Definitions and Interpretation

• "Application” and/or “App” refers to a computer software designed for a handheld device;
• “Customers”; “User”; “means any person, organisation, or entity that accesses, uses or attempts to access and/or use HospiKash’s Website and/or Application and its allied Platforms (including Services);
• “Device” means mobile phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;
• “Platform” and/or “HospiKash Platform” means a platform or digital platform in which a piece of software is executed including and not limited to hardware, operating software, web browser, associated application programming interfaces , or other underlying software.
• “Services” means any or all products, services that HospiKash provides and may provide as a financial technology platform.
• “Website” means a set of related web pages located under the domain name “https://hospikash.com”

The terms "WE", "OUR" and "US" refer to HospiKash and the terms "YOU", "YOUR" "USER" or “CUSTOMER” refer to you, as a user of the HospiKash Website and/or App.

Services

• HospiKash provides and facilitates financial products and services via its website and/or App and other allied platforms for a hyper-distinctive customer centric service and experience.
• You agree to provide accurate, current, and complete information about yourself/ person.
• - You agree to provide, maintain, and promptly update the Registration Data to be accurate, current, and complete.
• - If you provide any information that is inaccurate, not current or, incomplete or where HospiKash has reasonable ground to suspect that such information is inaccurate, not current, or incomplete, HospiKash has the right to suspend or terminate your account.
• You may access and avail the Website and/or App and its allied Platforms as and when authorised by HospiKash. You are not authorized to commercially exploit the Website and/or App and its allied Platforms; anything in that respect will have to be specifically licensed by HospiKash
• You agree not to reproduce, duplicate, copy, sell, resell, use, access or exploit any portion of the Website and/or App and its allied Platforms.
• Any use of the information you provide to us is subject to your understanding and acceptance of our Privacy Policy available at “https://hospikash.com/privacy-policy.php”.
• HospiKash shall send you all information pertaining to your account inter alia on applications, payment authorization, notices, e-reports and authentications in electronic forms only via your registered and self-declared contact details as per our records. Any applicable channel for communication including but not limited to Email, SMS, WhatsApp messages shall be deemed as official communication
• You may not scrape the HospiKash Website and/or its App and its allied Platform for spamming purposes.

Care now, pay later

You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in our Privacy Policy “https://hospikash.com/privacy-policy.php”, including for the purposes of us / our partners complying with various laws, regulations and guidelines (including Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards / Combating of Financing of Terrorism (CFT) / Obligation of banks under the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time.

You further acknowledge that if you do not provide the requested information to HospiKash, HospiKash or its partners will be unable to provide or continue its / their services to you. You confirm that all information given to HospiKash (whether in HospiKash’s online form or otherwise) is true, correct and not misleading. You agree to provide any additional documents to HospiKash or any of its partners as may be required from time to time.

You hereby understand that every time you wish to make a payment/avail loan/credit facility, using HospiKash, you will be provided with online loan terms and conditions. Upon accepting such terms during the course of your online loan application, you and your successors/ heirs/ executors will be bound by the terms of the loan in relation to the credit facility. You understand and agree that HospiKash may charge you a non-refundable administrative fee or a technology usage fee for facilitating the loan to be availed by you and you agree to pay the same. You must understand that this fee may not be refundable to you even if the loan is cancelled for any reason whatsoever and may change from time to time as per the sole discretion of HospiKash.

You hereby understand that when you apply for a loan, HospiKash, on behalf of one or more lending partners, may check your records, amongst other things, with its own records, and any information as available to HospiKash through any of its sources, including those at credit information companies (CICs); those at fraud prevention agencies (FPAs) for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.

You also agree that if you avail any loans through HospiKash, you will not (i) use the proceeds thereof for any purpose other than as declared to HospiKash or our lending partners, (ii) use the Services in violation of applicable law or (iii) circumvent or attempt to circumvent the provisions of any terms that apply to you or act in a manner that is fraudulent, malicious or otherwise prejudicial to HospiKash’s reputation direct or indirect interests in relation to the Services Your lender also has the right, and obligation, to report your details to CICs in the event that you have delayed repaying your loan instalment.

You acknowledge that HospiKash does not lend any money directly to you but arranges the loan for you from one or more lending partners.

The HospiKash Credit Limit provided to you is our assessment of your eligibility based on various factors including policies of our lending partners, the market influences and our previous experiences. HospiKash can revise or cancel the credit limit at any time. Our decision in this regard shall remain final and binding at all times, while you are free to accept or reject such terms as per your good judgement.

You acknowledge that interest rates may vary across different lenders, borrowers and loans. To understand the approach that may be followed by our lending partners in determining the interest rate.

You understand and acknowledge that HospiKash has partnered with shops, entities and institutions (“sellers”/”providers”) across the country, who are facilitating the use of HospiKash credit facility in lieu of the products and services availed through such sellers and providers. HospiKash is not a provider or seller and HospiKash or any of its affiliates are not responsible for the quality/completeness of such goods, products and services. Any product or service availed by you will be a direct responsibility of you and/or the seller/providers with no liability of HospiKash. Irrespective of the completeness or quality of such product/service, credit facility/loan availed by you while availing such products/services will remain your sole responsibility and all necessary repayments shall be made by you/ your successors/ heirs/ executors as applicable. Responsibility of repayment shall not be on the seller/provider in any case where you are the applicant of such credit facility/loan.

You acknowledge that you will be responsible to make timely repayments towards such credit facilities availed through HospiKash. All due repayments shall be made as per loan schedule, only digitally using e-payment methods like IMPS/NEFT/UPI/Debit Cards etc, through our partner payment gateway. HospiKash shall not facilitate repayments in cash or any other non- digital mode. The use of such payment gateways shall be in accordance with the performance terms and conditions of such payment gateways. HospiKash will not be liable for any deficiency in service of such 3rd party payment gateways.

Paid Services

HospiKash Services are subject to various charges and fees/ service fee/ subscription fee to cover the costs for administrative and other expenses. Each transaction request may be subject to service fees, registration fees and recurring fees, as specified (“Service Fees”).Please refer to the details of such Service Fees prior to making any transaction on HospiKash. The transaction will only be completed once you consent to payment of the specified Service Fees, payable transaction wise or otherwise, as indicated.

Applicable fees may be deducted from your transaction proceeds. If you link a bank account to your account, you authorize us to collect the Service Fees from your linked bank account or from funds received by you, subject to your prior due consent.

We reserve the right to change our Service Fees upon ten (10) days' advance notice. Your continued use of the Platform after notice of a change to our Service will constitute your agreement to such changes.

By approving or accepting any transaction request or offer, you agree and acknowledge HospiKash may charge fees as maybe specified for each particular transaction or otherwise.

Subscription and Account

By registering with HospiKash and using the App Services, you are representing the following:

• You are of sound mind and capable to perform financial transactions with independent and unbiased decision making.
• You are capable of entering into a legally binding agreement; and
• You are not barred or otherwise legally prohibited from accessing or using HospiKash & the App Services.

You will not allow anyone else to use your account and in case of any fraudulent usage, HospiKash shall not be responsible for any lapse/ loss whatsoever. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

You need to register with HospiKash to avail the Services offered by HospiKash. Accurate and complete registration is required to use our Services.

You may be required to submit, including but not limited to, the following details “Registration Data” to create and maintain an account with us:

• Full Name
• Phone Number
• E-mail
• Account number
• PAN Card/ or other official documents

This minimum information needed for registration may change from time to time prior to or even after registration. You are requested to read the requirements carefully, to continue to avail our uninterrupted Services.

At all times, you are responsible for maintaining the confidentiality of your passwords and for any use of your account.

You are mandatorily required to notify HospiKash immediately of any unauthorized use of your applicable account or password, or any other breach in security

HospiKash C/O, HospiKash Fintech Pvt. Ltd.’s Rights

When you use Services of HospiKash, you do so under a license granted from us. All right, title and interest in and to the Services and the underlying technology, together with all the intellectual property embodied therein are the sole property of HospiKash C/O, HospiKash Fintech Pvt. Ltd. We reserve all rights not expressly enumerated in these Terms of Use.

HospiKash respects the right of others, and we persuade our users to do the same. HospiKash may, in appropriate circumstances and at its discretion, disable and, or terminate the access of users who may be repeat infringers.

Third Party Applications

You must not create and/or use a third-party applications or other developed product that integrates, interferes or attempts to integrate or interfere with the Website and/or App and its allied platforms (including Services) provided by HospiKash.

You must not misuse the Website and/or App and its allied Platform by using “deep link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, circumvent, or monitor any portion of the Website and/or App and its allied Platform.

Rewards & Offers

To participate and win rewards and other offers as made available within the Website/App, you must agree to the offer/reward terms and conditions and satisfy the required criteria. You agree that your participation in the offer constitutes your understanding of, and agreement to the offer terms and conditions, Please read the terms and conditions applicable to You carefully, since these may vary from user to user based on certain criteria. HospiKash reserves the right, at its sole discretion, to disqualify any User who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations. HospiKash also reserves the right to discontinue, annul or change any current or past offer or reward or the HospiKash offer programme at any time, at its sole discretion.

Submissions

In connection with your use of our websites, your HospiKash account, the HospiKash Services, or in the course of your interactions with us, other customers, or third parties, you must not:

• Breach this User Agreement, or any other agreement between you and us.
• Violate any law, statute, ordinance, or regulation.
• Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
• Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information.
• Act in a manner that is defamatory, libelous, threatening or harassing.
• Provide false, inaccurate or misleading information.
• Send or receive what we reasonably believe to be potentially fraudulent money.
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the HospiKash services) operated by us or on our behalf or HospiKash.
• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information of HospiKash.
• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers.
• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the HospiKash services) operated by us or on our behalf, any of the HospiKash services or other users’ use of any of the HospiKash services.
• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
• Circumvent any of our policies or determinations about your HospiKash account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional HospiKash account(s) when you have amounts owed to us or when your HospiKash account has been restricted, suspended or otherwise limited; opening new or additional HospiKash accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s HospiKash account; or
• Harass and/or threaten our employees, agents, or other users.

Use of Information

We only use information you share with us set forth in our Privacy Policy, and only in accordance with the applicable law.

The license for some of our Services may contain additional terms. When such licenses contain additional terms, we will make sure such terms are available to you. HospiKash will neither be held liable or responsible for anything outside the Terms of Use of our Services nor for any commission or omissions of the Third-Party vendors.

HospiKash does not make any representations or warranties on or about the accuracy and durability of the third-party vendor services offered to you. HospiKash does not warrant, nor will be in any way responsible for information, software, data, privacy policies, related to or pertaining to the third-party vendor content and services. We understand that you have reviewed the policies of these third-party vendors and you are in agreement with the same.

Security

We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or HospiKash Account or any other breach of security.

Disclaimer

You acknowledge HospiKash as a fintech platform and is not a Lender, Creditor or Bank and does not loan money or make lending decisions. Transactions performed by you on HospiKash platform under the Social Finance product, with other users are based on your personal relationship with and knowledge of the person. Borrowers acknowledge by submitting their loan request that they are entering into a loan contract with the chosen Lender and thereby agreeing to repay loan based on terms as mutually agreed between them. Lenders are responsible for ensuring they know and trust the Borrower before approving any Loan Requests. HospiKash makes no guarantees of the Borrower’s ability to repay the loan.

As for our Care now, Pay later product, HospiKash operates in partnership with Non-Banking Financial Company (NBFC) partner/(s), to facilitate credit facility for its users, basis the underwriting policy of the partner NBFC(s).

You understand and acknowledge that HospiKash is neither a bank nor an NBFC. It is a technology company focused on building a fintech platform where users can voluntarily undertake financial transactions. HospiKash is working in association with leading payment gateways, and banks to simply facilitate these financial transactions via multiple payment modes including but not limited to UPI, IMPS etc. You agree to not hold HospiKash responsible and/or liable for any issue or claim arising out of any dispute whatsoever arising on account of third-party service providers of HospiKash like banks or payment gateways or any regulated

Communications

You consent to accept and receive communications from us, including e-mail, text messages, WhatsApp messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for HospiKash Services or update the contact information associated with your profile. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialling systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

If you do not want to receive communications from us that are not relevant to you, please click on the unsubscribe link that may be provided at the bottom of such e-mails sent to you by us or write to us. Please note that it may take about 10 days to process such requests. We use your mobile numbers to send you transaction alerts and SMS alerts based on your preferences. Please keep in mind that we will continue to notify you by email /SMS/via phone calls regarding your services with us, even after you have opted out.

In our endeavour to effectively deliver the Services, we take your explicit consent to access your emails (registered with us) for the specific purpose of reading emails relevant to the Services as may be applicable, including bank statements, to access your records in connection with your loan application. To the extent required for provision of the Services, any password-protected document will be accessed via automated means, by utilizing information provided by you to automatically generate passwords in order to safely access such documents. It is further clarified that the consent sought from you shall be used solely in connection with the loan application facilitated through us and such information shall not be shared with any third party, save and except an RBI (“Reserve Bank of India”) registered financial institution which may require the aforementioned information for processing the loan application as well as the compliance of applicable law.

Termination

If you violate the Terms of Use or the Privacy Policy, your permission to use the Services ends and ceases immediately. We may place limits, modify or terminate your right to access and use the Services at any time. This suspension or termination may delete information, files, and other content previously available to you.

Your access to the HospiKash Services may also be terminated due to any requests by authorized law enforcement or other government agencies.

Warranties & Limitations

You expressly understand the use of the HospiKash Website and/or Application and its allied Platforms is at your own risk and discretion. Our Services to you are provided ‘as is’ and without any warranty or condition, expressed or implied. Without limitation, we do not warrant fitness for any error-free and uninterrupted Services. HospiKash and its subsidiaries, affiliates, officers, employees, or licensors make no warranty that:

• The Services will meet your requirements.
• The Services will be uninterrupted, timely, secure, or error free.
• That any defects or errors will be corrected; and
• The results that may be obtained from the use of the Services will be accurate. No advice or information, whether oral or written, obtained by you from HospiKash or through or from the Services shall create any warranty not expressly stated herein the Terms of Use.

You assume full responsibility and any risk of loss resulting from your accessing, downloading, and/or use of the files, information, content or any other material obtained from the Services.

Legal Advice / Tax Liability

You are responsible for any tax liability arising out of use of the HospiKash Services and any payment You receive through use of the HospiKash Website/App, including but not limited to the transactions completed, cash backs or any other rewards, and/or any kind of refunds received.

You acknowledge HospiKash is not a collection agency, financial advisor and does not provide tax services or tax advice. You should consult your tax advisor for any tax liability arising out of performing transactions on HospiKash, or your attorney for any legal advice.

Payments maybe reversed

Payments made through HospiKash, may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this User Agreement or any other agreement with us.

You are responsible for providing us with accurate information relating to your bank account details for successful completion of the transactions. We will not be held liable for failure of any transaction, if the details provided to us are incorrect or not updated. Any reversals in case of an unsuccessful transaction, will be made in favour of the Lender in up to 3 working days from the date of failure as established by HospiKash, provided that where for certain exceptional and unavoidable reasons it takes longer to complete the transaction, we will intimate the user accordingly, and We will not be held liable for such delays.

Indemnification

You agree to indemnify and hold HospiKash and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including but not limited to reasonable attorney’s fees, made by any third party due to your use of the HospiKash Website and/or App and its allied Platforms, your connection to the Services, your violation of the Terms of Use read in conjunction with the Privacy Policy of any rights of another. Privacy

You hereby acknowledge, understand and consent to the terms contained in HospiKash’s Privacy Policy (https://hospikash.com/privacy-policy.php), which you have duly read and fully understood. You acknowledge, agree and give consent to HospiKash that HospiKash and its officers, employees, service providers and agents may use, store, process, disclose, transfer (whether within or outside India) and / or exchange your information (including personal data) in accordance our Privacy Policy.

You hereby authorise and permit HospiKash to disclose, from time to time, any information on or relating to me to any of its subsidiaries or affiliates or to any governmental authority, statutory authority, judicial authority or credit bureaus, associated partners, lenders, whether in India or any other jurisdiction, or Reserve Bank of India or third party or HospiKash’s consultants, advisors or service providers, without requirement for any further consent from you.

You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of HospiKash’s website or application either by Yourself or by anyone using Your password/ One time password, and login information (with or without Your permission). You will only use the website to search for and to apply for loans and will not use the website to make any fraudulent applications.

You acknowledge that our lending partners reserve the right to reject your application for any facility without assigning any reasons whatsoever without any intimation to you. You understand that We/ our lending partners may retrieve/ procure/download your KYC data/ details from the Central KYC registry for the purposes of verifying/establishing the data/details/identity and you hereby allow us/them to do so. By registering with HospiKash, you consent to the use of your information as outlined in our Privacy Policy as available on its website.

Modification to HospiKash’s Service

HospiKash reserves the right at all times to modify, discontinue, temporarily or permanently, the HospiKash Services. You agree that HospiKash shall not be liable to you or any third party for any modification, suspension or discontinuation of the HospiKash Service.

Arbitration and Governing Law

The laws of India, without regard to its conflict of laws rules, will govern these Terms. In case of any legal action courts located in Delhi, India will have jurisdiction over such matters. In any proceedings initiated by or against us, HospiKash will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and attorney fees.

Severability

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Liability

To the maximum extent permitted by applicable law, HospiKash and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any indirect, incidental, special, consequential punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website and/or App and its allied Platforms; (ii) any act and, or conduct and, or content and, or omission of any third-party on the services including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties; (iii) any content from the Website and/or App and its allied Platforms; or (iv) unauthorised access, use or alteration of your transmissions or content.

Force Majeure

Notwithstanding anything else contained in these Terms of Use, we shall not be held liable in any manner hereunder as a result of an event of Force Majeure.

For the purpose of this clause, “Force Majeure” means and includes wars, insurrections, revolutions, fires, floods, epidemic, pandemic, quarantine restrictions, freight embargoes, declared general strikes in relevant sectors, natural disasters or such other acts or events which are beyond our reasonable control.

Survival

All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms of Use and Assignment

We may from time to time change and implement the Terms of Use.

We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in a connection with such an assignment or transfer.

We recommend that you periodically check this page for any revised terms. We may provide additional or modified services on revised terms and conditions available on the Website/App. You can elect to opt out of such services by discontinuing/uninstalling the Website/App. However, your continued use of any services beyond a period of 10 days from the date of publication will be deemed to constitute your acceptance of all such revised terms. We do not accept any liability based on your ignorance or negligence to keep Yourself updated regarding the revised terms and conditions.

Your compliance with these Terms of Use grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the HospiKash Website and/or App and its allied Platforms (including Services).