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.letsaspire.in (“Website”) and mobile application ‘Aspire’ collectively referred to as (the “Platform”), operated and managed by Aspire Fintech Private Limited, having its registered office at 1st Floor, Block B, Cowrks Yelahanka, Sy No 144, Bellary Road, RMZ Galleria, Ambedkar Colony, Yelahanka, Bangalore – 560064 (“Aspire” or “We” or “Us” or “Our” ). These Terms are applicable between You and Us.
These Terms are ‘electronic record’ in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. 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. Your continued usage of the Platform shall signify Your consent to such changes and agreement to be legally bound by the same.
Further, by furnishing Your information to Us or by giving Your consent to Aspire to access Your information as provided under Our Privacy Policy for the purpose of facilitating the Facility (defined below), You also agree that You are interested in availing services in relation to the Facility through the Platform in accordance with these Terms.
1.1. You acknowledge that the Platform allows You to avail the following services including, limited, non-exclusive, non-transferable, and royalty free license to use the Platform as a single window system for the purposes of:
(a) Facilitation of transactions for purchase of goods or services You make through select online and offline medium, platforms, stores or marketplaces (“Authorized Property“) using a credit facility (“Facility”) extended by our lending partners (“Lending Partner”) and making
payments for the same on a deferred basis in instalments. It is clarified that these Terms shall be applicable only if Facility is available for payment on the Authorized Property. These Terms are applicable in addition to any terms and conditions that may be applicable to Your use of the Authorized Property where Facility is available as a payment option.
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.
1.2. Aspire is only facilitating the process of availing the Facility from Our Lending Partners responsible for the Facility. All activities with respect to the Facility are solely handled by the relevant Lending Partner from whom the Facility has been availed.
1.3. 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 makes any arbitrarily classification of the Users.
2.1. 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 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.
3.1. 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.
3.2. 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.
3.3. 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.
3.4. 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).
3.5. 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.
3.6. 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.
4.1. The following terms & conditions apply to all transactions made on Authorized Property using the Facility:
The following terms & conditions apply to all transactions made on Authorized Property using the Facility: –
Facility is a payment option available to certain select customers to make payments on the Authorized Property. Facility option may only be available for purchase of select good or services on the Authorized Property.
(a) Facility is a payment option available to certain select Users to make payments on the Authorized Property. Facility option may only be available for purchase of select good or services on the Authorized Property.
(b) If You choose to pay using Facility, You will transact with Lending Partner. Prior to providing the Facility, Lending Partner may (in their discretion) conduct credit approval checks for You.
(c) Provision of the Facility is at the discretion of the Lending Partner and the Lending Partner reserves the right to reject (exercisable in its discretion) the Facility to You, with or without any notice or reason and without any liability.
(d) As a pre-requisite to avail the 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 specified banks in India.
(e) To avail the Facility, the You must enter into a loan agreement with Lending Partner (“Loan Agreement“) as an essential pre-condition, in the form and manner notified by Lending Partner.
(f) Facility can only be used for purchases on the Authorized Property if You have sufficient balance/limit available under the Facility granted by the Lending Partner.
(g) The amount of the Facility may be modified, and the Facility may be cancelled by the Lending Partner in its discretion, and without assigning any reason and without any liability.
(h) Repayment of the Facility is governed by the terms notified by the Lending Partner from time to time. The Lending Partner may make various modes and mediums available for repayment of the Facility.
(i) Availing the Facility is governed by the terms and conditions prescribed by the Lending Partner and any other terms that the Lending Partner may notify from time to time.
(j) 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 Facility on Authorized Property.
(k) By availing the Facility, You acknowledge that the Lending Partner may use Your data in connection with the Facility, including without limitation for processing and activation of the Facility. In this regard, You agree and consents to Aspire sharing the information or data pertaining to You with Lending Partner.
(l) If You consent to Lending Partner collecting any data/information from Aspire, You consent to and permits Aspire to share with Lending Partner, Your data / information (so requested by Lending Partner) in possession of Facility, which was collected from You by Aspire in respect of Your KYC for other products offered by Aspire.
(m) You hereby explicitly agree and acknowledge to provide Aspire with access to the camera on Your device for the purpose of the “scan and pay” feature of the Platform.
(n) 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 Facility, including because of any fraud in connection with such use.
(o) If an order for which payment has been made using the Facility is cancelled, any refund to You or cancellation of the Facility will be undertaken by the Lending Partner after confirmation from the Authorized Property.
(p) Aspire will not be held liable for any dispute arising out of or in connection with use of the Facility.
Please contact the Lending Partner for any queries in relation to the Facility.
6.1. 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.
6.2. 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 and 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.
6.3. 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.
7.1. 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;
7.2. 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;
7.3. 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 the Lending Partner (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.
7.4. 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
7.5. You also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) to and in respect of the following activities, on behalf of the Lending Partner:
(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;
7.6. You agree that the Lending Partner 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;
7.7. You agree that Lending Partner 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;
7.8. CRIF Terms of Use
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 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 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.
7.9 Consumer Consent for accessing Consumer Credit Information Report (CIR)
You hereby appoint Aspire Fintech Private Limited as the lawful agent to receive your credit report/credit history (“Credit Information”) from Credit Information Companies (“CICs”).
You further authorize the Company to share with CICs, your personal information/details to procure your Credit Information on a monthly frequency and use the same to provide you with credit report access services (“Purpose”).
You understand and acknowledge that the CIC shall not be liable under law or equity, in any manner whatsoever, for providing your Credit Information to the Company and you will not raise any claim or objections against the CIC.
You confirm that this consent is given by your free will and not due to any solicitation by any person/entity.
This consent/authorization shall be valid for (i) a maximum period of 06 (six) months, from the date of giving the same, (ii) satisfying the Purpose or (iii) until you withdraw your consent at any time, by informing the same to the Company, at their registered office address, website, assigned email id or mobile application, whichever is earlier.
7.10. 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.
7.11. 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.
7.12. By availing the loan from the Lending Partner under these terms and conditions, You acknowledge that the Lending Partner may use Your data or information in connection with the loan, including without limitation for the processing of the loan application. In this regard, the User agrees and consent to the Lending Partner sharing the information or data pertaining to the User with any third party which is involved in the processing of the application, or use of the loan facility etc.
8.1. 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 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.
8.2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Aspire 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.
8.3. Aspire shall not at any point of time hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Services availed by the Users.
9.1. 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 from the concerned Lending Partners, 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 concerned Lending Partners for the purpose of You availing the Facility or for any other purpose;
(e) The relevant Lending Partner with whom you have entered into a Loan Agreement is solely responsible for executing such Loan Agreement, as applicable to You;
(f) While Aspire shall endeavour to provide a real time status of the loan facilitated through the Platform, Aspire is not responsible for any error or omission which may arise due to reasons beyond the reasonable control of Aspire;
10.1. 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.
11.1. 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;
11.2. 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.
12.1. 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.
13.1. 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
13.2. The Nodal Grievance Officer of Aspire shall acknowledge the User grievances or complaints or concerns with respect to the Platform, the Content, or the Services, within 24 (twenty four) hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 15 (fifteen) days of receipt of such User grievance. By lodging a complaint or grievance, You agree to provide complete support to the Nodal Grievance Officer and such reasonable information as may be sought by them from You.
13.3. Aspire shall not be responsible to redress grievances of Users with regard to any of the services provided by the concerned Lending Partners whether the Facility is availed directly through the Platform or not.
14.1. 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.
14.2. 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.
15.1. Notice: All notices from Aspire will be served by email to Your registered email address or by general notification on the Platform.
15.2. 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.
15.3. 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.
15.4. 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.
16.1. 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