Welcome to the terms and conditions for Aspire (“Terms“). These Terms mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the website www.aspirefinance.in (“Website”) collectively referred to as (the “Platform”), operated by Aspire Finance Private Limited  (“Aspire” or “We” or “Us” or “Our” ) – a base layer – non-deposit taking Non-Banking Financial Company having received in principle approval from the Reserve Bank of India.

These Terms are an ‘electronic record’ in terms of the Information Technology Act, 2000 and rules made thereunder as applicable or such other law for the time being in force. The Terms are (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by Aspire.

Aspire retains an unconditional right to modify or amend these Terms and Privacy Policy and notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check the Terms periodically for changes. By clicking on the “I agree” button provided on the Platform, You provide Your explicit, free, specific, informed, unconditional and unambiguous consent to these Terms and our Privacy Policy. Further, by furnishing Your information to Us or by giving Your consent to Aspire as mentioned above, to access Your information as provided under Our Privacy Policy for the purpose of providing the Credit Facility (defined below), You also agree that You are interested in availing services in relation to the Credit Facility through the Platform in accordance with these Terms.

1. Services
   • 1. You acknowledge that the Platform allows You to avail various loans and credit products offered by Aspire including but not limited to personal and business loans (“Credit Facility”). Aspire hereby grants you a limited, non-exclusive, non-transferable, and royalty free license to use the Platform as a single window system for the purpose of availing Credit Facilities on the Platform.

The aforementioned services shall be collectively referred to as the “Services”. Aspire may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice. 

• 2. Aspire does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Services; and (ii) discriminate between Users of the same class or make any arbitrary classification of the Users. As an entity registered with the Reserve Bank of India (“RBI”), we have adopted a Fair Practices Code to ensure we treat all our customers fairly.

2. Eligibility to Use
   • 1. Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age (ii) not a person barred from receiving the Services from the Platform under the applicable laws and (iii) competent to enter into a binding contract.  In case You are accessing the Platform as a representative of and on behalf of a legal entity or organisation, (i) You represent and warrant that You have the full authority to represent the legal entity and have the power to bind them; and (ii) You understand that the Privacy Policy, upon acceptance by You, is applicable to and binds all other persons accessing or using the Platform and the Services on behalf of the same legal entity or organisation for this purpose.

3. User Account, Password and Security
   • 1. In order to access Services, You will have to register on the Platform by providing requisite details as may be required by Aspire and provided for in the Privacy Policy (“Account”). You authorize Aspire to collect Your authentication information, and other information that may be available on or through the phone number consistent with Your applicable settings and instructions.
   • 2. You shall not have more than one active Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
   • 3. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Aspire for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if Aspire has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Aspire has the right to refuse any and all the Services.
   • 4. You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access the Service and for any activities or actions under Your Account. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and special characters) with Your Account and with other accounts that You may connect to Your Account (such as Your email account).
   • 5. You agree to (a) immediately notify Aspire of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Aspire cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. Further, Aspire will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.
   • 6. You may be held liable for losses incurred by Aspire or any other user or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4. Additional Terms:

• 1. The following terms & conditions apply to all Credit Facilities availed by You from Aspire:

• (a) The Credit Facility is made available to You completely at the discretion of and based on Aspire’s assessment of your creditworthiness, its internal policies and procedures and applicable RBI directions, circulars and guidelines.
• (b) If You choose to apply for a Credit Facility on the Platform, You understand that Aspire will conduct credit approval checks on You.
• (c) Aspire reserves the right to reject (exercisable in its discretion) the provision of Credit Facility to You, with or without any notice or reason and without any liability.
• (d) As a pre-requisite to avail the Credit Facility, You are required to have a PAN (permanent account number) card, we will also require access Your Aadhaar details for KYC purposes. Further, You must also have a bank account with one of the scheduled banks in India.
• (e) To avail the Credit Facility, the You must enter into a loan agreement with Aspire (“Loan Agreement“) as an essential pre-condition, in the form and manner notified by us .
• (f) The amount of the Credit Facility may be modified, and the Credit Facility may be cancelled by Aspire in its discretion, subject to compliance with RBI directions, circulars, and guidelines.
• (g) Repayment of the Credit Facility is governed by the terms notified by Aspire from time to time. We may make various modes and mediums available for repayment of the Credit Facility which shall be communicated to you through the Loan Agreement or through other means.
• (h) You also agree and acknowledge that Aspire and its affiliates will not be liable or responsible for any claim on account of availability or non-availability of Credit Facility to you.
• (i) By availing the Credit Facility, You acknowledge that Aspire may use Your data in connection with the Credit Facility, including without limitation for processing and activation of the Credit Facility. In this regard, You agree and consent to Aspire sharing the information or data pertaining to You with its affiliates and third-party service providers according to our Privacy Policy.
• (j) You agree that Aspire and its affiliates will not be liable for any losses or damages suffered by You on account of use of the Credit Facility, including because of any fraud in connection with such use.
• (k) To the complete extent allowed under applicable laws in India, Aspire will not be liable for any dispute arising out of or in connection with your use of the Credit Facility.

6. Third Party Websites, Hyperlinks and Materials
   • 1. The Platform may contain materials contributed by third parties and Aspire may, to provide access to information provided by third parties, provide or assist in providing links to external websites through the Platform. Aspire has not approved or endorsed any of the materials contributed by third party websites or any external websites linked to the Platform. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with Aspire and any such third parties or external websites.
   • 2. The provision of, or assistance in providing, materials contributed by third parties on this Website or links to external websites give rise to no statement, representation, or warranty, express or implied, that Aspire agrees or does not disagree with the contents of any such materials or external websites. Aspire will not have or accept any liability, obligation, or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via this Website or inability to use any of them.
   • 3. Aspire may include links to external websites and success stories (or case studies) to help users better understand the Indian market. Aspire’s inclusion of such links and content does not imply any endorsement of any material on linked sites or recommendation of that company or provider over another.

7. Use of Platform:
   • 1. Subject to compliance with the Terms, Aspire hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Aspire and/or other Users;
   • 2. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Aspire. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials, or any Content to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform;
   • 3. You shall indemnify Aspire and its affiliates (its agents, employees, officers and directors) (collectively “Indemnitees”) against all or any losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees)  suffered by the Indemnitees on account of breach of undertakings, representations and warranties, covenant or agreement made by You or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy  including any legal action / proceedings initiated by You or any third party in connection with these Terms and unauthorized access to or storage of Your information or Personal Information by Aspire (its agents, employees, officers and directors) which are solely attributable to any breach, negligence or fraud by You. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights. In no event shall Aspire and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.
   • 4. You declare that all the particulars and information and details provided by You to Aspire are true, correct and accurate and You have not withheld / suppressed any material and relevant information from Aspire.
   • 5. You also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) to and in respect of the following activities, on behalf of Aspire:

• (a) Use Your Aadhaar details for KYC proof, enabling You to eSign the loan agreement and/or eSign the NACH Mandate and authenticate Your identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose;
• (b) authenticate Your Aadhaar through one-time password or Biometric or XML Flow for authenticating Your identity through the Aadhaar Authentication system for obtaining Your e-KYC through Aadhaar based e-KYC services of UIDAI and use Your photo and demographic details (Name, Gender, Date of Birth and Address) for KYC proof, in connection with the Loan Agreement and the Mandate and for no other use / purpose;
  • 6. You agree that Aspire may avail services from any third party to conduct Aadhaar based KYC authentication i.e. authentication services provided by UIDAI, where Your  personal identity information /data that is obtained from You  and matched with the personal identity information/data that is stored in the UIDAI’s central identity data repository in order to provide Aadhaar enabled services to You;
  • 7. You agree that Aspire may receive and update credit reports from any/all credit bureaus or any other agency/ regulatory authority as required and as permitted under applicable law;
  • 8. You hereby give Your free consent and authorize Aspire for providing Your Personal Information to obtain Your credit information report and credit score from any/all credit bureaus for the purpose of the Credit Facility and not for any other purposes. You hereby unconditionally consent to and instruct any/all credit bureaus to provide Your credit information to You and Aspire on a monthly basis and this consent shall be valid till the Credit Facility is active. You also acknowledge that You shall not raise any claim or hold liable any/all credit bureaus in relation to Your credit information report and credit score provided or to be provided by any/all credit bureaus to Aspire. You understand that You shall have the option to opt out/unsubscribe from the service. By submitting this form, You agree to any/all credit bureaus credit score Terms of Use.
  • 9. You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
  • (a) belongs to another person and to which You do not have any right;
  • (b) is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  • (c) is harmful to child;
  • (d) infringes any patent, trademark, copyright, or other proprietary rights;
  • (e) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
  • (f) impersonates another person;
  • (g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence, or is insulting other nation;
  • (h) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  • (i) violates any law for the time being in force;
  • (j) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
  • (k) violate the Terms contained herein or elsewhere; and
  • (l) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

• 10. You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.

• 11. By availing the Credit Facility under these Terms, You acknowledge that the Aspire may use Your data or information in connection with the loan, including without limitation for the processing of the loan application. In this regard, You agree and consent to Aspire sharing the information or data pertaining to You with any third party which is involved in the processing of the application, or use of the loan facility etc. with Your explicit consent as per our Privacy Policy and/or through the user interface on the Platform.

8. Intellectual Property Rights:
   • 1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned by Aspire and/or its group companies/affiliates and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
   • 2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Aspire and/or its group companies or affiliates or other respective third parties, as the case may be. You are not permitted to reproduce or distribute or otherwise use the Marks without the prior consent of Aspire or the third party that may own the Marks.

9. Disclaimers of Warranties & Liability
   • 1. You expressly understand and agree that, to the maximum extent permitted by applicable law:
   • (a) the Platform and other Content are provided by Aspire on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Aspire makes no warranty that the Platform or Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Aspire shall create any warranty not expressly stated in the Terms;
   • (b) Aspire has endeavoured to ensure that all the information on the Platform is correct and up to date based on inputs received by Aspire, however, Aspire neither warrants nor makes any representations regarding the correctness or completeness of any data (including forms and applicable laws or change in law) or information regarding any other Services provided on the Platform;
   • (c) Aspire shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Aspire shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Aspire’s reasonable control;
   • (d) Aspire shall not be responsible for any delay or inability to use of any third-party websites or hyperlinks provided on the Platform or for delay or inability to access services by the websites of third-party service providers (if any) for the purpose of You availing the Credit Facility or for any other purpose;

10. Violation of the Terms
    • 1. You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aspire, for which monetary damages would be inadequate, and You consent to Aspire obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Aspire may have at law or in equity.

11. Suspension and Termination
    • 1. The Terms will continue to apply until terminated by either You or Aspire as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform;
    • 2. Aspire may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Aspire chooses to terminate them.

12. Governing Law and Jurisdiction:
    • 1. These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bengaluru, India.

13. Grievance Redressal Mechanism
    • 1. Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, You can contact the designated Nodal Grievance Officer of Aspire, namely, Mr. Manoj Kumar Rathi, at compliance@letsaspire.in

• 2. All grievances raised by you shall be handled in the manner as set out in our grievance redressal policy available here.

14. Communications:

 

• 1. You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from Aspire and other third parties duly authorised by Aspire. You hereby expressly consent to the monitoring and recording, by Aspire of any and all communications between You and Aspire or its agents, employees, consultants, contractors, or representatives of Aspire or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.
• 2. You can unsubscribe or opt-out from receiving communications through SMS and e-mail from Aspire. In which case, Aspire will only send You communications solely required for the purposes of the Services provided through the Platform.

15. General Provisions
    • 1. Notice: All notices from Aspire will be served by email to Your registered email address or by general notification on the Platform.
    • 2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Aspire’s rights under the Terms are freely transferable by Aspire to any third party without the requirement of seeking Your consent.
    • 3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
    • 4. Force Majeure: Aspire and/or the Platform shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

16. IP Infringement
    • 1. If You believe the Platform violates Your intellectual property, You must promptly notify Aspire in writing at compliance@letsaspire.in These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
    • (a) the intellectual property that You believe is being infringed;
    • (b) the item that You think is infringing and include sufficient information about where the material is located on the Platform;
    • (c) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
    • (d) Your contact details, such as Your address, telephone number, and/or email;
    • (e) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

• (f) Your physical or electronic signature