Terms & Conditions

DEFINITIONS:

  • BORROWER:

Borrower Means the person who is registered as a borrower on the Website/online peer to peer digital marketplace/lending platform i.e. www.paisadukan.com and has been accepted by us for membership post all legal due diligence.

  • LENDER/INVESTOR:

Lender/Investor means a person who has completed the registration process to use the online peer to peer digital marketplace/lending platform www.paisadukan.com and has been accepted by us for membership post all legal due diligence.

  • BUSINESS DAY:

Business Day means A day (other than a Sunday or Public Holiday) when banks in India are open for business

  • TRIPARTITE AGREEMENT :

Tripartite Agreement means an agreement among three parties: (1) Investor (2) Borrower and (3) BigWin Infotech Private Limited under certain agreed and accepted Terms and Conditions.

  • BIGWIN INFOTECH PRIVATE LIMITED:

BigWin Infotech Private Limited means BigWin Infotech Private Limited an Indian Company registered under the provisions of Companies Act, 2013

  • DEFAULT EVENT:

Default Event Means the failure of a Borrower to comply with the terms of the Tripartite Agreement

  • INFORMATION:

Information means any of the information that can be viewed or downloaded from the Website/online peer to peer digital marketplace/lending platform i.e. www.paisadukan.com” (herein after referred to as Online peer to peer digital marketplace/lending platform/Website/PaisaDukan and includes, but is not limited to, data, pricing information, Terms, images, reports, policies and software. It also includes our copyright, Intellectual Property Rights, Information Technology or other commercially valuable property.

  • INFORMATION TECHNOLOGY:

Information Technology means all computer hardware (including network and telecommunications equipment), databases, and all computer software (including the Online peer to peer digital marketplace/lending platform or any software required for the Online peer to peer digital marketplace/lending platform) owned, used, leased by us.

  • INTELLECTUAL PROPERTY RIGHTS:

Intellectual Property Rights means all patents, rights to inventions, copyrights and related rights, trademarks, business names and domain names, rights in get up, goodwill and right to sue for passing off, database rights, right to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim property form, such rights and all similar or equivalent rights or forms of protections which subsist or will subsist now Or In The Future In Any Part Of The World.

  • PAISADUKAN:

Paisadukan means the Online peer to peer digital marketplace/lending platform i.e. www.paisadukan.com” for people to borrow money from other people. The people providing the funding are investors who would like to loan money to creditworthy borrowers. Borrowers get the recognition for their good credit behaviour on the Online peer to peer digital marketplace/lending platform.

  • ONLINE PEER TO PEER DIGITAL MARKETPLACE/LENDING PLATFORM:

Online peer to peer digital marketplace/lending platform means The internet /online peer to peer digital marketplace/lending platform operated by us at www.paisadukan.com for the purpose of matching Borrowers with Lender Members.

  • PEER TO PEER LENDING PLATFORM:

Peer to Peer Lending Platform means an intermediary providing the services of loan facilitation via online medium or otherwise, to the participants

  • PARTICIPANT:

Participant means a person who has entered into an arrangement with an NBFC-P2P to lend on it or to avail of loan facilitation services provided by it;

  • NBFC-P2P :

NBFC-P2P means Non-banking financial company - Peer to Peer Lending Platform” (NBFC-P2P) means a non-banking institution which carries on the business of a Peer to Peer Lending Platform.

  • PRIVACY POLICY:

Our privacy policy governing the use of your data under the provisions of law, which can be found at website/ Online peer to peer digital marketplace/lending platform www.paisadukan.com

  • RBI:

Means the Reserve Bank of India means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934(2 of 1934).

  • SERVICES:

The services offered to you through the Website or Online peer to peer digital marketplace/lending platform.

  • WEBSITE:

Our main website which can be found at www.paisadukan.com

  • WEBSITE TERMS OF USE:

The Website and Online peer to peer digital marketplace/lending platform terms of use is found in website www.paisadukan.com under the title LEGAL”.

  • INTERPRETATIONS:
  • Clause and paragraph headings shall not affect the interpretation of this terms and conditions;
  • A reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees
  • Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
  • Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; and
  • Participation in a Loan means having an interest in such Loan, whether because you made such Loan to the Borrower pursuant to a Loan Contract or you were transferred such Loan by another Lender Member in accordance with the relevant Loan Agreement and these Terms.
  • TERMS OF USE:

    Thank you for visiting our website, by accessing or using the website "Website/ Paisadukan/Online peer to peer digital marketplace/lending platform ", whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein "User " agree to be bound by these Terms and Conditions "Terms of Use " and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Website, from time to time. We encourage our Users to read these Terms of Use carefully while using the Website.

  • The Website is owned and operated by Bigwin Infotech Private Limited a company incorporated under the provisions of the Companies Act, 2013 bearing corporate identity number U72100MH2017PTC301769. All references to Website in these Terms of Use shall deem to refer to the aforesaid entity in inclusion of the online portal.
  • The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. Further, please be advised that these Terms of Use are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and terms of use for access or usage of the Website
  • We reserve the right to change these Terms of Use at any time. The changes will be effective from the date and time of the posting of such changes. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified.
  • CUSTOMER ELIGIBILITY:
  • Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website. If the person accessing the Website is a minor i.e. under the age of 18 years, such person shall not register as a User of the Website and shall not transact on or use the Website.
  • The Website reserves the right to terminate any membership and/or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
  • By accepting the Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and that such acceptance shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
  • The User must have a rupee denominated savings/current account with a bank in India.
  • User must have PAN. Permanent Account Number (PAN) is a ten-digit alphanumeric number, allotted by Income Tax Department, Government of India.
  • By accepting the Terms of Use, you acknowledge that you have also read and understood the risks involved in lending and/or borrowing through the Website.
  • SIGN UP AND REGISTRATION:
  • As indicated, any person may access the Website either by registering on the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
  • All eligible Users who wish/have to register themselves with the Website shall be required to create an account by filling in the details prescribed in the Website.
  • By applying for registration, the User agrees and authorizes Paisadukan to carry out such checks and verification. As part of the registration process:
  • We shall run identity, KYC( Know your customer policy as per Know-Your-Customers (KYC) Guidelines: Anti Money Laundering Standards of RBI policy ., Obtain a credit rating for Users from the Credit Information Bureau;
  • If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).

  • Users of the Website may be required to provide certain personal information and expressly permit the Website for accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the -personal information of the Users shall be subject to the Website’s privacy policy available at www.paisadukan.com
  • We will charge each Borrower a one- time registration fee of Rs.500/-( Rupees five hundred only) exclusive of goods and service tax under GST Act or Goods & Service Tax Act India 2017 for the services that we provide to the Borrowers. For any subsequent application, borrower will pay Rs. 250/- (exclusive of GST) for re-verification charges. These fees are non-refundable.
  • We will charge each Lender a one- time registration fee of Rs.500/-( Rupees five hundred only) exclusive of goods and service tax under GST Act or Goods & Service Tax Act India 2017 for the services that we provide to the Lenders. This fee will be non-refundable.
  • USE OF WEBSITE:
  • To lend or borrow through the Website you must log on to Paisadukan Account through the website.
  • All registered Users of the Website shall be solely responsible for activities relating to the account and the Website or the entity operating the same shall not in any manner be held responsible and/or liable for any illegal acts including but not limited to misuse, un-authorized access, hacking of the Website or refusal to access the Website due to such reason. In such circumstance you agree to compensate us against any all costs, losses and/or expenses which may incur from any fraud and/or illegal activity that you conduct using the Website/Online peer to peer digital marketplace/lending platform.
  • All Website Users hereby confirm and acknowledge that they have been provided with copy of the Tripartite loan agreement "Tripartite Loan Agreement to be entered among Bigwin Infotech Private Limited, the Borrower and the Lender/Investor. All Users further confirm that have read and understood all the terms and conditions of the Loan Agreement and upon execution do hereby covenant and undertake to unconditionally abide by the same, without raising any defense of whatsoever nature in respect thereof.
  • If any User learns or is made or becomes aware of any instance of hacking or misuse of its Paisadukan Account, it shall without delay notify the Website of the same.
  • We can refuse to act on any instruction received from User that we believe: (a) was unclear; (b) was not given by the user; (c) might cause us to breach a legal or other duty; or (d) suggests that the Website is being used for an illegal purpose.
  • The Website disclaims, and the User waives off, any and all claims/liabilities arising out of any unlawful usage of the Website, the personal information of the User, inaccessibility of the Website for any reason whatsoever, which are caused owing to causes beyond the control of the Website. While the Website employs best efforts to ensure the aforesaid, it cannot guarantee the same. No User shall trade or sell such User accounts in any manner whatsoever.
  • Notwithstanding anything contained herein, the Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. The Website may intimate the Users from time to time regarding such inaccessibility. However, under no circumstances will the Website be held liable for any losses or claims arising out of such inaccessibility to the Users, and the User expressly waives off any and all claims/liabilities arising to this end.
  • The Website grants every User a limited, non-exclusive and revocable license to access the Website and only to the extent such use does not violate these Terms of Use mentioned herein.
  • The User shall solely be responsible for obtaining access to the Website, and that access may involve third-party fees (such as internet service provider fees or airtime charges). In addition, the User must provide and shall be responsible for all equipment necessary to access the Website. The User may not bypass any measures that have been implemented to prevent or restrict access to this Website.
  • Any unauthorized use and/or access of/to the Website by a User (including any access through the registered account of that User or any device that the User may use to access the Website) shall terminate the permission or license granted to the User by the Website.
  • Under no circumstance shall any User save copies, download, and print or otherwise store any content of the Website for any commercial purposes. Accessing, downloading, storing, or otherwise using the content of the Website for any commercial purpose will constitute a material breach of these terms & conditions.
  • The Website strictly prohibits any use of the content available through the Website, including but not limited to: (i) any downloading, copying or other use of the content or the Website for purposes competitive to the Website or for the benefit of any third party; (ii) any caching, unauthorized linking to the Website or the framing of any content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or Services obtained from the Website that the User does not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in the Website’s sole discretion) an unreasonable or disproportionately large load on the Website’s infrastructure, or damage or interfere with the proper working of the Website’s infrastructure.
  • The Website reserves the right to refuse or cancel any registration of its Users, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate such access to or use of the Website at any time without notice.
  • USE OF CONTENT
  • While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
  • Belongs to another person and to which the User does not have any right to;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • Harms minors in any way;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
  • 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 of any other nation;
  • Infringes any patent, trademark, copyright or other IPR;
  • Contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Use the Website or content therein for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
  • INTELLECTUAL PROPERTY RIGHTS:
  • Intellectual Property Rights "IPR " for the purpose of these Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
  • All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or seller during or pursuant to its use of the Website for any purposes whatsoever.
  • The Parties hereto agree and confirm that no part of any IPR mentioned hereinabove is transferred in the name of User and any IPR arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
  • Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any IPR through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such IPR.
  • INDEMNITY:
  • The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as indemnified parties " from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with the User’s breach of these Terms of Use and/or any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party ) and/or any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or Violation of any rights of any third party by the User, including any IPR; each an Indemnity Event .
  • Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
  • The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.



  • FEEDBACK AND INFORMATION:
  • The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted. The Website may at its discretion, also make any modifications or changes to the Website and its content on the basis of such feedback or information. In the event that the Website makes any changes or modifications to the Website on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
  • By submitting any feedback or any information, the User hereby warrants that the feedback does not contain confidential or proprietary information belonging to the User or any other person; and/or shall not be entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
  • LIMITATION OF LIABILITY:
  • Notwithstanding anything to the contrary contained herein, neither Paisadukan 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 Paisadukan 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.
  • DISCLAIMER OF WARRANTIES:
  • 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 Paisadukan 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 non-infringement Paisadukan make no warranty that the Service will meet your requirements and/or the Service will be uninterrupted, timely, secure, or error-free and/or the results that may be obtained from the use of the Service will be accurate or reliable and/or the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations and/or any errors in the technology will be corrected. You shall solely be 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 Paisadukan through or from the Service will create any warranty not expressly stated in these Terms and Condition.
  • MISCELLANEOUS:
  • These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. You exclusively grant voluntary consent to the Courts in Mumbai, having exclusive and sole jurisdiction in respect of any matters arising here from.
  • All notices to be issued pursuant to these Terms of Use shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms of Use shall be sent to the Website’s grievance officer by e-mail at www.paisadukan.com .

In accordance with Information Technology Act 2000, RBI Guidelines and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mr. Prateek Ghodeshwar

E-mail Id: prateek_g@bigwininfotech.com

Phone No.: +91-22-49298989

Address:

  • This Terms of Use shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms of Use are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
  • If any provision of these Terms of Use is void, or is so declared, such provision shall be severed. The Terms of Use shall otherwise remain in full force and effect. Any failure or delay by a party to enforce or exercise any provision of these Terms of Use or any related right shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  • Nothing in these Terms of Use shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.