Terms and Conditions

This Terms and Conditions (“T&C”) are to inform users (“User”/”Users” or “you”) of the website https://gingerfinance.in/ (the “Website”) and the respective mobile application (the “Application” and together with “Website” – the “Platform”) owned by BEE PEE JAY FINANCE LTD. (“us”, “we”, or “Company”) of the Company`s terms of using the Platform and provision of services through the Platform (“Services”).

Please read these T&C carefully, since by continue using our Platform, you are acknowledging and accepting that you agree to be bound by 1) these T&C, 2) by our Privacy Policy and 3) all the other policies provided hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform.

If you do not agree with these T&C and/or 2) any other policy provided hereunder or anywhere else on this Platform, please do not proceed and stop using the Platform.

1. Company Status

The Company is a non-banking financial company (NBFC) duly registered and licensed by the Reserve Bank of India (RBI) to engage activities relating to lending.

2. Collection of Information

In the event you wish to avail any of the services of the Company (hereinafter referred to as the “Services) through the Platform, you will be required to provide certain information and our representatives may contact you through phone or email to understand your requirements.

For the provision of our Services, we will be using and sharing the information of the User with parties, as may be required for this purpose, and Company may also run multiple credit checks to be able to get the best available offers to suit the needs of the Users.

Please refer to our Privacy Policy to familiarise yourself with our rules of collection, storing, use and transfer of information shared by the User.

By accepting these T&C and applying for the Services through the Platform you hereby grant us consent to obtain and verify your credit-related information/documents (i.e. Credit Information Report) from Credit Information Companies (Credit Bureaus) of India and also further consent that the Company, by itself or through authorized persons, shall verify any information contained in such credit reports to assess your creditworthiness and/or to determine your identity, including by doing it from time to time.

3. Eligibility Criteria for Availing Services

We do not provide our Services to Users who do not meet any of the following criteria:

User is a natural persons;
User has attained the age of at least 22 years;
User is resident of India;
User is legally allowed to enter into a contract in India;
User is allowed to utilize the Services in accordance with the T&C detailed hereinafter.

4. Terms of Services

Your use of our Services is subject to the following terms of use:

The content of these T&C is for your general information and use only. If you decide to avail Services of the Company by entering a personal loan agreement, you will be additionally bound by specific terms and conditions of such agreement.

We reserve the right to modify these T&C at any time, and without actual notice to you. All such changes to these T&C will appear on the Platform. By using our Services following any modifications to these T&C, you agree to be bound by any such modifications to these T&C. If any changes to these T&C are unacceptable to you, you must discontinue use of our Services. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Platform, including for any violation of any provision of these T&C.

The information contained in our Platform should not be viewed as an offer to sell or as a solicitation to purchase any of our Services. Furthermore, not all Services are available in every state or country.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered while using our Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Our Platform may contain links to other third-party websites. Such websites will contain their own separate terms and conditions. Your access to and use of these interactive websites may require acceptance of these separate terms and conditions.

You agree to use our Services only for lawful purposes. You agree not to take any action that might compromise the security of Company, render our Services inaccessible to others or otherwise cause damage to Company 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 our Services in any manner that might interfere with the rights of third parties.

To improve the responsiveness of the Platform for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the identified computer. Our partners may also assign their own cookies to your browser, a process that we do not control.

We make no warranties or representations about any content. Company is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of our Services. Your use of any information or materials on our Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available meet your specific requirements.

All materials herein and all software herein are proprietary to Company and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.

Unauthorized use of our Services may give rise to a claim for damages and/or be a criminal offence.

Any violation of these T&C may result in legal liability upon you. Nothing in these T&C should be construed to confer any rights to any third party or any other person.

You acknowledge and agree that nothing in these T&C shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in our Platform and/or Services, or any other Material or any part thereof to you or any third party.

You hereby express your intent to know through telephonic calls, or SMS on your mobile number mentioned in the application form or any other alternate number of yours as well as in this undertaking, or through any other communication mode, various loan offer schemes or loan promotional schemes or any other promotional schemes and hereby authorize Company and its employee, agent, associate to do so. You confirm that laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from Company, its employees, agents and/or associates.

In the event you have registered your phone number on any other ’Do Not Disturb’ registers with your network provider, you shall ensure to take all steps to enable the Company`s representatives to contact you via phone to provide details about different financial products and you shall ensure that such calls received by you are pursuant to you providing Us with information and you shall not register a compliant with the relevant authorities for the same.

You agree to allow Company to send you payment reminders from time-to- time. You also agree that if you fail to pay any amount owed to Company pursuant to this T&C or the loan agreement, Company may engage in collection efforts to recover such amounts from you. These collection efforts may involve, inter alia, contacting either you directly or any other contact details provided by you at the time of using our Services, submitting your information to a collection agency, or taking legal action. Failure to pay may affect your credit score.

You acknowledge that the access to our Services may from time to time be unavailable, delayed, limited or slowed down due to, among other things:

servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Company.

5. User Registration

You may use our Services without registration however, to participate in certain activities you may be requested to create an account, or you can login any other third party service account permitted by Company.

In the event you wish to create an account with us you may do so by completing the registration process and you agree to:

– provide true, accurate, correct and complete information as prompted by the applicable registration form;

– maintain and update true, accurate, correct and complete information provided by you during the registration process.

You may be required to choose a password and username. You are solely responsible for maintaining the confidentiality of your password and account. If at any time Company believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete the Company reserves the right to cancel your account and block your access to Services.

You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorised use of your account or any breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.

By using our Services, you authorise the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us to validate your identity.

You agree to provide unconditional and absolute consent to Company to use and share the information provided by you in relation to us. Note, that being an NBFC we disclose your credit information to Credit Bureaus as a mandatory requirement under applicable laws of India, however, we may share the information provided by you to other third parties on a need-to-know basis. Company shall take all reasonable steps to ensure that the information received from you is secure and is accessible only to the relevant persons.

We use Google Analytics, among others, to track the user behavior on our Platform. Google Analytics specifically has been enabled to support display advertising to help us gain an understanding of our users’ Demographics and Interests. The reports are anonymous and cannot be associated with any individual personally identifiable information that you may have shared with us. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings options provided by Google.

Our Platform automatically collect limited information about your device’s connection to the Internet, including your IP address, when you visit our Platform. We automatically receive and log information from our Platform including but not limited to IP address, your device or computer’s name, and your operating system, we may also collect log information from your device, including but not limited to your location, IP address, your device’s name, device’s serial number or unique identification number (e.g. Android ID or ADID on your Android Device), your device operating system, browser type and version, CPU speed, and connection speed etc.. By accepting these T&C you give an explicit consent to Company for the said actions.

6. Prohibited Use

You shall not use our Platform 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;
provide any third parties with access to your account;
use our 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 our 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 Company;
decompile, reverse engineer or disassemble our 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 our Services to host, display, upload, modify, publish, transmit, update or share any information that
1. belongs to any other person and to which you do not have any right to;
2. 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;
3. harms minors in any manner
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law which is in force
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
7. impersonates another person
8. threatens the unity, integrity, defense, 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.

7. Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither Company nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these T&C. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Company, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of our Services.

Company makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of our Platform. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this T&C.

8. Copyright

All content included in or made available through the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Company or its content suppliers and protected by India and international copyright laws. The compilation of all content included in or made available through the Platform, or any Company Service is the exclusive property of Company and protected by India and international copyright laws.

All related logos are trademarks, service marks, or licensed brands of Company. Other company, product, and service names and logos used and displayed on our Platform may be trademarks or service marks owned by Company or others. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing on our Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on our Platform, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Platform unless in accordance with written authorisation by us.

We prohibit use of any of the Company trademarks, service marks or licensed brands as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Company trademarks, or whether any mark or logo is a Company trademark, should be referred to Company.

9. Applicable laws

Your use of our Services and any T&C stated in this agreement is subject to laws of India.

10. Dispute resolution

Your use of the Platform and any Term & Conditions stated in this agreement is subject to laws of India. In case of any disputes arising out of the use of the Platform, Courts of Mumbai will have exclusive jurisdiction.

11. Grievances and Feedbacks

You have an unconditional right to file a complaint if you are disappointed with the Platform or Services.

Complaint: you can exercise your right to file a complaint by sending us an email to the following address: [email protected].

For more options of filing a complaint, please refer to our Grievance Redressal Policy.

Feedback: We welcome feedback, comments and suggestions for improvements to our Platform and/or Services by emailing us at [email protected].

12. Entire agreement

These T&C together with the other policies made available on the Platform, as amended from time to time, constitute the entire agreement between you and us. If any provision of these T&C or any policy are considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these T&C or any policy and shall not affect the validity and enforceability of any remaining provisions.

13. Termination

The Company reserves the right to immediately terminate this agreement with you and your use of our Services if we determine in our sole discretion that you have breached any of these T&C or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.

14. Electronic document

This T&C are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and are an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

You may print a copy of this T&C for your records.