1. General

1.1. The Platform is owned and operated by JSW One Finance Limited (“JOFL”), whose registered office is at 6th Floor, JSW Centre Bandra Kurla Complex Bandra (East), Mumbai - 400051.

1.2. Your use of the Platform is governed by the following Terms of Use as applicable and the Agreements (defined below) provided separately on the Platform and which are or may hereafter be incorporated herein by way of reference (“Terms of Use”). If You transact on the Platform, You shall be subject to the Agreements that are applicable to the Platform for such Transaction. By mere use of the Platform, You shall be contracting with JOFL, and these Terms of Use including the Agreements constitute Your binding obligations, with JOFL.

1.3. For the purpose of these Terms of Use, wherever the context so requires:

(a) “Affiliate” shall mean, with respect to each party, any person or entity directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person/entity or otherwise controlling the other;

(b) “Platform” shall mean this internet based electronic website platform (https://www.jswonefinance.in) and/or an application, website and/or web page (including but not limited to any web app, marketing landing page(s) and/or iOS/Android app or any other app that the User may be using to access/communicate with JOFL), owned and/or operated, directly or indirectly, by JOFL;

(c) “GST” means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes;

(d) “KYC Documents” means such ‘know your customer’ documents as may be required to be submitted to JOFL from time to time;

(e) “Profile” means the individually identifiable profile of User created at the time of registering on the Platform;

(f) “Transaction” means any action or series of actions initiated by a User in relation to the Platform, including but not limited to placing an application for availing Products and Services (defined hereinafter) or engaging in any other activity that results in or is related to the exchange of value, whether monetary or otherwise, through the Platform;

(g) “User Content” means content including data or information of You, including Your comments, reviews in relation to Products and Services or the Platform, suggestions, questions or other information and includes any material that is generated, as a whole or in part, on the Platform, including, communication between Users, analytics and reports, trends, patterns, notes, messages, emails, posts and other communication that Users provide or receive, through Platform;

(h) “We”, “Us”, “Our”, or “JOFL” means JOFL or any of its subsidiaries or Affiliates; and

(i) “User” or “You” or “Your” means a legal person who is given access to use the Platform for the purpose of availing Products and Services on the Platform;

(j) “Products and Services” means the range of financial products and services offered through our Platform, including but not limited to loan products and any ancillary services related to managing, applying for, or servicing those loans.

1.4. By accessing or using this Platform, You agree to be bound by these Terms of Use and other applicable policies, including the Privacy Policy (“Agreements”). These Terms of Use together with the Privacy Policy, and the other Agreements, together with all other notices, disclaimers, guidelines appearing on the Platform from time to time, constitute the entire agreement upon which You are allowed to access and use the Platform.

1.5. On the condition that You comply with these Terms of Use and the Agreements, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform. JOFL further grants You a limited access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it. User shall not make any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools.

1.6. This Platform or any portion of this Platform, including but not limited to any copyrighted material, trademarks, or other proprietary information shall not be reproduced, duplicated, uploaded, copied, sold, resold, visited, distributed, transmitted or otherwise exploited for any commercial purpose.

1.7. You release and indemnify JOFL and / or any of its directors, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, JOFL cannot take responsibility or control the information provided by third parties on the Platform. You may find such information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the Platform. Please note that there could be risks in dealing with people acting under false pretence.

2. Access to the Platform

2.1. You may access and use the Platform only if You are 18 (eighteen) years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. JOFL reserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to JOFL’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract.

2.2. You hereby represent not to currently be a Politically Exposed Person (“PEP”) as defined by the Reserve Bank of India in Master Direction-Know Your Customer (KYC) Direction, 2016. However, you also agree and undertake to immediately notify JOFL in circumstances where your status in this regard changes as PEP by promptly notifying JOFL in writing to ensure that appropriate steps are taken in accordance with applicable laws. You further understand that as a PEP, you will be subject to additional due diligence requirements as determined by the Reserve Bank of India as well as transaction monitoring and reporting requirements to ensure uninterrupted use of the Platform and other Products/ Services provided by JOFL.

2.3. When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. JOFL may communicate with You by email or by such other mode of communication, electronic or otherwise.

2.4. JOFL will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgrades or services at any time without prior notice. Notwithstanding anything to the contrary, JOFL reserves the right to refuse access to the Platform to new users or to terminate access granted to existing Users at any time.

3. Your Profile and Your Information

3.1. Users are required to register on the Platform by submitting the requisite documents and information (including KYC Documents, GST details, etc.) and subsequently creating a Profile. Upon successful registration, Users will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Platform using Your username or password and for all the information / content posted under Your Profile. Representatives of JOFL may assist the Users with creating their account and registering them on the Platform.

3.2. By creating a Profile, You confirm that the information in Your Profile is accurate, genuine and will be regularly updated and You shall immediately notify Us of any unauthorized use of Your Profile or any other breach of these Terms of Use or security known to You.

3.3. By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify JOFL of any unauthorized use of Your Profile or any other breach of security; and (b) ensure that You exit from Your Profile at the end of each session. JOFL cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

3.4. JOFL does not pre-screen Your Profile information or User Content. However, JOFL at its discretion and in accordance with applicable law may monitor any content or information posted by You and may remove any User Content from the Platform if JOFL determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where JOFL removes User Content from the Platform, JOFL will make reasonable efforts to inform the User who had posted such User Content. Such actions do not in any manner, negate or dilute JOFL’s position as an intermediary or impose any liability on JOFL with respect to User Content.

3.5. Further, You authorize Us to:

(a) collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the computer / device from where the Platform was accessed;

(b) either directly, or through third parties, verify and confirm information in Your Profile;

(c) contact You using the information in Your Profile and provide promotional materials that may be of interest to You;

(d) use any and all of the information provided by You to create Your Profile; and

(e) modify, limit or delete Your Profile as may be required.

4. Use of the Platform

4.1. You agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Platform any information, that:

(a) belongs to another person and over which you have no right;

(b) contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

(c) defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;

(d) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(e) is false, inaccurate or misleading in any way; infringes any patent, trademark, copyright or other proprietary rights;

(f) violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) abets or assists with impersonating another person; contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

(h) conducts or forwards surveys, contests, pyramid schemes or chain letters;

(i) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(j) interferes with another’s use and enjoyment of the Platform;

(k) creates profiles or provides content that promotes escort services or prostitution;

(l) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or disrupts public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

(m) uses any other internet service to send or post spam to drive visitors to any other site hosted on or through Our systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party; or

(n) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other Users.

(o) contains any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, the Indian Penal Code, 1860, Terms of Use or Privacy Policy, as amended / re-enacted from time to time; or

(p) violates any law for the time being in force.

4.2. You further agree to make use of the Platform in a bona fide manner. In particular, You agree not to:

(a) print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or information posted by any User other than You;

(b) use or attempt to use another person’s Profile;

(c) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Platform Services by hacking, password “mining” or any other illegitimate means;

(d) probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security or authentication measures on the Platform or any network connected to the Platform;

(e) use any automated systems to extract data from the Platform;

(f) make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any User on the Platform;

(g) make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation of JOFL or its affiliates, on the Platform or otherwise tarnish or dilute JOFL’s or JOFL’s trade or service marks, trade name and / or goodwill associated with such trade or service marks, trade name as may be owned or used by Us;

(h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Our systems or networks, or any systems or networks connected to Us;

(i) circumvent or manipulate our Platform, Platform Services, registration process, billing system, or attempt to do so;

(j) engage in commercial activities and / or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform.

(k) engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User’s requirements; or

(l) engage in any form of fraudulent traffic generating methods including use of robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic.

4.3. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, Statutes, Ordinances and Regulations (including, but not limited to GST, income tax, octroi, central excise, customs duty, local levies) regarding Your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by applicable law.

4.4. Unless otherwise specified, the Products and Services on the Platform are presented solely for the purpose of sale in India. JOFL makes no representation that the Products and Services on the Platform are appropriate or available for use in other locations other than India. Those who choose to access the Platform from other locations / countries other than India, do so on their own initiative and JOFL is not responsible for such actions.

4.5. The content on this Platform should not be regarded as solicitation, invitation, advice, or recommendation to buy or sell investments, securities, or any other instrument or financial products/schemes of JOFL or its affiliates. Reliance on any advice or statements is at the User's risk.

4.6. Not all Products and Services offered on the Platform are available in all geographic areas, and You may not be eligible for all Products and Services offered by JOFL on the Platform. JOFL reserves the right to determine the availability and eligibility for any Products and Service.

5. Payment

5.1. The Platform may facilitate payments through one or more of: (a) net banking; (b) NEFT; (c) RTGS; (d) cheque; and (e) UPI or any other facilities as made available by JOFL from time to time. Use of the payment facility shall not render JOFL liable or responsible for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Products and Services listed on the Platform. A processing fee and/or any other applicable charges may be required to be paid by the User as specified in the options available on the Platform.

5.2. All payments on the Platform shall compulsorily be in Indian Rupees.

5.3. Bank Instruments and Transfers:

All online bank transfers (National Electronic Funds Transfer (NEFT) and real-time gross settlement (RTGS)) from valid bank accounts and cheque payments are processed using the payment gateway provided by the respective issuing bank which supports payment facility to provide these Services to the Users. All such online bank transfers and cheque payments on payment facility are also governed by the terms and conditions agreed to between the Users and the respective issuing bank.

5.4. Should you wish to avail any Products and Services from JOFL, You at Your sole discretion, provided you meet the eligibility criteria set forth, you agree to the following conditions:

(a) You consent to provide Your credit report (and the credit report of Your promoter, partner, proprietor, as applicable) from any and/or all of the recognised credit bureaus, as required by JOFL;

(b) You authorise JOFL to collect, use, share, process and store Your information;

5.5. You understand, accept, and agree that the payment facility provided by JOFL is neither a banking nor financial service, and that JOFL is merely a Service Provider providing an electronic, automated online electronic payment facility for receiving payment through cash, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and payment gateway network. Further, by providing payment facility, JOFL neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

5.6. You shall comply with all applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, 1962, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Platform.

6. Intellectual Property

6.1. The intellectual property in the Platform, and in the material, content and information made available on the Platform including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of this Platform and the underlying software code belongs to Us or Our licensors. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any of the material referred to above. The information provided on the Platform and the Products and Services are for Your personal use only.

6.2. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JOFL without our prior written consent. You may not use any meta tags or any other “hidden text” utilising JOFL’s or its affiliates’ names or trademarks without the prior written consent of JOFL and / or its Affiliates, as applicable. Any unauthorised use terminates the permission or license granted by JOFL and / or its Affiliates, as applicable.

6.3. All material on the Platform including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute any material in any way, including by email or other electronic means and whether, directly or indirectly, You must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which You receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

7. User Content

8. Contents posted on the Platform

9. Privacy notice

10. Breach of these Terms of Use

11. Third Party Sites

12. Disclaimer and Limitation of Liability

12.1. The Platform is provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warrant that:

(a) the Platform will be constantly available, or available at all. We shall have no liability to You for any interruption or delay in access to the Platform availed through it, irrespective of the cause;

(b) the information on the Platform is complete, true, reliable, current, accurate or non-misleading;

(c) that the Platform is secure or free of viruses, trojans or other malware; or

(d) the contents of the Platform do not infringe any intellectual property rights.

12.2. We shall not be liable for any direct, special, punitive, incidental, indirect or consequential damages including but not limited to any loss of profits, revenue, contracts, anticipated savings, goodwill, expenditure, business or data of any kind in connection with these Terms of Use, or any Transactions that occur on the Platform.

12.3. JOFL neither recommends You to buy any Products and Services on the Platform nor does JOFL endorse, control or accept any responsibility for any such Products and Services and nor does JOFL (unless expressly stated otherwise) provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, merchantability, fitness of the Products and Services, offer to sell or purchase of Products and Services on the Platform or non-infringement of third party intellectual property rights.

12.4. JOFL does not accept any liability for any errors or omissions, whether on behalf of itself or third parties.

13. Indemnity

14. Force Majeure

15. Amendments to the Terms of Use

16. Severability and Waiver

17. Relationship between Us and Users

18. Applicable Law, Jurisdiction and Dispute Resolution

18.1. If the parties are unable to resolve any such dispute or difference within a period of thirty (30) days, then any such dispute or difference arising out of, under, or in connection with this Agreement, including any question regarding its formation, existence, validity, enforceability, performance, interpretation or the breach, termination or validity thereof, shall be referred to and finally resolved by arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996, as amended from time to time.

18.2. The arbitral tribunal shall consist of three arbitrators, one appointed by each party and the said 2 (two) appointed arbitrators by the parties shall appoint the presiding arbitrator. The venue of the arbitration shall be Mumbai and the language of the arbitration shall be English.

18.3. The arbitral tribunal shall have the authority to order reasonable discovery including but not limited to: the identification of witnesses, the deposition of witnesses, the production of documents, including but not limited to the exchange of any documents with a specific bearing on the interpretation of the Agreement and a party’s performance under the Agreement, and the production of any exhibits upon which a party intends to rely at the Arbitration. There shall be a hearing unless the parties agree in writing that the Arbitral tribunal may decide the case solely on the documents submitted by the part. The arbitral tribunal will be empowered to impose costs on any party that seeks adjournment of the proceedings or hearings, or fails to comply with any directions of the Arbitral Tribunal. After 60 (sixty) days’ written notice to the parties, the arbitral tribunal also will be empowered to dismiss the claims or strike off the defence of a party that fails to deposit the costs referred to above, pay the fees of the arbitrators, or costs as directed by the tribunal towards conduct of the arbitration proceedings.

18.4. The arbitral award shall be in writing and shall state the grounds upon which it is based. The arbitral award shall be final and binding on the parties. Unless costs are awarded in the arbitration proceeding, all expenses, costs incurred by the parties in connection with such arbitration will be borne by the party jointly except for the legal fees of the Parties. Judgment upon any award rendered by the Arbitrator may be entered by any court having jurisdiction over the parties or their assets, or an application may be made to such court for judicial recognition of the award or an order of enforcement thereof, as the case may be. This paragraph shall survive the Termination or expiry of this Agreement.

18.5. These Terms of Use and applicable additional terms / policies shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the above paragraph of this clause, any disputes pertaining to the Platform shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai.

19. Contact information

20. RBI disclaimer

(a) “Reserve Bank of India neither accepts any responsibility nor guarantees the present position as to the financial soundness of the company or for the correctness of any of the statements or representations made or opinions expressed by the company and for discharge of any liability by the company.”

(b) “Neither there is any provision in law to keep, nor does the company keep any part of the deposits with the Reserve Bank of India and by issuing a Certificate of Registration to the company, the Reserve Bank of India, neither accepts any responsibility nor guarantees the payment of the deposits to any depositor or any person who has lent any sum to the company.”