

Protium reserves its rights to terminate these Terms in the event: (i) You breach any provision of these Terms; (ii) Protium is required to do so under law; or (iii) Protium chooses to discontinue the Services being offered or discontinue to operate the Platform; (iv) the license granted to use the Website or APP expires;

Protium further reserves its right to Track You, even when You have uninstalled the App or even after termination of these Terms, until all your obligations. Upon termination of these Terms, the rights and licenses granted to you under these Terms shall cease to exist, and you must forthwith stop using the Platform and the Services and repay the Outstanding Amount(s).

9. DISCLAIMER OF WARRANTIES:

You expressly understand and agree that: (i) your use of the Services and the Platform is at your sole risk. The Services and the Platform are provided on an “as is” and “as available” basis. Protium expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. any material downloaded or otherwise obtained through the access or use of the Platform, is at your own discretion and risk and that you will be solely responsible for any damage to your computer system, electronic data or loss of data that results from the download of any such material. no advice or information, whether verbal or written, obtained by you from Protium, for the Services or through the Platform shall create any warranty not expressly stated in these Terms. The Services are intended for personal, non-commercial use. You shall be solely responsible for the use, misuse, improper usage of the Services and the Platform. Protium shall not be liable for any damages accruing out of the use of the Services which have not been expressly stipulated under these Terms. Protium makes no warranty, including implied warranty, and expressly disclaims any obligation, that: (a) the Contents are and will be complete, Exhaustive, accurate or suitable to your requirements; (b) The Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Platform or Services will be accurate or reliable.

10. INDEMNITY:

You agree to indemnify and hold Protium, and its subsidiaries, affiliates, officers, agents, Service Providers or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of (i) your violation of these Terms; (ii) your violation of any rights of other users of the Platform; (iii) your use or misuse of the Platform or the Services; (iv) your violation of applicable laws.

11. LIMITATIONS OF LIABILITY

You expressly understand and agree that Protium, its directors, officers, employees, representatives or the service provider, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from; (a) use or the inability to avail the Services (b) inability to use the Platform (c) failure or delay in providing the Services or access to the Platform (d) any performance or non-performance by the Protium (e) any damages to or viruses that may infect your electronic devices or other property as the result of your access to the Platform or your downloading of any content from the Platform and (f) server failure or otherwise or in any way relating to the Services.

12. GRIEVANCE REDRESSAL:

In the event of any grievance with relation to these Terms and Conditions, You may write to nodal office of Protium at nodal.officer@protium.co.in

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