Last updated on 13th June 2022.
These terms and conditions constitute a legally binding agreement between cashearly (hereinafter referred to as "We", "Us", "the Platform" or "Our") and user ("User"/ "You"/ "Your"), and the terms shall include the persons that access, use, and/or participate in the website ("Website"), mobile application platform cashearly and / or any mobile or internet connected device or otherwise ("hereinafter referred to as App") (collectively, the "Platform"). You acknowledge that we provide access between multiple users in the form of consumers, data partners and other borrowers, service providers etc. With a view to facilitate lending and borrowing activities. It is hereby clarified that the term "Users" Shall mean any person using the platform. And by using this platform implies that you have read, understood and agreed to comply to the terms & conditions ("Terms & conditions" or " T&C") stated herein below. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU HAVE TO GIVE A WRITTEN COMMUNICATION AND YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
All of the content on the App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names ("App Content"), constitute our and our licensors" intellectual property. Copyright laws in all applicable jurisdictions protect the App and the App Content.
You may access the App, avail of the features and facilities and utilize the App Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the App Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular App Content, you could contact us in the manner provided for herein.
cashearly and its licensors, if any, are the sole owners of the underlying software and source code associated with the App and all the trademarks, copyright and any other intellectual property rights of any nature in the App.
For the provision of the above mentioned Services, Cashearly will be using and sharing the information of the User with multiple financial institutions and other parties, as may be required for the purpose mentioned above and Cashearly shall also run multiple credit checks to be able to get the best available offers to suit the needs of the Users. The collection, storing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy.
We reserve the right to update, modify and change these T&C at our sole discretion without prior notice. Your access and use of the App following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. Therefore, you are encouraged and welcomed to read these T&C each time you access and use the App.
Eligibility:The User of the platform(or cashearly) unequivocally declares and agrees that the User is a natural / legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the Services in accordance with the T & C detailed hereinafter.
If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as cashearly) may require in connection therewith.
You have an option to set a security passcode on the App once you are approved for a credit limit. You are responsible for maintaining the confidentiality of the passcode and your account ("Account") and are fully responsible for all activities that occur under your passcode or Account. You agree to: (1) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (2) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
You hereby acknowledge that the deletion of the App from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of cashearly, immediately upon receiving your written request to that effect cashearly) shall remove and/delete all such information. You hereby acknowledge that the removal of your details from cashearly) does not constitute termination of your obligations, if any, to our banking partner who may have approved your credit limit on cashearly.
Using the App or platform implies your expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us in writing whenever you stop using a particular telephone number(s) and/or email address (es).
By using the platform you consent to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your access and use of the App in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. The terms of this provision will survive any termination or cancellation of these T&C or your use of the App.
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: i) Such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and ii) The remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
Any excessive or additional payment made by You shall be refunded back within 30 days pursuant to the reconciliation of the accounts by cashearly. The cancellation of the service can only be done, if such cancellation is done within 24 hours of receipt of the loan amount in Your Bank Account. Please note that no cancellation shall be done after 24 hours of receipt of loan amount.
cashearly may terminate the use of the App at any time after giving notice of the termination to you. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the App.
Any failure on the part of cashearly to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by cashearly of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
Not with standing anything to the contrary contained herein, neither cashearly 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 terms and conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless cashearly, 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 the Website.
As a User you also acknowledge that we have maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Website is based on the information that is provided to us. In case the User does not disclose any information to us, and the same is not found out at the first instance by us despite all measures adopted to certify the ratings or credibility of a User, we shall not be responsible for any claims or liabilities. We, in any event are not responsible for any default in return of money that is borrowed from the lender and the lender shall have the exclusive right to initiate proceedings against the defaulter borrower. We shall to the best of our abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, we shall not be responsible for any default on behalf of the User. We are an information platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined in the Website.
cashearly 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 the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms and Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of cashearly. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of cashearly. Any assignment or transfer in violation of this clause will be deemed null and void.
You agree to indemnify, save, and hold the Appits affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Website or App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. The App reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Appincluding rights to settle, and You agree to cooperate with the App defense and settlement of these claims. The Appwill use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.
These T&C shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the Account.
You expressly understand and agree that: Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an "as is" and "as available" basis. App and expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
App makes no warranty that: 1)The service will meet your requirements. The service will be uninterrupted, timely, secure, or error-free. 3) Any errors in the technology will be corrected.4)The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. 5)The results that may be obtained from the use of the service will be accurate or reliable. 6) You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or service provider through or from the service will not create any warranty which is not expressly stated in these terms.
These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the App, you hereby irrevocably consent to the exclusive jurisdiction and venue ofArbitration in Bangalore, India, in the event of any disputes arising out of or in relation to your access to and use of the App.
Notwithstanding anything to the contrary contained herein, neither cashearly 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 Terms & Conditions. To the maximum extent permitted by law, You waive, release, discharge and hold harmless cashearly, 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 the Platform. You agree that neither company or service provider nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call 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, even if company or service provider has been advised of the possibility of such damages, resulting from:
If you have questions or concerns regarding the way in which your personal information has been used, or if you want to opt-out of having your personal information shared with third parties or for any purpose that is materially different than the purpose you shared it with us please send a request to the following address with a preference on how our response to your request should be sent (email telephone).