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Email us: sales@capayouts.com

GENERAL

GUESTS AND CHANNEL PARTNERS SHOULD READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING “www.capayouts.com PLATFORM”

Terms & Conditions of use

This website www.capayouts.com ("Website") and its mobile application ("Application") are owned and operated by www.capayouts.com, a company incorporated under the laws of India, having its registered place of business at FF-16 One Mart Plaza Sector-6 Ghaziabad, UP-201012 ,India, which enables the user of the Website to connect with independent third party DSA owners ("Channel Partner") offering consultant services of various loan products listed on the Website/ Mobile Application/ Call Center/ Partners ("Services").

Your use of the Website and/or Application is an acknowledgment that you have reviewed the Terms and Conditions, agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application and Services. www.capayouts.com reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the www.capayouts.com Platform.

By using this Website/ Mobile Application/ Call Center/ Partners you hereby acknowledge and agree that www.capayouts.com/ www.capayouts.com is not a DSA of any Bank and NBFC and has no control over the conduct or behaviour of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. www.capayouts.com disclaims any and all liabilities in this regard.

GUEST MEMBERSHIP

Membership on the Website/Application is free.

If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Mobile Application/ Call Center/ Partners and should exit/logout immediately. Your use of the Website/ Mobile Application/ Call Center/ Partners implies that you agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of Service is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in Delhi to the exclusion of all other courts.

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Mobile Application/ Call Center/ Partners, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.

The User agrees and acknowledges that this Website/ Mobile Application/ Call Center/ Partners can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Company reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Mobile Application/ Call Center/ Partners if company discovers that User is under the age of 18 years. Furthermore www.capayouts.com has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

www.capayouts.com provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Mobile Application/ Call Center/ Partners, You acknowledge, declare, confirm and represent & warrant to company that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Mobile Application/ Call Center/ Partners. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. www.capayouts.com may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Mobile Application/ Call Center/ Partners and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Mobile Application/ Call Center/ Partners shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Mobile Application/ Call Center/ Partners for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Mobile Application/ Call Center/ Partners at the time of such use.

WEBSITE/APPLICATION

The Website/ Mobile Application/ Call Center/ Partners is a Technology Platform where Users may meet and interact with Channel Partner for their transactions. Channel Partner’s list their terms and conditions on there Website/ Mobile Application and User may or may not avail the services specified by the Channel partner on the Website/Application. Company hereby clarifies and the User agrees and understands that www.capayouts.com Ltd is not the owner of the DSA of any bank or NBFC and will not be liable for any services or lack of them by the User. It is hereby further clarified that www.capayouts.com and Channel Partners/DSA are separate and independent entities and www.capayouts.com does not work as representative or agent of the Channel Partner/DSA of banks and NBFC. By making a website visit or taking a membership the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.

www.capayouts.com shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner/DSA of any Bank or NBFC. In no event, shall www.capayouts.com be made a party to dispute between User(s) and Channel Partner(s)/ DSA of any bank and NBFC.

RESERVATION/ BOOKING OF SERVICES

The process of booking Services from this Website/ Mobile Application/ Call Center/ Partners may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.

That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof, www.capayouts.com has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to the company:

  • (a) the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws.
  • (b) In the event of detecting any suspicious activity from User’s account, company reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
  • (c) While using the Website/ Mobile Application/ Call Center/ Partners User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.
  • (d) Your use of the Services shall be deemed that you are fully satisfied with the description services as has been displayed on Website/ Mobile Application/ Call Center/ Partners.

The User agrees and acknowledges that in the Website/ Mobile Application/ Call Center/ Partners all Services are offered only at the sole discretion of the company.

USE OF THE WEBSITE/ MOBILE APPLICATION/ CALL CENTER/ PARTNERS

The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website/ Mobile Application/ Call Center/ Partners by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (c) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for the company or cause company to lose (in whole or in part) the services of company’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or company has reasonable grounds to suspect that the User has contravened the foregoing, company has the right to indefinitely deny or terminate User's access to the Website/ Mobile Application/ Call Center/ Partners and to refuse to honour the User's request(s).

www.capayouts.com has endeavoured to provide the most accurate, up-to-date information on this Website/ Mobile Application/ Call Center/ Partners. However, the information, materials, Services available on this Website/ Mobile Application/ Call Center/ Partners may inadvertently include inaccuracies, typographical errors, or outdated information. Company is not responsible for and shall not be bound to honour typographical or pricing errors on this Website/ Mobile Application/ Call Center/ Partners. Company reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which company believes the User has violated applicable laws or Usage Terms, orders that company believes are harmful to the company or orders that company believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. www.capayouts.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Further, company shall not be held responsible for non-availability of the Website/ Mobile Application/ Call Center/ Partners during periodic maintenance operations or any unplanned suspension of access to the Website/ Mobile Application/ Call Center/ Partners that may occur due to technical reasons or for any reason beyond company’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Mobile Application/ Call Center/ Partners is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company accepts no liability for any errors or omissions, with respect to any information provided to the User.

COMPLIANCE WITH LAWS

User and company shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Mobile Application/ Call Center/ Partners.

WARRANTY

The Services are provided by www.capayouts.com on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website/ Mobile Application/ Call Center/ Partners or the Services will meet your requirements or Your use of the Website/ Mobile Application/ Call Center/ Partners or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website/ Mobile Application/ Call Center/ Partners, or Services will be effective, accurate or reliable; (iii) the quality of the Website/ Mobile Application/ Call Center/ Partners, or Services will meet your expectations; or that (iv) any errors or defects in the Website/ Mobile Application/ Call Center/ Partners or Services will be corrected. No advice or information, whether oral or written, obtained by you from the company or through or from use of the Website/ Mobile Application/ Call Center/ Partners shall create any warranty not expressly stated in the terms of use.

Company shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.

INDEMNIFICATION

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to the company herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold company harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by www.capayouts.com that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.

LIMITATION OF LIABILITY

www.capayouts.com shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Mobile Application/ Call Center/ Partners or any of the information, software, services and related graphics contained within the Website/ Mobile Application/ Call Center/ Partners or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise,

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, www.capayouts.com ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING/APPLING / BROWING THE Website/ Mobile Application/ Call Center/ Partners SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

JURISDICTION

This Agreement, and all transactions entered into on or through Website/ Mobile Application/ Call Center/ Partners shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Mobile Application/ Call Center/ Partners, the Usage Terms or any transactions entered into on or through the Website/ Mobile Application/ Call Center/ Partners or the relationship between User and company shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.

Any failure, delay or forbearance on the part of company in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by company of any right, power or privilege preclude any other future exercise or enforcement thereof.

The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.