AdvanX

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND ADVANX FOR THE PURPOSE AS DEFINDED HEREUNDER.

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website/Application. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The website www.advanx.in (“Website”) and AdvanX mobile application (“App”) (hereinafter Website / App is collectively referred as “Platform”) are owned and operated by Advanx Fintech Private Limited or / its subsidiaries, affiliates and authorized service provider (“AdvanX” / “we” or “us” or “our”) a company incorporated under the provisions of the Companies Act, 2013, and having its registered office at 56-57 Sunder Park, Shastri Nagar, East Delhi, Delhi, India-110031.

To access, download, or use the Platform on any compatible device and avail services you are required to accept these Terms and Conditions, Privacy Policy, Disclaimer (“T&Cs” / “Agreement” / “Terms”) and constitute Your binding obligations, with AdvanX. These Terms were last updated on 15.09.2022.

By clicking on "I Accept" or "I Agree" or "I Confirm" or by downloading, installing, or otherwise using the Services, you signify that you have read, understood and agree to be bound by these Terms and any other Applicable Law, whether or not you are a registered User of the Platform. As used herein, “User” shall mean anyone who uses or accesses the Platform on any computer, mobile phone, tablet, console or other device (collectively, “Device”) and/or avails the services. Your continued use of the Platform and/or availing of the Services shall be constituted as your acceptance to the Terms, as revised from time to time. If you do not agree with these Terms, please do not access and use the Platform or avail such Services. These terms may be provided in other vernacular languages and in situation of any conflict regarding any provision or term the definition and meaning as provided in the Terms in English language shall prevail.

AdvanX may, at its sole discretion, amend the Terms from time to time. Unless otherwise set out herein, amendments will be effective upon AdvanX’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

In this Agreement, where the context so admits, words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neutral genders.

This Agreement may be made available in other languages as well, however, the English version shall control and prevail on any question of interpretation or otherwise.

DEFINITIONS

“AdvanX” or "we" or “our” or “us” shall mean AdvanX Fintech Private Limited, its affiliates, associates, group, and subsidiaries of AdvanX.
“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of a decision of, or determination by, or any interpretation or adjudication having the force of the law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question and laws of India;

“Credit Facility Application” or “Loan Application” means submission of application for availing short term loan, credit facilities by AdvanX with Lender(s).

“Insolvency Code” means the Insolvency and Bankruptcy Code of India, 2016.
"Loan"/ “Credit Facility” shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by the Lender, subject to the applicable terms and conditions of the Loan Agreement.
"Loan Agreement" shall mean the loan agreement including all other documents to be executed between Lender and the Customer(s)/ User(s) for granting the Loan whether in physical or electronic form as may be applicable from time to time.

"Outstanding Amount(s)" shall mean the Loan, interests and charges due and payable by you to Lender, on the respective due date(s).
“Personal Information” shall mean any document/information you provide to us and shall include, without limitation, your name, phone number, your address, signature, photographs, date of birth, email address, gender, photograph, occupation, employer details, documents, financial information (such as bank account, bank account statement) or credit card or debit card or other payments details, linked wallet details, your credit score, your Permanent Account Number (PAN), number, Aadhar number, identity proof document number, address proof document number, your salary slip, income tax return, TDS statement, information from credit bureaus and customer service providers, credit information report, academic records and certificates, details from database, social media activity, log in id and password, vehicle details and all details that may be requested by AdvanX from time to time for providing Services.

“Services” shall have the same meaning as provided under Clause 3 of this Agreement.
“Supplemental Terms” means such terms and conditions as may be applicable for a particular event, activity, promotion, or financial product/ Service and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s).
"Third-party Platform" shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms.

“User” or "you" or “your” or "end-users" or “customer” or “visitor” shall mean any person who accesses, downloads, uses, views the Platform and the Services and meets the eligibility criteria of User as mentioned in Clause 4 of the present Terms. User includes and means any person whether natural or legal accessing the Platform merely for browsing or for the purpose of the availing product offered by the Financial Partners of/Lenders partnered with by AdvanX.
"User Data" shall mean any data, information, documents or materials submitted with AdvanX prior to or during the use of the Services.

ABOUT ADVANX

AdvanX is a service provider facilitating the access between a Banking Company or Non-Banking Financial Companies registered with the Reserve Bank of India (“Financial Partner” or “Lender”) that are willing to lend, give Credit Facility and person(s) desirous of availing them. AdvanX has tied up with several Lenders to provide easy access to Loans to its Users. The Platform will scrutinize the credit worthiness of its Users, help in Loan Application process, connecting Users with appropriate Lenders according to their financial needs. The final decision in regard to providing Loan and borrowing is also subject to the choice of the Lender and the Users in their respective capacities as lenders/borrowers. List of our lending partners is provided at Appendix-1

AdvanX provides the Users access to various financial products and Service(s) offered by its Financial Partners. AdvanX provides access between Financial Partners, data partners, other partner lenders, borrowers and service providers to facilitate lending and borrowing, other financial products to the Users. Platform does not directly or indirectly provide any financial services nor does it provide financial advisory services in any manner to the Users. AdvanX is not registered with Reserve Bank of India and do not hold any license to engage in a business of lending and borrowing. AdvanX is not a financial institution under the Companies Act, 2013, the Banking Regulation Act, 1949, non-banking financial company-peer to peer lending platform (NBFC-P2P) or any other laws for the time being in force in India. AdvanX is also not a deposit taking company or a chit fund or a company offering any investment schemes as per the laws, rules and regulations for the time being in force in India.

In the event you wish to avail any of the financial products or Services displayed/offered on the Platform, you will be required to provide certain information as required along with registering yourself on the Platform and our representatives may contact you through phone or email to understand your requirements, to which you provide your consent.

SERVICES

The Service(s) will constitute your access to AdvanX and allow AdvanX to assess your credit worthiness, and subject to AdvanX determining (in its sole and absolute discretion) that it is appropriate to submit a Credit Facility Application to a duly licensed entity i.e., Lender who has partnered with AdvanX and use of such other functions as permitted by AdvanX. For the avoidance of any doubt, AdvanX is under no obligation whatsoever to reveal to you (including your nominees, heirs and successors) its assessment of your creditworthiness at any point in time. During the application process, you shall be required to share and upload the User Data as required. User Data shall include Personal Information including but not limited to any document/information you provide to us.

In addition to the aforementioned, AdvanX shall provide the following facilities to you:

Availing, granting, sanctioning, lending of short-term Loans, secured & unsecured loans/ consumer loan/ personal loan/ vehicle loan/ home loan/ business loan/, Credit Facility, or any other financial product or any ancillary services as offered through the Platform, its Financial Partners/Lenders or by third parties to the User(s) of the Platform.
Facilitate the Credit Facility /Loan from the Lender(s)/Partner(s), and to enable the execution of your Loan Agreement with such Lender in this regard;
Facilitate collection of equated monthly installment (as determined by the Lender), (either directly or its affiliates or through third-party service providers) from you in order to forward it to the Lender in relation to the Credit Facility you have obtained;
Create and maintain User Account in connection with the Services, on the Platform;
Facilitating provision of Loans to Users by various Financial Partners/Lenders partnered with us;
Assisting the Users to obtain their credit reports through authorized agents partnered with us. We will monitor and update the credit report obtained by the User through the use of the Platform as and when we receive such report from the authorized agents.
You understand that AdvanX has been appointed by the Lender to collect, authenticate, track your location, verify and confirm the User information, data, documents and details as may be required by the Lender to sanction the Credit Facility.
Verifying the financial capabilities of Users;
Providing other financial products like insurance, other financial products as may be offered by its partner, third parties through the Platform;
Provision of a social score based on the User’s Facebook, Twitter, LinkedIn or any other social media account(s) that are linked with the User Account on the Platform.

iii) Please note that we may from time to time modify or withdraw existing products, features, or Services, or otherwise introduce new features or services on or through the Platform. The term “Services” shall include any modification to existing, as well as any new features, or products.

USER
You represent and affirm that you are a natural /legal person who has attained the age of at least 18 years, having tax residency in India, and are eligible to enter into a contract under the Indian Contract Act, 1872. If you are a non-individual/legal/business entity, you shall be duly authorized (by such non-individual/legal/business entity) to agree to these Terms.
You represent that you are not a Politically Exposed Person resident outside India as provided in the RBI Master Circular– Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards/Combating Financing of Terrorism (CFT)/Obligation of banks and financial institutions under PMLA, 2002 from time to time.

You consent to conduct transactions, accept the Terms, Privacy Policy, Disclaimer and accept and provide correct Disclosure as displayed on the Platform and asked by AdvanX from time to time.

You shall be a natural/legal person/entity to enter into these Terms. Any use of AdvanX by ‘bots’ or other automated tools or methods is not permitted under this Agreement.
You represent and warrant that no legal proceeding/court action is pending against you which may impact or modify your existing financial conditions including in respect of bankruptcy/ insolvency proceedings and you have not been declared insolvent under Insolvency and Bankruptcy Code of India, 2016 or under any Applicable Laws, rules or legislations by any competent court of law.
The User is allowed to utilize the Services of the Platform in accordance with the Terms of this Agreement. By registering on the Platform, the User hereby undertakes to agree and abide by the Terms mentioned in the present Agreement. If the User violates any of these Terms, has provided inaccurate or wrong information, or otherwise violates any terms, Supplemental Terms which are in addition and not in derogation of the present Terms as may be applicable in regard to any specific service or financial product, agreement, undertaking entered with Lender or Platform, AdvanX may suspend or terminate the User’s Account / membership, or limit their usage of/access to the Platform.

CHANGE IN USER TERMS

AdvanX reserve the right, at its sole discretion, to change, modify, add or remove portions of the Terms, at any time without any prior written notice to the User. It is the User’s responsibility to review the Terms periodically for any updates/ changes. User’s continued use of the Platform following the modification of the Terms will imply the acceptance of the revisions by the User.

GENERAL TERMS

i) AdvanX undertake a dynamic evaluation of risk in relation to each Credit Facility Application submitted by You. We may undertake a separate determination in relation to each Credit Facility Application made by you. Given the dynamic nature of the determination made by us, you acknowledge that there is no assurance or guarantee that we shall allow You to submit a Credit Facility Application for each and every Credit Facility that you seek to avail through the Platform.

ii) AdvanX shall make reasonable efforts to ensure that you find a suitable Lender. However, we do not guarantee that such Lender shall meet your requirements or expectations. You acknowledge and agree that AdvanX has not held itself out as a loan provider in any manner.

iii) You understand that AdvanX has been appointed by the Lender to collect, authenticate, verify and confirm the Personal Information or User Data, documents and details as may be required by the Lender to sanction the Loan. All transactions undertaken on your behalf by AdvanX will be on the basis of your express instructions/consent and will be strictly on a non- discretionary basis.

iv) Access to Credit Facilities is subject to various criteria determined by the Lenders, including but not limited to the credit policies of the Lenders, your credit bureau reports, successful completion of the Know Your Customer process prescribed by the relevant Lenders, among other things.

v) As service provider, AdvanX shall undertake communication, transaction and processing on behalf of its Lender(s). We may collect the physical documents including signatures on those documents required for sanctioning and processing the Loan.

vi) The Services are provided solely in accordance with Indian Laws. We do not represent that the content available on or through our Platform is appropriate for use or is available in other jurisdictions.

vii) For avoidance of doubt, the Platform has no direct access to your bank, credit card or debit card account information, or any transaction information. Further, the Platform does not require any bank login particulars from you.

ix) For the provision of the above-mentioned Services, we will be using and sharing the information of the User with multiple Lenders/ third parties as notified to you, as may be required for the purpose mentioned above and we shall also run multiple credit checks to be able to get the best available offers to suit the needs of the User(s). The collection, storing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy.

x) Lender will determine and approve the credit limit sanctioned to you, details of which shall be available on your User Account. Subject to this credit limit, the Lender may, at its sole discretion, allow disbursements, by confirming the disbursal amount and other terms and conditions of the disbursal (as determined by the Lender) as set out on the Platform, in the Loan Agreement and any other document as prescribed by the Lender.

xi) Lender(s) is free to reject any recommendation made by AdvanX to it about the processing of a Credit Facility Application or grant of Credit Facility to You. You undertake and agree that no document uploaded or document solely signed by you shall modify these Terms.

xii) We may, from time to time, announce certain offers with the intent to promote Platform and/or Services/ ancillary services ("Promotional Offer(s)"). The Promotional Offer(s) would always be governed by these Terms plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms to the extent they may be in conflict with these Terms. AdvanX reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

xiii) AdvanX may receive remuneration from Lenders, third party service provider, it’s partners for services provided to them.

xiv) Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data usage rates and fees will apply if you access or use the Services from a wireless-enabled Device. You are responsible for acquiring and updating compatible hardware or Devices necessary to access and use the Services and any updates thereto. AdvanX does not guarantee that the Services, or any portion thereof, will function on any particular hardware or Devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

USER’S REPRESENTATION AND WARRANTIES

i) You hereby consent to AdvanX using the information provided by you to identify and obtain Credit Facilities that are appropriate for you, for which we may charge you a facilitation fee along with applicable taxes, cess etc. It is clarified that processing fee for the Credit Facility shall be paid by the Lender to the Platform and no fee for the same shall be charged from User.
ii) By making use of this Platform, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that AdvanX may contact you either electronically or through phone, to understand and to fulfill the users requirement.

iii) You agree that Personal Information shall always be accurate, correct and complete. As part of the Services, you authorize us and our partners to import your details and Personal Information dispersed over Third-Party Platforms. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from Third-party Platforms.

iv) You agree and accept that AdvanX or AdvanX Partner(s)/ Lender(s) or any entity authorized by AdvanX may in their sole discretion, by itself or through authorized persons, advocates, agencies, bureau, etc. verify any information given, check credit references, employment details and obtain credit reports from credit bureaus and credit information companies like Equifax, CIBIL and other similar organizations to determine your creditworthiness from time to time.
v) You acknowledge that AdvanX allows you to submit a Credit Facility Application on the basis of a determination made by its financial experts using its methodologies and software algorithms.
vi) You agree and undertake you will not utilize the Loan for any illegal or unlawful activities.

vii) You agree that AdvanX or its Lender(s)/third party service providers can submit your Loan Application to any number of Lenders to fulfil your requirement. You however will have a choice of finally availing the Service/product.

viii) You understand that there might be inadvertent delays while the Services are being rendered to you, including but not limited to, at the time of making a purchase or making payment to the merchant. Please note that any transaction may be cancelled till the time it is confirmed by AdvanX.

ix) You confirm that the money used for any payments is from legitimate purpose only and the transactions executed by You are not any unlawful purposes of contravention and/or evasion of any Act, rules, regulations, notifications or directions issued by a regulatory authority in India or in violation of your agreement with Lender.
x) AdvanX shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with the present Terms of Use.
xi) You hereby consent to receive communications, notices and information from us through post or other physical medium or electronically (whether through SMS, emails, phone calls and automated phone calls) even if the mobile number is registered under DND/NCPR list under TRAI regulations. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number/communication details provided by you during the sign-up process as per our records, or when we post the electronic communication on the Platform.

xii) It is expected that reasonable behavior shall be followed by the Users while utilizing the Services offered by the Platform. All the calls made to our customer care are recorded by us for quality, training and record purposes.

xiii) You understand and agree that you are solely responsible for compliance with any and all Applicable Laws, rules, regulations, and tax obligations that may apply to your use of the Platform and Services.

LOAN DOCUMENTATION

i) To avail the Service(s) offered by Financial Partners, they may require You to submit further documentation, information and details as required under Applicable Laws and its internal policies prior to making any decision about grant of Credit Facility to You. When Lender decides to grant a Credit Facility to you, it shall require that you execute a credit facility agreement (“Loan Documentation”/“Loan Agreement”) with it to record the terms of the arrangement, repayment, purpose of loan, applicable rate of interest, penalties, fines etc. Along the Loan Agreement, the Lender may require you to furnish necessary undertakings, provide security or guarantee as per the terms of Loan Agreement. You undertake to comply with terms as contained in the Loan Documentation entered into with the Lender(s).
ii) Where a Lender approves your Loan application, you shall be presented with the Loan Agreement on the Platform for you to execute. You may also be required to fill and upload any other document as may be required by the Lender.

iii) Thereafter, you may be required to fill and upload the ECS/NACH mandate form/Cheque or any other document as may be required by Lender. The Platform may verify Your credentials by physical verification, collection of the physical documents including signatures on those documents required for sanctioning and processing the Loan. Upon the collection of documents by the Platform, Lender shall disburse the Loan subject to the terms and conditions of the Loan Agreement.

iv) The sanctioned Loan shall be disbursed as per the mode provided in the Loan Application and other documents executed between you and the Lender. You are required to repay the Outstanding Amount(s) to the Lender, on the respective due date(s) as per terms of the Loan Agreement/Platform. Notwithstanding, the above it will be sole discretion of the Lender to provide Credit Facility to You after assessing your credit worthiness and Lender(s) reserves all rights at its sole discretion to reject any Loan Application.
v) You agree to follow the following Lender specific criteria, terms & conditions for the Credit Facility provided to you. The Lender’s name for your loan will be included in written communication and Loan Agreement shared with you.

USER ACCOUNT AND KYC

For availing our Services, you are required to maintain an account (“User account/Account”) and will be required to furnish certain information and details, including your name, email id, contact number and any other information deemed necessary by us, which we will use to authenticate your identity by generating a one-time-password. We allow you to open only one account in association with registration data provided by you.
You may be required to undertake certain know-your-customer (“KYC”) processes with us in order to avail the Services. In this regard, we may (or under the instructions of our Lenders) require you to upload documents and information (“KYC Documents”) that may be necessary to ascertain your eligibility to avail the Credit Facility.

You authorize us and our third-party service provider we may engage with, to process KYC Documents and ascertain your eligibility. Any processing that we undertake shall be in accordance with our Privacy Policy. You agree that such processing may be subject to additional terms of service in the event a third-party processes information under this clause. Further, in the event any additional information, data, or documentation etc. (collectively, “Additional Information”) is required to determine eligibility, you agree to share such Additional Information promptly upon request, and further authorize us to process such Additional Information.

We collect, store, and use the data stored or accessed through the Central KYC Registry for completing the Know Your Customer process from you in accordance with the Prevention of Money Laundering Act 2002 and KYC Master Directions 2016 . Such collected data shall be used to ascertain your compliance with the specified regulations through various modes but not limited to Central KYC Registry, Unique Identification Authority of India (UIDAI) and other Know Your Customer authentication method, hence you hereby expressly out of your own free will and without any undue influence, coercion, fraud, mistake, misrepresentation provide your consent to AdvanX, Lenders and other partners of Platform to use, access, modify, store, download, upload or take any other action in relation to any data stored or accessed through the Central KYC Registry for the same.
We may obtain sufficient information to establish, to the satisfaction of the Financial Partners, the identity of each new customer/User, and to ascertain the purpose of the intended nature of the relationship between you and the bank/financial institution/ third parties. You agree and acknowledge that we can undertake enhanced due diligence measures (including any documentation), to satisfy that customer due diligence requirements are in line with the requirements and obligations under the Applicable Laws including but not limited to Prevention of Money Laundering Act, 2002 and existing or subsequent Rules.
You are responsible for maintaining the confidentiality and security of the User Account, password, activities that occur in or through your account and for restricting access to your computer system to prevent unauthorized access to your account.

You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known/disclosed to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. User shall ensure that details provided true correct and complete and neither AdvanX nor its partners shall have no obligation/liability in case details are untrue or incorrect or inaccurate or incomplete.
In the event of any changes to the information shared by you at the time of registering on the Platform, you shall be responsible for forthwith notifying the said changes to us. You can access and update most of the information you provided us on the ‘dashboard’ area/portal/screen of your account after you log-in or by writing to us at support@advanx.in If You fail to notify us of any changes in the information shared with us, we will continue to use your information already available with us. The right to use this Platform is personal to the User and is not transferable to any other person or entity.

You shall, at all times, abide by the Terms stated herein and Supplemental Terms stated herein and any breach of the same may also lead to us terminating your User account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.
You further understand and agree that disbursement of a Credit Facility, approval of any Service, or deletion of AdvanX mobile application, deactivating/deleting your User Account from Platform does not automatically rescind the consent you have provided to us under the present Terms & Privacy Policy. Accordingly, in the event you want us to delete all your personal data, please write to us at support@advanx.in and if you just want to unsubscribe from our Promotional Offer, referral offers, scheme emails your can inform the same to our customer support and may kindly not delete your account. AdvanX only seek information which is important for providing the Services and the mandatorily information is specifically marked.
You hereby agree to accept responsibility for all activities that occur under your User account or password which is beyond the control of AdvanX.

You acknowledge that the third-party service provider/agent/agencies will have access to your Personal Information on a need basis to assist us in rendering Service. The third-party service providers are obligated not to disclose or use the information for any other purpose.

FEES & PAYMENT TERMS

You unconditionally and irrevocably authorize AdvanX and/or their Lender to charge certain charges/convenience fees/processing fees ("Convenience Fee"") along with applicable taxes, GST, cess etc. as applicable for the Services provided by Platform. Any such Convenience Fee shall be communicated to you on the Platform you unequivocally and irrevocably authorise us to recover any charges owed by you for availing the Services. The Convenience Fee is an admitted liability of the User and shall be payable by the User. The Convenience Fees mentioned under this Clause are non-refundable, non-transferrable and non-assignable in nature and AdvanX and/or their Lender may, at their sole discretion, modify the Convenience Fees on a case-to-case basis.
You are responsible for any Convenience Fee that may be applicable to usage of certain transactions or use of the Platform shall be paid by you upfront; where you will be notified of such applicable fees, prior to the completion of any transaction or the charges, Convenience Fee as notified on the Platform from time to time. By clicking ‘Proceed’/ ‘Submit’ / ‘Continue’ or any other similar button on the Platform, you shall be deemed to have consented to the processing fees, applicable taxes, charges and any other statutory duty, tax which may be applicable in present or made applicable in future upon you for the Services availed.

You hereby agree to comply with any and all applicable tax laws in connection with your use of AdvanX Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made in regard to the Services availed through Platform, or funds/income received through the Platform Services. You hereby agree and acknowledge that if and when required by applicable law, AdvanX, may deduct applicable Taxes as required by law or require You to submit PAN details before providing any Service.

You hereby agree and acknowledge that if and when required by applicable law, AdvanX, may deduct tax deducted at source or require You to submit PAN details before providing any Service. You hereby agree and acknowledge that if and when required by Applicable Law, we may deduct tax deducted at source.
You confirm that, if You receive any wrong Credit Facility / Loan or any fund in Your bank account from any of the Financing Partner, which does not belong to You, you shall immediately report the same to us and shall also immediately return/refund the said funds back to the Financing Partner through the Portal or as may be directed by AdvanX.

CANCELLATION OF SERVICE

Loan transactions once initiated on the Portal/ through AdvanX cannot be cancelled by you other than as specifically allowed on the Portal/as per your Loan Agreement. Notwithstanding the above, for the Credit Facility Application once approved by Lender will cancelled in accordance to the Loan Agreement and all other taxes, cess and other charges as may be applicable be paid by the User, irrespective of the fact as to whether the User avails the Credit Facility or not.

PRIVACY

We collect certain information from you in order to provide the Services. Our use of your Personal Information is governed in accordance with the Privacy Policy. (Hyperlink)

USAGE CONDITIONS

AdvanX grants you a limited license to access and use the Platform for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of AdvanX and/or its affiliates, as may be applicable.
Any unauthorized access to the Platform or any networks, servers, or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted and shall invite legal action. The Platform is licensed and not sold to you and shall only be used as per these Terms.

This license is non-transferable and does not permit any resale or commercial use of the Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your authorized 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 AdvanX and/or its affiliates, as may be applicable. Any unauthorized use of the Platform shall result in immediate termination of the permission and revocation of the license granted by AdvanX.

SERVICE SUSPENSION OR WITHDRAWAL OF OUR PLATFORM

We may wish to stop providing the Services and may suspend or terminate use of the Platform at any time without giving notice of such suspension or termination to you. Unless we inform the User otherwise, upon any suspension or termination:-

the rights and licenses granted to you under the Terms shall cease to exist; and
the User will lose the access to the Platform.

We reserve the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business, legal and operational purposes. We will try to give you reasonable notice of any such suspension or withdrawal.

We shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

15. REPAYMENT

You must repay the Loan availed from Lender along with all interest, charges and fees payable to Lender in such manner as prescribed by Lender and agreed under the Credit Facility Application form, Loan Agreement as and when it becomes due.

SEPARATE TRANSACTION

You acknowledge that a Credit Facility disbursed under the Loan Documentation or any financial product or Service(s) availed by you is a distinct transaction between you and the Lender, independent of AdvanX’s Service. Any dispute between Lender and you with respect to any Credit Facility disbursed to you, must be directly settled between the Lender and you and that You will not include or seek to include AdvanX in such dispute, failing which AdvanX shall be at liberty to take any and all actions that may be available to it to protect its interests.

NACH (NATIONAL AUTOMATED CLEARING HOUSE)MANDATE

Should you avail a Credit Facility, subject to the terms and conditions agreed upon with the Lender, you may be required to create a NACH/e-NACH mandate on the Platform over the account details that you have provided to us along with submission of postdated cheques (PDC’s). Please note that the grant of a Credit Facility/Loan is conditional on you granting a NACH/e-NACH mandate or submission of PDC’s as required by the Lender. Should you cancel the NACH/e-NACH mandate while the Credit Facilities / Loan(s) are still outstanding, you will be required to provide us and the Lender with an acceptable alternate repayment instrument (which may include without limitation, NACH or UPI based e-mandates, e-NACH).

COLLECTION AUTHORIZATION

You agree to allow AdvanX collection agency, it’s agents or other service providers to send you payment reminders from time to time at such frequency and in such manner as permissible under Applicable Laws. You further permit the Lender to appoint AdvanX (or its subsidiary/affiliates/agents) as collection agency. You further permit AdvanX to use: -

any User generated content; and/or
other information which you have granted AdvanX access to, for the purposes of enabling AdvanX to send payment reminders to yourself or to other persons who can be contacted by AdvanX through you whether or not such other persons are users of the Platform to the extent permitted under Applicable Law.

You agree to allow AdvanX (or its third-party service providers), on behalf of the Lender(s), to engage in collection efforts to recover amounts that you failed to pay to AdvanX or the Lenders, pursuant to these: -

Terms and Supplemental Terms; and/or
terms and conditions of the Lenders i.e., Loan Documentation;
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 the creation of the Account, submitting your information to a collection agency, or taking legal action as per the Applicable laws.

You agree and permit AdvanX to verify your credentials form your employer, if your employer has agreed and signed the employee wellness and benefit scheme, if any offered by AdvanX, in such circumstances all your credentials will be verified and checked at regular intervals from your employer or concerned HR manager to ascertain your salary, earned wages, and other information as may be required. This clause is applicable to only User’s whose employer has entered with separate agreement with the AdvanX to avail benefit of employee wellness and benefit scheme as offered by AdvanX or its Lenders.

INTELLECTUAL PROPERTY RIGHTS

The content and information contained within our Platform or the one delivered to you is the property of AdvanX and any other third party or partner (where applicable). The trademark, trade names and logos that are used and displayed on our Platform are proprietary to us and other third parties or partners. Nothing on our Platform should be construed as granting of any license or right to you to use any Trade Marks, Trade Names and Logos displayed on our website. We retain all proprietary rights on our website. Users are prohibited from using the same without written permission of AdvanX or such other parties as deemed essential. Without the prior written consent of AdvanX no part of any materials on our Platform may be modified, reproduced, copied, stored, transmitted, distributed, used for creating works or used in any other way for commercial or public purposes. Any copying of any part of the Platform shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the AdvanX, including for civil wrongs and criminal offences.

LIMITATION OF LIABILITY

You expressly understand and agree that we (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform), or (ii) any use of the Platform, or (iii) the performance or non-performance by us or any provider/Lender/partner, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment, mobile, device or other property as the result of your access to the Platform or your downloading of any content from the Platform.
Notwithstanding the above, if the we are found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that our liability shall be restricted to, in the aggregate, any Service/transactional fees paid by you to AdvanX in connection with such transaction(s)/ Services on this Platform, if applicable.

We have no control over the third party websites which would be provided to you through the Platform. You acknowledge and agree that under no circumstance shall we be liable for your using the services offered or provided by any third party service provider on our Platform.

AdvanX shall have no liability in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall AdvanX be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay, delay in processing of Loan Application, disbursement of Credit Facility etc., or inability to access, display or use the Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products, and services obtained through Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if AdvanX and/or its affiliates their respective service providers have been advised of the possibility of such damages.

REGULATORY CHANGES

You acknowledge and agree that we may have to modify the Services to comply with the Applicable Laws. As a result of this, you may be unable to access or use all or any part of the Services. We shall not be liable to you for such inability to use the Services pursuant to our compliance with the Applicable Laws.

INDEMNITY

The User agrees to indemnify, save, and hold AdvanX, its 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 of legal fees and expenses, arising out of or related to User’s use or misuse of the Services or of the Platform, any violation by the User of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by the User during the creation of User Account or 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 the User on the Platform. AdvanX reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User shall be required to indemnify AdvanX, including rights to settle, and the User agrees to cooperate with AdvanX’s defense and settlement of these claims. AdvanX will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third-party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive expiry or early termination of this Agreement.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances AdvanX shall be held liable for failure or delay in performance of Services of any damage, loss, loss of services of Platform, due to deficiency in the provision of the Service, if the whole or any part of the performance of Service(s) is prevented or delayed by any reasons arising directly or indirectly out of from acts of god, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in Applicable Laws, regulations, including Reserve Bank of India regulations, bye laws, circulars, floods, storms, electrical failure, civil disturbances, riots and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”).
Notwithstanding the above, a Force Majeure Event shall not affect the payment obligations of the User towards the Lender or towards AdvanX and the User undertakes to make all payments / EMI’s for the Credit Facility availed as per the Loan Agreement.

ADVERTISERS/THIRD-PARTY LINKS ON THE PLATFORM

We accept no responsibility for advertisements, third party links contained within the Platform. AdvanX have no control over them and accept no responsibility for the content of any website or mobile application to which a link on the Platform exists. Such linked websites and mobile applications are provided “as is” for the User’s convenience only with no warranty, express or implied, for the information provided therein. We do not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform provides a link. Your interaction with any third party accessed through the Platform is at your own risk, and AdvanX will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

ACKNOWLEDGEMENTS

You acknowledge that AdvanX is a platform solely engaged in providing services relating to the facilitation of the provision of financial services to the Users. AdvanX is not engaged in either grant of loan or any other financial products.
You acknowledge that the use of the financial products and Service(s) is entirely based on the negotiations between the User and the Financial Partners/Lenders partnered with AdvanX, and AdvanX or its affiliates, contractors, employees, officers, directors, agents and its third-party associates or licensors do not have any liabilities with respect to any financial products or assistance procured or intended to be procured by a User. You acknowledge that AdvanX will not be responsible for any claim or damage in case of use of the financial products by You. AdvanX in no manner warrants or guarantees the performance of a Lender that is offering various financial products or Services on the Platform.

You agree and authorize AdvanX to share your information with its group companies, affiliates, business partners and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar Services to provide you with various value added services, in association with the Services selected by you or otherwise.

You agree that we may in accordance with our Privacy Policy collect and use your information and technical data and related information. In addition to any consent, you may give pursuant to the Privacy Policy, you hereby consent to:

Lenders retrieving your credit score from credit information companies for the purpose of evaluating your eligibility for a Credit Facility;
Lenders sharing your credit score with us in order to recommend appropriate credit products to you on the Platform; and
us sharing the Transaction Information with our affiliates and Lenders.

We may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.

TERM AND TERMINATION

These Terms shall remain in effect unless terminated in accordance with the terms hereunder. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and us, we may terminate your use of the Platform at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
Upon termination of the Services by AdvanX you shall not be eligible to avail any features of the Services. These Terms shall terminate, except for those clauses that are expressly or are impliedly intended to survive termination or expiry.

In case you have not availed any Credit Facility/Loan(s) through us, or have repaid the loan amount in full, and do not wish to continue using our Services, and/or wish to deactivate your User Account, and/or unsubscribe from the mailing lists, you may do so by contacting us at support@advanx.in.

On termination of this Agreement, the entire amount due shall be forthwith repayable by you to the Lender. It is hereby expressly clariﬁed that notwithstanding the termination of this Agreement or the recall of the Loan amount or amounts due, your obligations pursuant hereto which have accrued prior to the termination, shall be duly performed and all your obligations shall remain enforceable until the Outstanding Amount due is repaid in full along with any interest, penal charges processing fees, service charges inclusive of all taxes and expenses.
AdvanX reserves its right to immediately terminate this Agreement for non-repayment of the Outstanding Amount / Credit Facility availed through Platform or any other charges payable by you pursuant to these Terms or you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors. Provided that, the User shall have full responsibility and liability for repayment of any outstanding amount along with any interest, penal charges, processing fees, service charges inclusive of all taxes and expenses.
You may close your account at any time by contacting us at _______________. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment to AdvanX or the Financing Partner, AdvanX will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. AdvanX will retain your information in accordance with our Privacy Policy and Applicable laws. Any claim in relation to this Terms of User should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

Without prejudice to any other rights or remedies which it may have, AdvanX shall have the right to terminate Your access or usage rights to the Services, for any reason whatsoever (including but not limited to non-compliance with any applicable laws or these Terms), at any time without any prior notice to You.

REFUND

Any additional payment beyond the User was under obligation to pay will be refunded back within 30 days pursuant to the reconciliation of the accounts by AdvanX or the Lender/Financial Partner. The processing fee and other charges levied for availing the Services are non-refundable.

GOVERNING LAW & JURISDICTION

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts at Delhi shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of AdvanX, its Services or other matters covered herein.

MISCELLANEOUS

i) Assignment

You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrue in our favour, at our sole discretion, without any restriction.

ii) Ancillary Services
You may have access to chat rooms, blogs, feedback sections, reviews, and other features (collectively referred to as "Ancillary Services") that are occasionally made available on the Platform and may be run by us or a third party on our behalf. You must not (and must not allow any third party to) use these ancillary services to engage in any illegal or immoral activities, including falsely stating about or otherwise misrepresenting your affiliation with a person or entity, or defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as the privacy rights, of others.
The Platform may also include remarks, opinions, and recommendations from a range of experts, professionals, analysts, etc. AdvanX does not support the truth or dependability of any such recommendations, opinions, or assertions. At your own expense and risk, you may rely on these. You are in charge of independently confirming and assessing the truth, completeness, trustworthiness, and applicability of any statements, services, opinions, or other material made available on the Platform. Nothing on the Platform should be taken as advise on specific facts or situations or as professional advice in the areas of law, accounting, tax, finance, investments, or any other profession.
Any information that may be accessible on the Platform may be updated, edited, altered, and/or removed at AdvanX's discretion. AdvanX shall not be held responsible or liable for any subsequent action or claim that causes loss, damage, or responsibility. Nothing on the Platform should be interpreted as an advice to utilize any specific product or procedure, and AdvanX disclaims any express or implied promise that doing so won't violate any laws or patents.

Entire Agreement

These Terms along with any supplementary terms or addendum as may be prescribed by AdvanX and/or Lender(s) constitute the entire agreement between the parties pertaining to the subject matter contained herein and any written or oral agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by AdvanX.
When you visit the Website/App/chatbot or send emails, messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by Email/Bot/SMS/RCS/WhatsApp or by posting notices on the Website/app/chatbot. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Waiver
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorized signatory of the waiving Party.
No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to AdvanX shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.

v) Severability

If any of the terms, conditions or provisions contained in this Agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

vi) Survival

You acknowledge that your representations, undertakings, and warranties and the clauses relating to Indemnities, Limitation of Liability, Repayment of Loan, Governing law and these general provisions shall survive the efflux of time and the termination of these Terms.

vii) Amendment

We reserve the right to change, modify, add to, or remove any portion of these Terms at any time, subject to the policies of AdvanX and applicable regulations.

GRIEVANCES

Users have complete authority to file complaints/share feedback if they are disappointed with the Services rendered by AdvanX. You can submit your grievances/feedback in writing or by contacting the customer care or by way of an email to the following:

By visiting in person or through authorized representative and filing the feedback/grievance/complaint in the grievance/complaint register available at the nearest branch office, or zonal, or head office
By Post to nearest branch office, or zonal, or head office
Customer Care Toll Free number: - _________________________
Customer Care/ Grievance Redressal Email ID- support@advanx.in
Grievance Redressal Officer (Complete Detail):- _______________

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.