At Fair Securities Private Limited, we are committed to providing transparent, convenient and responsible financial services to our customers.
1.1 This Agreement ("Agreement") constitutes a legally binding contract between you ("User", "Customer", "you" or "your") and Fair Securities Private Limited ("Company", "Fair Securities", "we", "us or "our") governing your access to and use of the financial and related services provided by Fair Securities, including loan application, processing, servicing and related digital services (collectively, the "Services").
1.2 By registering for, accessing, or using the Services in any manner whatsoever, you acknowledge that you have read, understood and agreed to be bound by all terms and conditions set forth in this Agreement, along with all policies, notices and guidelines incorporated herein by reference.
The Company’s Board of Directors and the management are responsible for establishing practices designed to ensure that its operations reflect a strong commitment to the FPC and that all employees are aware of the FPC.
Your continued use of the Services shall be deemed to constitute your acceptance of this Agreement.
1.3 You are advised to download, save or print a copy of this Agreement, including all incorporated policies, for your records and future reference.
1.4 This Agreement is an electronic record generated under the provisions of the Information Technology Act, 2000 and other applicable laws and rules made thereunder, as amended from time to time. It is created by a computer system and does not require any physical or digital signature, except where otherwise required under applicable law.
1.5 The Company's website, digital lending application, mobile application, associated domains, sub-domains and technology platforms through which the Services are made available shall collectively be referred to as the "Website", "App", "Mobile App" or "Platform".
1.6 Please read this Agreement carefully in its entirety. If you do not agree with any of its terms, you must not register for, access or use the Services.
2.1 Access to and use of the Platform and Services is permitted only to individuals who are competent to enter into legally binding contracts under the provisions of the Indian Contract Act, 1872 and other applicable laws.
2.2 Persons who are not competent to contract under applicable law, including minors, shall not register as a User or access, use or transact through the Platform.
2.3 By using the Platform and applying for a loan, you represent and warrant that:
2.3.1 You are at least 18 years of age;
2.3.2 You are legally competent to enter into a binding contract;
2.3.3 You have the authority to enter into the loan transaction and related arrangements;
2.3.4 The information and documents provided by you are true, accurate, complete and up to date; and
2.3.5 You meet the eligibility criteria prescribed by Fair Securities from time to time.
2.4 Fair Securities reserves the right to reject, suspend or terminate your registration or access to the Platform if it is determined that you do not satisfy the eligibility criteria or have provided inaccurate, misleading or incomplete information.
3.1 Any personal information submitted in connection with your use of the Platform or Services shall be subject to Fair Securities' Privacy Policy.
3.2 You acknowledge that you have read and understood the Privacy Policy and agree to the collection, processing, storage and sharing of your personal data in accordance with the Privacy Policy and applicable law.
3.3 The Privacy Policy forms an integral part of these Terms and Conditions.
4.1 To access and use certain Services or features of the Platform, you may be required to register and create an account ("Account") and provide information required by Fair Securities.
4.2 You agree to provide true, accurate, current and complete information at the time of registration and to maintain and promptly update such information whenever there is a change.
4.3 You are solely responsible for maintaining the confidentiality and security of your Account credentials, including username, password, OTP or any other authentication credentials.
4.4 You shall be responsible for all activities undertaken through your Account, whether authorised by you or not, where such activity results from your failure to maintain the security of your credentials.
4.5 You shall immediately notify Fair Securities if you become aware of or suspect any unauthorised use of your Account, credentials or any other security breach.
4.6 You shall ensure that you properly log out of your Account at the end of each session where applicable.
4.7 Fair Securities shall not be responsible for loss or damage resulting from your failure to safeguard your Account credentials or from your sharing of such credentials with any other person.
4.8 Your Account is personal to you. You shall not assign, transfer, sell, lend or otherwise permit another person to use your Account.
4.9 You shall not access or use another person's Account without express authorisation.
4.10 If any information provided by you is found to be untrue, inaccurate, outdated, incomplete or misleading, Fair Securities reserves the right to suspend, restrict or terminate your Account and/or access to the Platform or Services.
5.1 When you access or use the Platform, submit an application, send emails, provide data or otherwise communicate with us, you acknowledge that such communication may be made through electronic records.
5.2 You consent to receiving communications from Fair Securities in electronic form in connection with your Account, loan application, loan account, Services, transactions, contractual arrangements, regulatory requirements and customer support.
5.3 We may communicate with you through email, SMS, telephone calls, WhatsApp, in-App notifications, electronic alerts or any other legally permissible mode of communication.
5.4 You agree that agreements, notices, disclosures, statements, repayment reminders, loan-related communications and other communications provided to you electronically shall satisfy any applicable legal requirement that such communications be in writing.
5.5 You shall ensure that your contact details registered with Fair Securities remain accurate and up to date.
6.1 The Platform enables eligible customers to submit loan applications and access financial services provided by Fair Securities.
6.2 Submission of a loan application does not constitute approval or sanction of a loan.
6.3 Fair Securities may collect, verify, authenticate and process information and documents provided by you for the purposes of evaluating your loan application, conducting KYC and due diligence, assessing creditworthiness, preventing fraud and complying with applicable laws and regulatory requirements.
6.4 You shall provide complete and accurate information and documents as may be required by Fair Securities.
6.5 You authorise Fair Securities and its authorised service providers, where applicable, to verify the information and documents submitted by you through lawful means.
6.6 You may be required to provide KYC information and documents in accordance with applicable KYC requirements.
6.7 Fair Securities may obtain credit information from Credit Information Companies and other authorised sources in accordance with applicable law and regulatory requirements.
6.8 Loan sanction and disbursement shall be subject to Fair Securities' eligibility criteria, credit assessment, verification, applicable policies, availability of required documentation and other applicable conditions.
6.9 The applicable loan amount, interest rate, fees, charges, tenure, repayment schedule and other material terms shall be communicated to you through the applicable loan documentation, Key Fact Statement, sanction letter, loan agreement or other applicable documents.
6.10 You shall repay the loan and all applicable amounts in accordance with the repayment schedule and terms communicated to you.
6.11 You acknowledge that the submission of an application does not guarantee approval or disbursement of a loan.
6.12 You shall be solely responsible for ensuring the compatibility, functionality and connectivity of your electronic device and internet connection required to access the Platform.
6.13 Fair Securities may provide information and data through the Platform for your convenience. You authorise Fair Securities to use such information for lawful purposes connected with providing and servicing the Services.
6.14 Fair Securities may use authorised service providers and Lending Service Providers, where applicable, for activities such as technology services, KYC verification, customer support, payment processing, loan servicing, collection support and other permitted activities.
6.15 Any such third-party involvement shall remain subject to applicable laws, regulatory requirements, contractual arrangements and Fair Securities' oversight.
7.1 Indemnity
You agree to indemnify, defend and hold harmless Fair Securities, its directors, officers, employees, authorised representatives and service providers from and against claims, demands, actions, liabilities, penalties, losses, damages and reasonable costs arising out of:
7.2 Disclaimer of Warranty
The Website, Platform and Services are provided on an "as is" and "as available" basis, subject to applicable law.
To the extent permitted by applicable law, Fair Securities disclaims warranties that are not expressly provided under the applicable loan agreement or other contractual documents.
7.3 No Warranties
Fair Securities does not represent or warrant that:
8.1 The Platform, including its design, layout, text, images, graphics, logos, icons, software, content and other materials, is owned by or licensed to Fair Securities and is protected under applicable intellectual property laws.
8.2 All materials made available through the Platform are provided for your personal and lawful use.
8.3 You shall not copy, reproduce, modify, republish, upload, post, transmit, distribute, reverse engineer or otherwise exploit any content or material available through the Platform without prior written permission from Fair Securities.
8.4 Any unauthorised commercial use, reproduction, modification, distribution or exploitation of Platform content may constitute an infringement of Fair Securities' intellectual property rights.
9.1 Fair Securities respects the intellectual property rights of third parties.
9.2 If you believe that your copyright, trademark or other intellectual property rights have been infringed through the Platform, you may submit a written complaint to Fair Securities using the contact details provided on the Platform.
9.3 Your complaint should contain sufficient information and supporting documents to enable Fair Securities to assess the alleged infringement.
10.1 Fair Securities endeavours to ensure that descriptions of its products, services, features and other information made available on the Platform are accurate and updated.
10.2 However, information displayed on the Platform may be subject to change and may not always reflect the final terms applicable to a particular loan or financial product.
10.3 In case of any difference between information displayed on the Platform and the terms contained in the applicable sanction letter, Key Fact Statement, loan agreement or other contractual document, the applicable contractual document shall prevail to the extent permitted by law.
11.1 To the fullest extent permitted by applicable law, Fair Securities shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of or inability to use the Platform or Services.
11.2 Fair Securities, including its directors, officers, employees, agents, affiliates and authorised service providers, shall not be liable for:
11.2.1 Any loss or damage resulting from your inability to access or use the Platform due to technical issues beyond Fair Securities' reasonable control;
11.2.2 Any loss resulting from unauthorised access caused by your failure to maintain the confidentiality of your Account credentials;
11.2.3 Any loss caused by inaccurate, incomplete or misleading information provided by you;
11.2.4 Any interruption caused by telecommunications networks, internet service providers, banking systems, payment systems or other third-party infrastructure; or
11.2.5 Any event beyond Fair Securities' reasonable control.
11.3 Nothing in these Terms and Conditions shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.
12.1 The Platform may contain links to third-party websites, applications or resources.
12.2 Fair Securities does not control, endorse or assume responsibility for the content, products, services, availability or privacy practices of such third-party websites.
12.3 Your use of third-party websites or resources shall be governed by the terms and policies applicable to such third parties.
12.4 Fair Securities shall not be responsible for any loss or damage arising from your use of or reliance on third-party websites or resources.
13.1 You acknowledge and agree that you are responsible for understanding the terms, conditions and obligations applicable to the financial services you avail.
13.2 Information available on the Platform may be updated or modified from time to time.
13.3 Fair Securities may make improvements, modifications or changes to the Platform or Services where required for operational, technological, regulatory or business purposes.
13.4 Fair Securities shall not be responsible for unauthorised access, misuse or disclosure of User information resulting from the User's negligence, including sharing Account credentials or granting access to third parties.
13.5 Fair Securities reserves the right to amend, modify or supplement these Terms and Conditions from time to time.
13.6 Any amendments shall be published on the Platform or communicated through such other means as may be appropriate under applicable law.
13.7 Your continued use of the Platform after the updated Terms and Conditions become effective shall constitute acceptance of the revised Terms, subject to applicable law.
14.1 The Platform may contain links to other websites, applications or resources operated by third parties.
14.2 Such links are provided for convenience only and do not constitute an endorsement by Fair Securities.
14.3 Fair Securities shall not be responsible for the availability, content, security or privacy practices of such third-party websites.
14.4 You should review the terms and privacy policies of such third-party websites before using them or providing any personal information.
15.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India.
15.2 Any dispute arising out of or relating to these Terms and Conditions shall be subject to the applicable dispute resolution mechanism provided under the relevant loan agreement and applicable law.
15.3 Subject to the foregoing, the courts having appropriate jurisdiction at Delhi, India shall have jurisdiction over matters arising in connection with these Terms and Conditions.
16.1 Unless expressly stated otherwise, the Services made available through the Platform are intended for use within India.
16.2 Fair Securities makes no representation that the Platform or Services are appropriate or available for use outside India.
16.3 Users accessing the Platform from outside India do so at their own initiative and shall be responsible for compliance with applicable local laws.
You agree that your use of the Platform shall comply with all applicable laws and the following principles.
17.1 Prohibited Content
You shall not upload, host, publish, transmit or share any content that:
17.2 Prohibited Activities
You shall not:
17.3 Compliance and Cooperation
17.4 User Content
17.5 Monitoring and Removal
17.6 Third-Party Interactions
17.7 Lending and Loan Disbursement
17.8 User Safety