Terms and Conditions | Kosh
These terms and conditions of use (hereinafter the "Terms") establish a legally binding agreement between Aditsh Fintech Private Limited, having its principal place of business at 674, Sec 11, Panchkula, Panchkula, Haryana 134109, (hereinafter referred to as "AFPL", which expression shall include where appropriate its affiliates, successors and assigns) and you and shall apply to the access and use of the website https://www.getkosh.com/, the Kosh mobile application (hereinafter collectively referred to as the "App"), and the Services (as defined below) rendered by AFPL. Persons accessing or using our App or availing the loan and facilities on our App (collectively the "Services") are hereinafter referred to as "Users" or "you".
AFPL may, at its sole discretion and without any prior notice to the Users, amend, change or otherwise modify any portion of these Terms from time to time and it is the User's responsibility to review these Terms periodically for any updates/changes. Unless otherwise set out herein, amendments will be effective upon AFPL 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 App/Services after such posting constitutes your consent to be bound by the Terms, as amended.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, 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). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
If you are an individual, you must:
If you are a non-individual, you must:
- Be a resident of India;
- Be at least 18 (eighteen) years old to agree to these Terms;
- Represent and warrant that you are capable of entering in to these Terms and performing the obligations set out hereunder.
Any use of the App by bots' or other automated tools or methods is not permitted under this Terms.
- Be duly authorized (by such non-individual entity) to agree to these Terms;
- Represent and warrant that you are capable of entering in to these Terms and performing the obligations set out hereunder.
All required information is service dependent and the Company may use the above said user Information to, maintain, protect, and improve the Kosh App Services and for developing new services. We may also use your phone number, email address or other personally identifiable information to send commercial or marketing messages without your consent [with an option to subscribe / unsubscribe (where feasible)]. We may, however, use your email address and phone number without further consent for non-marketing or administrative purposes (such as notifying you of major changes, for customer service purposes, providing information about updates to Kosh app services etc.).
- In order to use the App and avail the Services, you must register for and maintain a service account ("Account"). Account registration requires you to submit certain information such as your name, address, mobile phone number, age and any other unique identifier that may be issued to you by AFPL.
- You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the App and/or the Services or result in AFPL termination of this agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by AFPL in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to AFPL shall be to your account and you will be liable for any and all liabilities incurred as a result of such misuse.
- You agree and authorize AFPL to share your information with its group companies 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 to receive communications through emails, telephone and/or sms, from AFPL or its third party vendors/business partners regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided (even if this mobile number is registered under DND/NCPR list under TRAI regulations), and for that purpose, you further authorize AFPL to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.
- You consent to allow AFPL, its officers, representatives, consultants, affiliates and employees to access all documents uploaded, to analyse the information provided, to verify the same and to use such Information to fulfil the Services. The information we will access when you access the App will include but will not be limited to credit information reports, personal information, identity documents, employment information bank statements and mobile data, we will also have the right to get access to your contacts, to use such contacts as information provided to AFPL and to access and reach out to them in case a need arises. By applying for our Services, it will be deemed that you have consented to us accessing this information and have no objection to us contacting or following up with them on your whereabouts or to obtain other information in case you are not contactable or have changed your address after availing our Services.
- AFPL will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing the Services and ancillary services.
Customer Due Diligence Requirements
You agree and acknowledge that for undertaking any financial transaction through the App, AFPL may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of loan/short term credit facility ("Advance") requirements with third party vendors/ business partners/ lender partners/ banks/ financial institutions (hereinafter referred to as "AFPL Partner") in accordance with the applicable Prevention of Money Laundering Act, 2002 and Rules (as amended from time to time). AFPL may obtain sufficient information to establish, to its satisfaction or the AFPL Partner's the identity of each new customer, and the purpose of the intended nature of relationship between you and the AFPL Partner. You agree and acknowledge that AFPL can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable Prevention of Money Laundering Act, 2002 and Rules.
You agree that AFPL/AFPL Partner are authorized to pull your credit report from various credit bureaus including CRIF High Mark Credit Information Services, TransUnion CIBIL and similar agencies.
- Consent for HR validation : By agreeing to the terms and conditions of AFPL You hereby give your consent to AFPL to validate current and past employment details from your employer and future employers.
The Service constitutes of your access to App, the assessment by AFPL of your credit worthiness, and subject to AFPL determining (in its sole and absolute discretion) that it is appropriate, your ability to submit an application ("Credit Facility Application") for loan/short term credit facility ("Advance") to a AFPL Partner and use of such other functionalities of App as permitted by AFPL.When submitting a Credit Facility Application for an Advance on the App, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, AFPL has the right to terminate your Credit Facility Application and to decline to provide any and all future use of the App. We reserve the right to decline your Credit Facility Application for an Advance. For the avoidance of doubt, AFPL 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.
You acknowledge that AFPL allows you to submit a Credit Facility Application on the basis of a determination made by methodologies and algorithms in the App. The App undertake a dynamic evaluation of risk in relation to each Credit Facility Application submitted by you based on various factors including the amount of the Advance, the credit eligibility parameters and other requirements set out by the AFPL Partner. The App may undertake a separate determination in relation to each Credit Facility Application made by you. Given the dynamic nature of the determination made by the App, you acknowledge that there is no assurance or guarantee that AFPL shall allow you to submit a Credit Facility Application for each and every Advance that you seek to avail.
- You agree and accept that AFPL or a AFPL Partner may in its sole discretion, by itself or through authorised persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment details and obtain credit reports to determine your creditworthiness from time to time.
- The Service does not guarantee that the Advance sought by you will be disbursed to you by the AFPL Partner. AFPL will make a preliminary determination of your creditworthiness in relation to every Advance sought by you and submit its determination in this regard to the AFPL Partner. The final decision on whether or not to grant you the Advance will rest with AFPL Partner and will be made using AFPL Partner's credit decisioning processes and methodologies. AFPL Partner is free to reject any recommendation made by AFPL to it about processing of a Credit Facility Application or grant of Advance to you.
- AFPL Partner will require you to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to you. When AFPL Partner decides to grant an Advance to you, it shall require that you execute a loan/credit facility agreement ("Loan Documentation") with it to record the terms of the arrangement.
- Repayment:You must repay the Advance along with all interest, charges and fees payable to AFPL Partner in such manner as prescribed by AFPL Partner as and when it becomes due.
- Separate Transactions:You acknowledge that an Advance disbursed under the Loan Documentation is a distinct transaction between you and AFPL Partner, independent of AFPL's Services. Any dispute between AFPL Partner and you with respect to any Advance disbursed to you, must be directly settled between AFPL Partner and you and that you will not include or seek to include AFPL in such dispute, failing which AFPL shall be at liberty to take any and all actions that may be available to it to protect its interests and you will be liable to indemnify AFPL for all cost, losses and damages incurred in this regard.
You agree to allow AFPL to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law. You further permit AFPL to use -
any User Generated Content (as defined in Clause 8 below); and/or
- other information which you have granted AFPL access to, for the purposes of enabling AFPL to send payment reminders to yourself or to other persons who can be contacted by AFPL through you whether or not such other persons are users of the App to the extent permitted under applicable law.
You expressly permit AFPL to use any or all of the information provided or generated by you for AFPL’s collections agency services in respect of –
any credit facility you may have availed from any credit issuing entity, irrespective of whether or not AFPL facilitated the obtaining of such credit facility as provided for elsewhere in this agreement; or
any credit facility availed of by a third party from any credit issuing agency where AFPL’s analysis determines that the information you have provided AFPL will enable it to contact such person by either-
- deriving contact information for such third party from the information provided by or generated by you and then contacting them directly; or
- by contacting you and requesting if you will be willing to share contact information for such third party or by requesting you to inform such third party that AFPL is attempting to contact her/him.
Network Access And Devices
You are responsible for obtaining the data network access necessary to use the App/Services. Your mobile network's data usage rates and fees will apply if you access or use the App/Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App/Services and any updates thereto. AFPL does not guarantee that the App/Services, or any portion thereof, will function on any particular hardware or devices. In addition, the App/Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Subject to your compliance with these Terms, AFPL grants you a limited, non-exclusive, revocable, non-transferrable license in India to: (i) access and use the App through your personal computer system or other mobile communication device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by AFPL and AFPL’ licensors.
User Generated Content
By sharing or submitting any content including any data and information on the App, you agree that you shall be solely responsible for all content you post on the App and AFPL shall not be responsible for any content you make available on or through the App. At AFPL`s sole discretion, such content may be included in the Services and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available on the App, you grant AFPL a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit.
You are prohibited from posting or transmitting to or from this App: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the App.
You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering in to this agreement, you have chosen to use the security measures provided by AFPL even though other security measures are available. While AFPL uses industry standard information security measures to protect the Services from viruses and malicious attacks, AFPL does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and AFPL disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite AFPL using the information security measures. AFPL warrants that, during the term of this agreement, AFPL will employ commercially reasonable system security measures. Except as expressly set forth in this Clause, AFPL makes no representation, warranty, covenant or agreement that its security measures will be effective and neither AFPL nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or AFPL’s computer servers, unless caused by the willful misconduct or gross negligence of its employees.
The Services are provided to you on an "as-is" and "as available basis". AFPL is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services. AFPL does not represent that the Services will meet your requirements or that operation of the Services will be uninterrupted or error free.
You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage.
AFPL AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF AFPL OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE (LIMITED WARRANTY). IN PARTICULAR, AFPL AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE.
Term And Termination
These Terms and the right to use granted hereunder shall take effect on the date you create an account with AFPL, and shall continue in effect until either you or AFPL terminates this agreement in accordance with this Clause.
AFPL may terminate the agreement:
- after AFPL gives you notice of your breach of any provision of the agreement (other than your breach of its obligations under Clause 11 (Confidential Information) which breach shall result in immediate termination) and which you do not cure within the specified day notice period; or
Immediately for not repaying the Advance or any other charges payable by you pursuant to these Terms; or
If you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.
All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.
In course of your dealings with AFPL, either party (Disclosing Party) may share and provide the other (Receiving Party) with access to its confidential and proprietary information ("Confidential Information"). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The Receiving Party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agrees to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the Disclosing Party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.
You shall defend, indemnify and hold harmless AFPL, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against AFPL by third parties alleging that
Your indemnification obligation under this Clause will survive termination of this Agreement and your use of the Services.
your use of and access of the Services;
your violation of these Terms;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that the User Generated Content you submitted caused damage.
Limitation Of Liability
IN NO EVENT SHALL AFPL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, OR REVENUES, LOSS OF OPERATION TIME, INCREASED COSTS OR WASTED EXPENDITURE, LOSS OF GOODWILL OR REPUTATION, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS AGREEMENT.
THE MAXIMUM AGGREGATE AMOUNT THAT YOU OR ANY PARTY CLAIMING THROUGH YOU CAN RECOVER FROM AFPL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PROFESSIONAL ADVISORS FOR ALL CLAIMS ARISING FROM, UNDER OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) WILL IN NO EVENT EXCEED SERVICE FEE CHARGED BY AFPL
You may not assign this agreement without the prior written consent of AFPL.
The Parties hereby agree that this agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this agreement shall be subject to the exclusive jurisdiction of the competent courts in GURGAON, India
AFPL shall not be liable to the other for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
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 authorised signatory of the waiving party.
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.
All notices and other communications made or required to be given under this agreement shall be in writing and shall be deemed given upon receipt when sent through email, registered post acknowledgement due, or through personal service to the address specified below:
If to AFPL:
Address: Aditsh Fintech Private Limited, Kind Attn: B-25, Ground Floor, Sector-1, Noida, Uttar Pradesh, 701301.
These Terms along with any supplementary terms or addendum as may be prescribed by AFPL/AFPL Partner 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 AFPL.
In the event you have any grievance relating to the processing of information provided by you, you may contact our Grievance Department, at email@example.com or write to us at the following address:
Aditsh Fintech Private Ltd
B-25 Ground Floor
Sector 1 Noida
Uttar Pradesh, India.