Terms & Conditions

1.1. “evolvefin”, either directly or through Platform Partners, offers various services to its customers, including but not limited to:

• 1.1.1. Digital Lending Services (facilitating personal or business loans in partnership with RBI-regulated lenders).
• 1.1.2. Communication Services - In partnership with Communication partners, “evolvefin” facilitates customer communication through SMS, WhatsApp, and other approved digital & physical channels, for purposes including service updates, transaction alerts, and promotional offers and services given to multiple companies.
• 1.1.3.

  Provision of additional products/services (not related to Digital Lending Services, QR Payment Services and communication services) on the Platform, including but not limited to services and any other services that may be introduced from time to time (“Additional Services”),

(collectively referred to as the “Services”)

2.1. The User of the Platform unequivocally declares and agrees that the User is a natural/ legal person who has attained the age of at least 21 (twenty-one) years of age and is legally allowed to enter into a contract and avail the Services in India, subject to and in accordance with the terms and conditions detailed herein.

2.2. If the User violates any of these Terms & Conditions, or otherwise violates an agreement entered into through the medium of the Platform, or the Company discovers that any User is not capable of entering into a legally binding contract or avail the Services sought, then the Company may terminate/delete his/her account/profile along with any of its content or information on the Platform and/or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation.

3.1. These Terms & Conditions constitute an agreement between: (a) You; and (b) Company, and govern Your access to and usage of the Platform, and the terms for availing the various Services facilitated by the Platform through its Platform Partners. It is hereby clarified that the term “Users” shall mean any person using the Platform i.e. consumers/Users, financial institutions, regulated entities, and other Platform Partners.

3.2. These Terms & Conditions incorporate the following documents (including all their variants and updates) by reference: (a) our Privacy Policy (available at http://evolvebusiness.in/privacy-policy); and (b) the agreement(s) executed by You (and co-applicants, nominees, if any) for availing any of the Services (as further detailed in the Sections below) from us and/or our Platform Partners.

3.3. All the Services are subject to applicable laws, government notifications, the rules, regulations and guidelines issued by the applicable regulatory bodies. Evolve reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions or update the Platform and the Services thereon, at any time. It is Your sole responsibility to review the Terms and Conditions periodically for updates or changes. Your continued access/usage of our Platform and the Services following the posting of changes on our Platform shall be deemed to constitute your acceptance of the changes made to these Terms & Conditions.

4.1. In order to use the Platform holistically, and to avail the Services, you will be required to create an account by signing up on the Platform (“Account”), which can be done by providing/ using the following: your phone number and full name (as per pan card); or such other login credentials that are adopted by the industry for setting up an Account with the Platform; and any other information as mentioned under the Privacy Policy (collectively “Registration and Profile Creation data”).

4.2. Upon entering the mandatory details, you will receive a One Time Password (“OTP”) for the purpose of verification or such other auto verification process adopted by the Company in compliance with applicable law. Upon completion of verification, the Account is created and is ready for use. You shall not transfer or share your Account information or Login Credentials with anyone or create more than one Account.

4.3. Once registered, in order to log into the Account, you will be required to use your Login Credentials. Upon being successfully registered on the Platform you will be provided access to a dashboard which will enable you to access your Account details.

4.4. You should take all necessary steps to ensure that the login credentials/OTP is kept confidential and secure and should inform us immediately if You have any reason to believe that Your login credentials/OTP has become known to anyone else, or is likely to be, used in an unauthorized manner. Evolve shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Evolve or any User or visitor of the Platform due to authorised or unauthorised use of the Account, as a result of Your failure to keep the Login Credentials confidential.

4.5. You agree that the information provided by You on the Platform, at all times (including during registration), will be true, correct, accurate, up-to-date and complete. Having any reasonable suspicion that the information provided by You is wrong, inaccurate or incorrect, Evolve shall immediately terminate Your account without any notice to You in this regard, suspend the ongoing Services and/or take such other actions as it may deem fit. In the event of any changes to the information shared by You at the time of registering Yourself on the Platform or for availing the Services, You shall be responsible for forthwith notifying the said changes to Us.

4.6. You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to Evolve terminating Your Account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.

5.1. “evolvefin” collects certain information from You in order to create Your Account and to facilitate the Services. ““evolvefin”’s” use of Your personal information is governed in accordance with our Privacy Policy. The Privacy Policy summarises all types of information that is collected from You by Us or the Platform Partners, the manner in which it is shared by Us with other third parties/Platform Partners as detailed therein, along with the purpose of collection for each, retention period and the parties that have access and store such information.

5.2. Please refer our Privacy Policy for further details on the information and permissions/consents sought by Us from You in the course of Your account creation and subsequent use of the Platform/Services.

6.1. Evolve shall be the sole and absolute owner of the Platform, including but not limited to the idea behind the Platform, the copyright in all content on the Platform and all trademarks, designs, logos and other insignia of trade used on the Platform and elsewhere during the performance of the Services, all of which are subject to protection under intellectual property laws of India.

6.2. As long as you comply with Terms and Conditions, Evolve grants You a limited, non-transferable, non-sublicensable and revocable license to access and use the Platform solely for the purpose of availing the Services, but not to download (other than as expressly permitted/enabled by Evolve on the Platform) any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of Evolve and / or its affiliates, as may be applicable. Any unauthorized access to the Platform or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms & Conditions, is not permitted.

7.1. Evolve has the right and liberty to monitor the content of the Platform and Your activity at all times which shall include information provided by You in Your Account. The monitoring of the Platform is important to determine the veracity of the information provided by You and that every User remains in compliance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, Evolve shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions herein or share such information on a need-basis with the governmental/ regulatory authorities, courts, regulators, or law enforcement agencies, quasi-governmental authorities, judicial authorities and quasi-judicial authorities as per procedures laid down by the law for the time being in force in India.

8.1. Evolve may stop providing the Services and may terminate Your use of the Platform at any time without giving notice of termination to You. Unless Evolve informs the User otherwise, upon any termination, (a) the rights and licenses granted to You in these terms will end; and (b) User must stop using the Platform forthwith. Evolve reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.

9.1. In addition to other prohibitions as set forth in the Terms & Conditions, You agree not to, by any means (including hacking, cracking or defacing any portion of the website/ applications/ portals/ platforms) indulge in illegal or unauthorized activities including the following:

• 9.1.1. Restrict or inhibit any authorized User from using the Platform;
• 9.1.2. Use the Platform for any unlawful purposes, or solicit others to perform or participate in any unlawful acts;
• 9.1.3. Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• 9.1.4. Collect, track or harvest information about Platform’s Users without their express consent;
• 9.1.5. “Frame” or “mirror” any part of the Platform without our prior authorization;
• 9.1.6. Engage in spamming or flooding;
• 9.1.7. Transmit any software or other materials that contain any virus, time bomb, or other harmful or disruptive component, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation or security features of the Service or of the Platform, or the Internet;
• 9.1.8. Remove any copyright, trademark or other proprietary rights notices contained in the Platform, or infringe upon or violate Company’s intellectual property rights or the intellectual property rights of any third parties;
• 9.1.9. Use any device, application or process to retrieve, index, "data mine" or in any way reproduce or circumvent the structure or presentation of the Platform;
• 9.1.10. Permit or help anyone without access to the Platform to use the Platform through Your username and password or otherwise;
• 9.1.11. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• 9.1.12. Submit false or misleading information;
• 9.1.13. Spam, phish, pharm, pretext, spider, crawl, or scrape;
• 9.1.14. Engaging in commercial activities with respect to the Platform without Evolve’s prior written consent.

9.2. In the event the Company suspects any of the above and in addition to the right of Evolve under clause 11 below, we reserve the right to terminate Your use of the Service or the Platform for violating any of the prohibited uses, or take such other actions as may be deemed fit in this regard.

Evolve reserves the right to:

10.1. Make all decisions in relation to inter alia your registration with “evolvefin”;

10.2. Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform; and

10.3. Deny or terminate Your access to the Platform or any portion thereof without notice for the following reasons: (i) any unauthorized access or use by You, (ii) attempt(s) to assign or transfer any rights granted to you under these Terms and Conditions; (iii) violation of any of the provisions of these Terms and Conditions or any applicable laws.

11.1. Notwithstanding anything to the contrary contained herein, neither Evolve nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Evolve, its affiliated and subsidiary companies, and each of their directors, officers, employees, representatives and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Platform.

11.2. As a User, You also acknowledge that Evolvef has maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Platform is based on the information that is provided to Evolve. In case the User does not disclose any information to Evolve, and the same is not found out at the first instance by Evolve despite all measures adopted to certify the ratings or credibility of a User, Evolve shall not be responsible for any claims or liabilities. Evolve in any event is not responsible for any default in return of money that is borrowed from the lender and the lender shall have the exclusive right to initiate proceedings against the defaulter borrower. Evolve shall to the best of its abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, Evolve shall not be responsible for any default on behalf of the User.

11.3. Evolve does not make any representations or warranties on behalf of the Platform Partners on the Platform with respect to the products / Services provided directly by such Platform Partners on the Platform. Evolve shall be responsible only to the extent of facilitating such Services on the Platform by the Platform Partners and all liabilities and obligations of the customers / Users with respect to the actual Services availed from the Platform Partners (lending partners) shall be governed by the separate agreement executed between such Platform Partners (lending partners) and the Users, and Evolve shall have no liability in this regard whatsoever.

11.3. YOUR USE OF THE PLATFORM AND SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE TO YOU THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND SOLE RISK. THE SERVICE AND PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVOLVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENT AND THE ACCURACY OF THE INFORMATION. EVOLVE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. TO THE FULLEST EXTENT PERMITTED BY LAW EVOLVE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR MADE ACCESSIBLE FROM THE SERVICES AND PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. COMPANY AND ITS AFFILIATES, MAKE NO WARRANTY THAT: (i) THE SERVICES OR THE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED IMMEDIATELY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Evolve may, from time to time, announce certain offers with intent to promote its Platform and/or Services ("Promotional Offer(s)"). The Promotional Offer(s) would always be governed by these Terms and Conditions plus certain additional terms and conditions, if any, prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms and Conditions, to the extent they may be in conflict with these Terms and Conditions. Evolve reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, in its sole discretion. Additionally, Evolve may from time to time, offer referral bonuses and rewards to You for inviting new users to the Platform and/or for completing other activities on the Platform.

The Platform may contain or provide advertisement, links and interactive functionality interacting to websites and resources of third parties. Since Evolve has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Evolve does not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform provides a link. Further, the Users consent and agree that the content provided in the Website and the App shall be synced and shall be available in both mediums. You further acknowledge and agree that Your interaction with any third party accessed through the Platform is at your own risk and Evolve 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 website or resource. Additionally, before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Evolve strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

14.1. If, at Evolve’s request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

14.2. You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

14.3. You hereby grant Evolve and its affiliates a perpetual, non-revocable, worldwide, royalty free and sub-licensable right and license to any information, data, materials or other content (collectively, “Content”) You provide through Your use of the Service or the Platform. Company, affiliates and Platform Partners may use, modify, display, distribute and create new material using such Content to provide the Service to You. Company and service provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the Service. By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and its third-party service provider may use the Content for the purposes set out above.

You acknowledge that ““evolvefin”” is a platform bringing Users together and that the Evolve is not engaged in either grant of loan or borrowing any money or assistance for any financial products from any member using the ““evolvefin”” Platform. Evolve merely operates the Platform to enable such interactions and has no role in the approval or disbursement of credit, which remains at the sole discretion of the lenders/regulated entities on the Platform. You acknowledge that the use of the financial products is entirely based on the negotiations between the Users and third party and neither Evolve nor its affiliates, contractors, employees, officers, directors, agents and their third party associates, licensors and partners have any interest with regard to any financial products assistance procured by or to a registered User. You acknowledge that Evolve will not be responsible for any claim or damage in case of use of the financial products. Evolve in no manner warrants or guarantees the performance of a third party service provider that is providing services through the App/Platform. You acknowledge that Evolve in no manner guarantees that the Users have provided all the information on this App/Platform which is true and correct including Your address, phone numbers etc. You acknowledge that it is Your responsibility to verify the information about the person on the Platform and Evolve is in no manner liable if the information provided on the App/Platform is untrue or incorrect. You acknowledge that Evolve is in no manner responsible for any claim of money or damages in the event one person fails to either grant loan or a person fails to repay the loan or misrepresents his financial status or commits a fraud or cheating or any other such illegal act.

16.1.We may receive a fee and/or commission from certain Platform Partners when you avail any of the Services.

16.2.Evolve reserves the absolute right to charge any fee for registration/ membership, offering certain Services or browsing fee at any time. All such fees that Evolve may charge will be informed to the users by posting them on the Platform, and such changes shall automatically become effective immediately after they are posted on the Platform. All such fees charged by Evolve shall be in Indian Rupees. Your continued use of ““evolvefin”” application shall be deemed as an acceptance of the amended provisions of the Terms and Conditions from time to time.

Your use of this Platform and any Term & Conditions stated in this agreement is subject to laws of India. In case of any disputes arising out of the use of the Platform, courts of New Delhi will have exclusive jurisdiction.

Evolve reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms and Conditions to any third party.

These Terms and Conditions, the Privacy Policy and other referenced material herein or on the Platform, constitutes the entire agreement between You and Evolve with respect to the products/Services offered on the Platform and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Evolve with respect thereto and govern the future relationship. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

20.1. Users have complete authority to file complaint/ share feedback if they are disappointed by Services rendered by Evolve. They can give their complaint/ feedback in writing or by way of an email to the following:Name of the Grievance Redressal Officer: Mr. Ankur Yadav Email: care@evolvebusiness.in

20.2.Evolve’s Grievance Redressal Officer may be contacted between 09:30 to 18:30 from Monday to Friday except on public holidays, through the e - mail address mentioned above. The Grievance Redressal Officer shall endeavour to resolve the grievance within a period of 14 (fourteen) working days from the date of receipt of a grievance.

1.1. The Platform facilitates Digital Lending Services by provision of loan products offered by its lending partners (i.e. non-banking financial companies and banks regulated by the Reserve Bank of India) and marketed on the Platform. In case You wish to avail any loan product, You can do so on the Platform. In the event that You choose to avail any such loan product, Your use of the Digital Lending Services shall be governed by Part A of these Terms & Conditions, read with Part B, to the extent applicable.

1.2. You agree and understand that the Platform is merely a digital lending application that facilitates Digital Lending Services offered by the lending partners listed on the Platform/empanelled with Us, and does not directly (and is not authorised to) provide any such lending products/services to Users. Your relationship with the lending partners on the Platform will be governed by the terms and conditions and privacy policy of such respective lending partners as well as the agreement(s) executed by You for availing such Digital Lending Services.

1.3. Please refer our Privacy Policy for further details on the information and permissions/consents sought by Us and the Lending Partners from You in the course of providing Digital Lending Services.

1.4. LIST OF THE LENDING PARTNERS

1.5. Grievance redressal mechanism with respect to the lending partners:1.5.1. In addition to the grievance redressal mechanism made available by Evolve, the User who has availed any credit facility from a lending partner on the Platform may approach the lending partner to have such grievance resolved. The grievance redressal mechanism of the lending partner is accessible at: https://www.evolvebusiness.in/grivance-redressal.

Every User of the Platform must:

• Use the Platform solely for legitimate business communication purposes on behalf of Evolve.
• Comply with all internal policies, communication guidelines, brand standards, and these Terms when creating, approving, or sending Communications.
• Ensure all Communications sent through the Platform are truthful, accurate, non-misleading, and compliant with Applicable Law.
• Obtain and verify End Customer consent before initiating any Communication that requires consent under Applicable Law.
• Respect End Customer opt-out requests and promptly process them through the Platform's preference management features.
• Not uploading, store, or use End Customer data that Evolve is not legally permitted to process for communication purposes.
• Not attempting to access Platform features, data, or configurations beyond their assigned access level.
• Report any Platform defect, security vulnerability, or non-compliant Communication to the designated Platform Administrator immediately.