Terms and Conditions

  • www.udhaarde.in "UdhaarDe", "We", "Website" or "Our" is an online platform to bring together lenders and borrowers. The website is operated and owned by Dartangnan Private Limited.
  • On this Website, a visitor could browse and search for persons who are willing to lend, persons who are willing to borrow, details of service providers such as verification agencies, collection agents and other such service providers that would provide services to either lenders or to borrowers. For the avoidance of doubt, we shall merely facilitate a transaction of borrowing and lending between two such persons. We neither lend nor borrow through the website. UdhaarDe is neither a financial institution, nor runs a collective investment scheme or a chit fund or any other such financial scheme.
  • As a user ("User", "You" or "Your") of this Website, it is implied that you have read, understood and agreed to abide by following, disclaimer, terms & conditions ("Terms & Conditions"). These Terms & Conditions together with our privacy policy as provided on the Website ("Privacy Policy") govern your usage of the Website. By using the Website, you signify that you have read, understood and are agreeing to these Terms of Use, regardless of whether you are a registered member of our services. If you disagree with any part of these terms and conditions, please do not use the Website. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Eligibility

The User of this Website declares and agrees that the User is a natural / legal person who has attained the age of at least 18 years.

Persons who cannot enter into legally binding contract in accordance with the provisions of the Indian Contract Act, 1872, including person of unsound mind and un-discharged insolvents etc. are not entitled to use the Website. The User should be Indian and should have Indian Citizenship status. The User should also have a valid Savings Bank Account. The User is allowed to utilize the services of the Website in accordance with the Terms and Conditions detailed hereinafter.

If the User violates any of these Terms & Conditions, or otherwise violate an agreement entered into through the medium of the website, UdhaarDe may, delete User's profile and any content or information posted by the User on the website and/or prohibit the User from using or accessing the website at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Acceptance Of Terms and Conditions

As a User of this Website you have agreed to the Terms and Conditions that UdhaarDe has provided hereunder or anywhere else in this Website including but not limited to disclaimers on this Website. You are advised to read and understand the said Terms and Conditions and in case you do not wish to agree to these Terms and Conditions, please refrain from using the website.

  • All borrowers must pay UdhaarDe's service fees immediately after the first transfer of funds from any one of the lenders in the entire loan.
  • All lenders must transfer the funds within 7 days of receipt of the loan agreement and confirmation from UdhaarDe about the receipt of security cheques
  • All borrowers must issue three blank security cheques in favour of each lenders in the loan deal and send the copy either in photo or scan of same to UdhaarDe. The security cheques are to contain the lender’s name and the borrower's signature but the date and amount is to be left blank.
  • All borrowers must pay the EMI on or before the due date or be liable to pay late fees of 2% per month calculated on a daily basis

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in 'dashboard' area of the website after you log-in or by writing to us at contact@udhaarde.in. You undertake not to directly communicate in any manner with the other users of this Website.

All communication between prospective Lenders and Borrowers should be through UdhaarDe on this Website. UdhaarDe reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you. The right to use this Website is personal to the User and is not transferable to any other person or entity. UdhaarDe shall not be responsible for any data lost while transmitting information on the Internet.

Registration

  • The User, must meet the following criteria, to register, as an Lender:
    • if the User is not an individual:
      • valid charter documents;
      • registered office in India;
      • a valid bank account;
      • a valid pan card; and
      • due authorization and capacity to enter into a contract under the Indian Contract Act, 1872;
    • if the User is an individual:
    • Indian resident as per Foreign Exchange Management Act, 1999;
    • above age of 18 (Eighteen) years;
    • valid identity proof;
    • valid bank account;
    • a valid pan card; and
    • capacity to enter into a contract under the Indian Contract Act, 1872.
  • In order to register as a Borrower, the individual has to meet the following criteria:
    • Indian resident as per Foreign Exchange Management Act, 1999;
    • above the age of 18 years;
    • should be employed;
    • has an acceptable income proof;
    • has a valid saving bank account in India;
    • has a valid identity proof and address proof;
    • has a valid PAN card; and
    • capacity to enter into a contract under the Indian Contract Act, 1872 . The Borrower shall be required to furnish such document to UdhaarDeas may be required by UdhaarDefrom time to time.
  • UdhaarDe, in its sole discretion, reserves the right to refuse registration of, or cancel or restrict the usage of the Website/App for any User.
  • For a Lender to open an Account, the Lender shall upload copies of documents required by UdhaarDefor the purpose of opening Lender (“Lender Account”). After opening the Lender Account and obtaining an approval from UdhaarDe, the Lender can then make offers or accept requests.
  • After UdhaarDe verifies the Lender details, UdhaarDe may display the Lender details on the Website/App. The Lender details may include the following details:
    • investment amount;
    • expected rate of returns;
    • tenure of the Loan; and
    • referred location of the Borrowers.
  • The Borrower shall open a borrower account to start availing Loans. The Borrower shall upload such documents as may be required by UdhaarDe for the purpose of opening the borrower account (“Borrower Account”). After opening the Borrower Account, the Borrower shall:
    • be subject to a credit valuation;
    • receive the approval from UdhaarDe after verification;
    • be informed of the Loan amount approved, interest rate applicable; and
    • be allowed to post the listing and/or Loan on the Website/App (“Borrower Listing ”). UdhaarDe will display the Borrower Listing on the Website, where the Lender can make informed offers in response to the Borrower Listing. The Lender is provided with the option of viewing the Borrower’s listing and decide the terms or accept such terms as provided. When a loan is approved the Borrower shall be required to accept the credit rating, rate of interest offered within specified time period, as may be communicated by UdhaarDe. Borrower’s failure to accept such credit rating and rate of interest within specified time period shall lead to the withdrawal of the loan offer.
  • Users are solely responsible for any activity that occurs on their Account and for maintaining the confidentiality of their Account. Users are prohibited from:
    • using another User’s account;
    • impersonate another User;
    • create a log in name for any Account that is offensive, vulgar or obscene or otherwise unlawful. If any of the above-mentioned activities take place, the User shall immediately notify UdhaarDe.

Cancellation By UdhaarDe

We reserve the right, at our sole discretion, to refuse or cancel any request for registrations on the website for any reason. We may also require additional verifications or information before accepting any instruction or registering you on are portal as a Lender or a Borrower. The Borrower(s) and Lender(s) are required to note that negative third-party verification report(s) are crucial factors considered during the funding process. The funding may get rejected at any stage due to lack of information or verifiable information.

Registration Fees

  • A one-time non-refundable fee of ₹ 500 is charged upon your listing on the Website as "Lender" or "Borrower". Currently we are not charging any user a Registration Fee until informed.
  • Credit card information collected for the purpose of payment for using our services will be stored securely using a 256 bit SSL encryption technology or on a cloud.
  • Credit card information will be masked on your account and will not be visible to UdhaarDe Customer Service operators.
  • You agree, understand and confirm that the credit card details provided by you for availing of services on UdhaarDe will be correct and accurate and you shall not use the credit card which is un-lawfully owned by you, thus you must not pay or attempt to pay for services using fraudulent credit card information. You further agree and undertake to provide the correct and valid credit card details to UdhaarDe.
  • Further the said information will not be utilized and shared by UdhaarDe with any third parties unless required for fraud verifications or by law, regulation or court order. UdhaarDe will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours.

Fraudulent /Declined Transactions

UdhaarDe reserves the right to initiate legal proceedings against any persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.

Security Cheques from Borrowers

UdhaarDe will retain scan copy or photographof the security cheques given to the lender which are issued by the borrowers once the loan is executed. The security cheques will be used by lender after consultation with both the borrower and UdhaarDe. UdhaarDe is not responsible for the validity of the cheques and that they will be honoured or not once presented to the bank in case of default or delay in payments.

Interest Rate Format

The interest rate displayed on the platform is in Annualized Percentage Rate (APR) format

Loan approvals and information provided

The information provided in the registration form is property of UdhaarDe and is no guarantee that a loan will be provided to the user. UdhaarDe will not distribute the complete information without prior consent from the user and it will only use the information to assist in the user's endeavour to get a loan. The borrower registration form is only used for initial assessment purposes and UdhaarDe does not provide a guarantee that a loan will be provided even after all the information is provided by the user.

Please note: A fine of ₹ 500 will be levied if you accept the confirmation and later decide not to fund the borrower.

Modification Of Terms & Conditions

UdhaarDe reserves the right, at its sole discretion, to modify or replace these Terms and conditions, or change, suspend, or discontinue the website and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. UdhaarDe may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of any changes to the Terms and conditions constitutes acceptance of those changes.

Monitoring Of the Website and Your Account

UdhaarDe has the right and liberty to monitor the content of the Website at all times which shall include information provided in your account. The monitoring of the Website is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Terms and Conditions mentioned herein UdhaarDe shall also have the liberty to remove any objectionable content which is in contravention of the Terms and Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India. Please go through our – ‘Fair Practices for User’ section page for complete idea and understanding.

License and Site Access

UdhaarDe grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of UdhaarDe. This license does not include any resale or commercial use of this Website or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of UdhaarDe and / or its affiliates, as may be applicable. Any unauthorized use of the Website shall terminate the permission or license granted by UdhaarDe.

Limitation Of Liability

Notwithstanding anything to the contrary contained herein, neither UdhaarDe 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 and Conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless UdhaarDe its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Website.

Applicable Laws

Your use of this Website and any Term and Conditions is subject to laws of India. In case of any disputes arising out of the use of the Website, Courts of Mumbai will have exclusive jurisdiction.

Indemnity

You agree to indemnify, save, and hold UdhaarDe, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the services or of the Website, any violation by you of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein. UdhaarDe reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify UdhaarDe, including rights to settle, and you agree to cooperate with UdhaarDe defence and settlement of these claims. UdhaarDe will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

Disclaimer Of Warranties

Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. UdhaarDe 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 accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. UdhaarDe makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service 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.

  • And 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 UdhaarDe through or from the Service will create any warranty not expressly stated in these Terms and Condition.
  • The lenders registering on this website "Lenders" are advised to astutely assess all apparent risks and expected benefits before investing. www.udhaarde.com is a marketplace that carefully assesses and list borrower (s) profiles for all types of lender (s) with varying risk appetites.
  • www.udhaarde.com highlights all relevant details for every borrower, however, decision of investment solely rests with the Lenders.

Terms and Conditions for UdhaarDe Referral Program

  • Your referral bonus will be 0.2% of funds invested by your friends
  • Offer valid only for existing qualified UdhaarDe lenders who fulfil our minimum investment criteria (i.e. successful disbursement of ₹10,000).
  • Pay-out to be calculated on the cumulative amount invested (i.e. successfully disbursed) by all referred lenders on a monthly basis.
  • Invoicing will be done on a monthly basis, at the end of calendar month. Payment will be made within 5 working days after invoicing.
  • Referral bonus will be credited in the referring Lenders UdhaarDe Wallet. The funds may be invested or withdrawn at the lender’s discretion (subject to minimum investment and withdrawal amount).
  • Pay-out will be calculated on the referred lenders first two months of activity only. After two months from the activation date, investments by the referredlender will not be eligible for any Pay-out
  • Lenders can refer as many lenders as possible.
  • The offer is not transferable, saleable, or valid in conjunction with certain other offers.
  • Affiliates, channel partners, or persons similarly associated with UdhaarDe are not eligible.
  • UdhaarDe at its sole discretion can discontinue or change the terms and conditions without prior notice. UdhaarDe may decline requests to enrol in the offer at its discretion. Other restrictions may apply.

Ownership

Except for the Content submitted by the Users, any material, content or logos, marks, software on or part of the Service and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by UdhaarDe or its licensors. You acknowledge that the Website/App and any underlying technology or software on the Website/App or used in connection with rendering the Services are proprietary information owned or duly licensed to UdhaarDe, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website/App in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website/App.

Authorised representative

Lender may authorise UdhaarDe to perform certain function on behalf of lender e.g. collection, follow-ups, maintenance of accounts, representing lender in court of law etc. to which Borrower agrees.

General

  • If any provision of the Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms and Conditions shall continue to be in full force and effect.
  • All notices and communications from you to UdhaarDein relation to the Website/App (including the termination of any of the services etc.) shall be in writing. You shall be deemed to have been given a notice if sent by an email, SMS or posted within the Website/App. Notice shall be deemed to have been served 48 (forty eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
  • The Terms and Conditions constitute the entire agreement between UdhaarDeand you, and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.
  • Interpretation - In this User Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this User Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this User Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this User Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this User Agreement; and any reference to a time limit in this User Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.
  • Failure by the Website/App to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.
  • Assignability-UdhaarDemay assign any of its responsibilities/obligations to any other Person without notice to you, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms of Use to any other party, unless a written consent is taken from UdhaarDe.
  • All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this User Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity:
      i. as between you and UdhaarDe, you shall be deemed to be the sole owner of all posted information entered into the Website/App or otherwise posted by you; and

      ii. Dartangnan Private Limited is the sole owner of the name and Trademark "UdhaarDe" as well as the Website/App, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to UdhaarDe regarding the Website/App shall, upon submission to UdhaarDe, be owned solely and exclusively by UdhaarDe. In addition, UdhaarDeshall be entitled to post feedback at the Website/App (and/or allows others to do so), both positive and negative, regarding any User. You acknowledge and agree that the applicable supplier(s) of any third-party software included within the Website/App shall own all worldwide rights, title and interest in and to such third-party software (and any intellectual property rights therein).

Force Majeure

UdhaarDe is not liable for failure to perform any of its obligations if such failure is as a result of Force Majeure Situation e.g. Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

Governing Law & Jurisdiction

Terms and Conditions shall be governed by and constructed in accordance with the laws of India and the courts in Mumbai shall have exclusive jurisdiction. In case of any dispute with you, UdhaarDehas the option to approach the courts.

Dispute Resolution

If any dispute arises between you and UdhaarDeduring your use of UdhaarDeServices or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be nominated by UdhaarDe. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996 (or any statutory modification or replacement thereof), shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.You are solely responsible for your interactions with any User (even to the extent prohibited hereby) or any Borrower and any disputes that may result from such interactions. UdhaarDereserves the right, but has no obligation, to monitor disputes between you and such persons.

Consent

You hereby confirm and record that the content of this Terms and Conditions have been read out and explained to your satisfaction. You agree to abide by the same at all times.

FEES AND CHARGES

  • Fees and charges for personal loans can be inquired by contacting PhoneBanking / any of our branches.
  • For applicable personal loan processing fee and full / partial prepayment fee, please refer to Schedule I Loan agreement.
  • Please note that basis Goods and Services Tax (GST) regulations and notified GST rates, Central GST, State/Union Territory GST, Cess or Inter-State GST, as applicable, would apply on our fees and charges

KEY THINGS YOU SHOULD KNOW

  • Selected Borrowers by Lenders both being users of our platform will mutually agree upon the loan amount that can be availed.
  • Internal credit is based on policy.
  • Personal loan is given at an interest rate that is fixed during the term of the loan. Terms on which the loan is The proposal states the loan agreement
  • You can prepay personal loans according to the terms detailed in Schedule I of your personal loan agreement, a. Written instructions to bank
  • You have to pay your EMI on the due date. Non-payment of EMI will affect, but will not be limited to:
      – Your credit rating (reporting to credit information companies (CICs))
      – This will affect other credit facilities received
      – The bank can initiate recovery action to recover the arrears
  • bank does not provide any type of loan facilities to resident individuals to facilitate remittances under liberalization. Remittance Scheme (LRS). So the loan amount disbursed is to be used to facilitate remittances under LRS Forbidden.