The Money Club – User Agreement
Date of Publication: 9th June 2018
Last amended on: 9th June 2018
If you believe that your rights are being violated by information on this platform, you may get in touch with our Grievance Officer at:
Complete Postal Address: B609, Advant Navis Business Park, Sector 142, Noida
Phone number: +91 7289822020
The platform is owned by MoneyClub Technologies Private Limited (“We” or “Us” or “Company” or “Money Club”).
Please read this Agreement carefully and make sure that you understand it fully before using the Services.
This Agreement is a contract between you and the Company and applies to your use of the Services (the “Services”) as defined below.
By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records.
Use of the Website and mobile app is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the “Platform”. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the platform and shall not transact on or use the platform. As a minor if you wish to use or transact on platform, such use or transaction may be made by your legal guardian or parents on the platform. We serve the right to terminate your membership and / or refuse to provide you with access to the platform if it is brought to our notice or if it is discovered that you are under the age of 18 years or if it is discovered that you are not fully complying with the provisions of the Indian Contract Act, 1872.
You fully understand and agree that the Company provides a transaction and communication platform by way of the website and the mobile application that you can utilize to avail Services for forming closed and highly trusted clubs within which you can Save, Invest and borrow money more efficiently, solely by way of carrying out financial transactions with other users at your own risk outside the purview of the company. You further understand and agree that we may convert our company to an NBFC in near future, following which you shall be required to deposit funds into an Escrow account before the bid.
You fully understand and agree that all the transactions that you carry out with other users are not controlled by the Company in any manner and are subject to performance risks in case one or more users do not fulfill their Money Club commitments and there is no assurance or guarantee given by the Company that the objectives of the Club will be achieved.
For all purposes, the user shall mean any person who chooses to become part of one or more Money Clubs offered by the Company by using the platform. You fully understand and agree that:
a. The Company provides the services of connecting users via Money Clubs and does not facilitate any financial transactions between any of the users in any manner. The Company may be converted to a NBFC in near future, following which you shall be required to deposit funds into an Escrow account before the bid
b. The Company is not and cannot be a party to or control in any manner any financial transaction between the Users.
c. All financial/commercial/contractual terms are offered by and agreed to between the users alone outside the scope of services offered by the company.
d. The Company may not have any full or partial control or does not determine or advise or in any way involve itself in the offering or acceptance of such financial/commercial/contractual terms between the users.
e. The Company is not responsible for any non-performance or breach of any contract entered into between users who are members of one or more Money Clubs. The Company shall make its best effort to provide the services to the users but cannot and does not guarantee that the concerned users will successfully complete any transaction concluded between such users. You are required to understand the relevant RBI guidelines, whereby you have fully understood the risks associated with the proposed transaction and that there is no guarantee of return and that there exists a likelihood of loss of entire principal in case of default by any user. The platform shall not provide any assurance for the recovery of loans. Further, the platform shall display a caveat that “Reserve Bank of India does not accept any responsibility for the correctness of any of the statements or representations made or opinions expressed by the NBFC-P2P, and does not provide any assurance for repayment of the loans lent on it”. RBI guidelines may be found here – https://rbidocs.rbi.org.in/rdocs/notification/PDFs/MDP2PB9A1F7F3BDAC463EAF1EEE48A43F2F6C.PDF
f. The Company, through the Services, may allow the users to apply for solutions provided herein. You understand that the Company may collect, authenticate, track your location, verify and confirm your personal data, professional data, documents and details as may be required.
g. In order to avail the Services, you may be required to register with the platform by logging in through your Third Party Accounts (“User Accounts”) or a user id and password. During the process, you may be required to share and upload the User Data on the Website or the Mobile Application Form. User Data shall include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS, Phonebook Contacts, call logs and browsing history, data and login-in credentials of Third Party Platforms, business details, company’s name and address, personal and business identification documents, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data required for KYC (Know Your Customer) & AML (Anti-Money Laundering) compliances, requirement and other relevant details (“Personal Information”). You agree that the Personal Information shall always be accurate, correct and complete.
As part of the Services, you authorize us to import your details and Personal Information dispersed over Third Party Platforms. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from Third Party Platforms.
h. All transactions undertaken on your behalf by the Company will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis.
i. You understand and acknowledge that the Company reserves the right to track your location (“Track”) during the provision of Services, and also in the event that you stop, cease, discontinue to use or avail the Services, through deletion or uninstallation of Mobile App or otherwise, till the event that your obligations exist. Deletion, uninstallation, discontinuation of our Services, shall not release you from the responsibility, obligation and liability that may arise by availing our services.
j. You understand and acknowledge that you shall be solely responsible for all the activities that occur under your User Account while availing the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services. By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.
k. You understand and acknowledge that, you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the Services on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.
l. The User Data provided during the registration is stored by us for your convenience. You are not required to log-in to your User Account, every time, to use or access the Platform. You understand and acknowledge that by accepting these Terms, you authorize us to Track, fetch and use the User Data, including but not limited to your Personal Information, for the purpose of authentication and any updates with regards to your credentials.
m. The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the platform and use Your best judgment in that behalf.
n. You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the platform and / or any actions of third parties, and specifically waive any claims that you may have in this behalf under any applicable law.
- DEFAULTS AND RECOVERY PROTOCOL
a. You fully understand and agree that a Club will be declared defaulted if any of the following conditions are met:
- One or more members of a club refuse or fail to make the necessary transfers against a round of bidding before the scheduled start of the next round of bidding.
- One or more members of a club refuse or fail to confirm the necessary transfers against a round of bidding before the scheduled start of the next round of bidding.
b. You fully understand and agree that if a User defaults in one or more clubs, the said User will strictly get blacklisted from the Money Club platform.
c. You fully understand and agree that once a User defaults in one or more of his/her active clubs, he/she shall be blacklisted from the Money Club platform.
d. You fully understand and agree that whenever a User fails to complete a required transaction with other Users required for the continuity of the corresponding Money Club(s) on the scheduled date and time (shown on the application) in any of his/her clubs, said User shall be immediately declared as a defaulter in all his/her active clubs on the Money Club platform.
e. You fully understand and agree that in case of a User default, said User Account will be transferred under recovery protocol to recover the amount of money owed by said User to other Users of his/her Money Club(s).
f. You fully understand and agree that the amount of money to be recovered in case of default shall include a due amount that is the sum total of all the present or future commitments (including, but not limited to, full contribution in the future rounds, corresponding interests, etc.) in all the clubs wherein the User has defaulted.
g. You fully understand and agree that in case of default by a User as an Investor (hereinafter referred to as the “Defaulting Investor User”), such Defaulting Investor User shall have to forfeit the amount that he has invested till date in the corresponding club(s).
h. You fully understand and agree that our recovery protocol may include, but not limited to, following steps:
- Sending “Notices of default” with a 3-Level escalation to the defaulters email and physical address to allow the Defaulting User some time to respond and clear his dues, along with a physical visit.
- The defaulter will be liable to pay, over an above the due amount, a penalty (subject to change) as well as interest @ 1% of the due amount per day starting from the date of default.
- If no affirmative response is received from the defaulter then the debt recovery team will call the defaulters contacts to reach the defaulter in case his coordinates have changed and also convince the defaulter to repay the amount.
- If no response is received from the defaulter even after above-steps, a legal notice will be sent asking to repay the debt before a certain date or else a legal case will be filed against him, which may include filing a civil suit against the defaulter in the court of competent jurisdiction and a court case will be initiated thereafter.
- Complying with the NBFC P2P guidelines as per the RBI, all the data relating to defaulting user will have to be shared with Credit Information Companies. Defaulter’s transaction details will be reported to the respective credit rating agency which will impact his/her credit score permanently.
- In addition to the above, Money Club will continue to assist the aggrieved party on a best-efforts-basis to recover the funds from the defaulter as and when required.
- INDEMNITY AND DISCLAIMER OF WARRANTY
b. The Platform, Website, Application and all content and services provided on the Website and the Application are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. The Company makes no warranty, and expressly disclaims any obligation, that:
- the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
- The platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
- the results that may be obtained from the use of the platform or any services offered through the platform will be accurate or reliable; or
- the quality of any products, services, information, or other material obtained by you through the platform will meet your expectations.
- INTELLECTUAL PROPERTY RIGHTS
a. This platform is controlled and operated by the Company and all material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.
b. Material on Platform, Website and App is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
c. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- INTELLECTUAL PROPERTY AND TRADEMARK INFRINGEMENT COMPLAINTS
We respect the intellectual property of others. In case You feel that Your Trademark or Intellectual Property Rights have been infringed, You can write to us at firstname.lastname@example.org.
The Company does not warrant that Product and / or Services description or other content of this platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
- LIMITATION OF LIABILITY
b. The Company (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.
c. The platform may provide links to other third party websites. However since the Company has no control over such third party websites, you acknowledge and agree that the Company is not responsible for the availability of such third party websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites.
a. You fully understand and agree that Reserve Bank of India does not accept any responsibility for the correctness of any of the statements or representations made or opinions expressed by MoneyClub Technologies Private Limited, and does not provide any assurance for guaranteed performance of money clubs on the Money Club platform.
b. You fully understand and agree that the information contained herein is only to enable the users to make a considered decision. Any decision taken by the User on the basis of this information is the sole responsibility of the User and Money Club is not liable under any circumstances whatsoever.
c. You fully understand and agree that Money Club only facilitates a virtual meeting place between the Users on its online platform. The decision to conduct financial transactions with other users is entirely at the discretion of the User and MoneyClub does not guarantee that the Users will successfully complete the financial transactions as per their understanding with other Users.
d. You fully understand and agree that Money Club provides a technology platform that enables users to form closed clubs within which they can Save, Invest and borrow money more efficiently among themselves totally at their own risk.
e. You fully understand and agree that Money Club is only an ‘Intermediary’ under the provisions of the Information Technology Act, 1999. You should strictly refrain from taking part in any fraudulent activities of persons who misrepresent to third parties that they are employees or authorized representatives of Money Club in order to cheat you. Please be aware that the only legitimate domain for Money Club is www.themoneyclub.in. We urge you to please verify that any clubs are legitimate by checking with us at the below mentioned contact details. If you are in doubt about any email, phone call, communication, etc., please do not respond by revealing personal information about yourself or your company and strictly refrain from forwarding any money to third parties prior to verification with Money Club. To verify any of the clubs or to report any suspicious behavior, please contact us at email@example.com or +91 7289822020 between 9:30 am to 6:00 pm IST from Monday to Saturday.
f. The User acknowledges and confirms that he/she is well aware of the rules & regulations and the risks involved in services offered by the Company. Changes are periodically added to the information herein.
g. The Company may make improvements and/or changes on this platform at any time. We will not be responsible for any data accessed / mis-utilized by unauthorized use of the platform by third party due to user’s neglect or due to allowing access to personal data to third party intentionally or unintentionally.
h. The Company will not be involved in any financial handling. The user hereby agrees not to raise any claim or dispute against the Company and its directors, officers, employees or agents against any breach of law which is done by user or money changers which is beyond the control of the Company.
i. No legal right is there to any member or user of the platform to raise dispute against the Company. The Company shall have the absolute discretion to amend or supplement any of the Terms at any time. We may communicate the amended terms by hosting the same on the platform or in any other manner as decided by the Company. The user shall be responsible for regularly reviewing these terms including amendments thereto as may be posted on the platform.
- LINKS TO OTHER SITES
Our platform links to other websites that may collect personally identifiable information about you. The Company is not responsible for the privacy practices or the content of those linked websites.
- APPLICABLE LAW AND JURISDICTION
b. You fully understand and agree that any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be determined by alternate dispute resolution mechanisms, including Arbitration and / or Mediation in accordance with the Indian Arbitration and Mediation Laws in force at the commencement of the dispute resolution proceedings. To fully understand our dispute resolution procedure, please contact us at firstname.lastname@example.org or +91 7289822020 between 9:30 am to 6:00 pm IST from Monday to Saturday.
- INDIA ONLY
Unless otherwise specified, the material on the Platform, Website or App is presented solely for the purpose of sale in India. The Company make no representation that materials in the platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this platform from other locations/Countries other than India do so on their own initiative.
- ENDORSEMENTS AND TESTIMONIALS
You fully understand and agree that from time to time, we may also publish testimonials by users, related to their experiences with our services. These testimonials are their “subjective opinions” and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. None of these testimonials have been scripted by us or, to our knowledge, third parties. We publish these testimonials verbatim, except for correction of grammatical or typographical errors. Also, we may shorten some testimonials if they appear lengthy or not entirely relevant for a general audience. Names, locations, dates and other information may have been changed to protect the privacy of users. All other testimonials and endorsements of any type, format or nature that users post are not verified by us and we make no warranty or representation as to their accuracy. You should be cautious when relying on them and you should assume the results described therein are not typical.
a. You fully understand and agree that you should strictly restrict any and all activity in connection with the use of this Site, Application and the Platform to that which involves lawful purposes only. You shall not post or transmit through this Site, Application and the Platform any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company’s express prior, written approval, contains advertising or any solicitation with respect to Products or Services. Any conduct by any User that in Company’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site, Application and the Platform is strictly prohibited.
b. You fully understand and agree that you shall NOT use this Site, Application and the Platform to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site, Application and the Platform to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Money Club. The foregoing provisions of this Section apply equally to and are for the benefit of Money Club, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
c. You fully understand and agree that Money Club shall have the right, but not the obligation, to monitor the content of the Site, Application and the Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, Application and the Platform, to determine compliance with this Agreement and any operating rules established by Money Club, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Money Club shall have the right to remove any material that Money Club, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
d. You fully understand and agree that by using this Site, Application and the Platform and by posting communications on or through this Site, Application and the Platform, you shall be deemed to have granted to Money Club a fully legal, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees, in addition to use all the shared information to enforce this Agreement.