Legal ยท Terms of Use ยท Governing Agreement

Terms & Conditions

Please read these Terms and Conditions carefully before using this website or availing any services of DIKSHI LEAFIN PORTFOLIO Pvt. Ltd. By accessing or using this platform, you confirm that you have read, understood, and agreed to be legally bound by these Terms.

Clause 01

Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and DIKSHI LEAFIN PORTFOLIO Pvt. Ltd. (hereinafter referred to as "the Company," "we," "us," or "our"), a company incorporated under the Companies Act, 1956 / 2013, having its registered office at DIKSHI LEAFIN, 208, Allied House, Old Rohtak Road, Inderlok, New Delhi-110035, India, bearing CIN: U65910DL1996PTC077469.

Clause 02

Acceptance of Terms

2.1 By accessing, browsing, registering on, or submitting any information through the Platform, you unconditionally accept and agree to be bound by these Terms, as amended from time to time.

2.2 If you do not agree to any part of these Terms, you must immediately discontinue use of the Platform and refrain from submitting any application or personal information.

2.3 Your continued use of the Platform following any modification of these Terms shall be deemed your acceptance of the amended Terms.

2.4 These Terms apply to all users of the Platform, including visitors, registered users, loan applicants, and any individual or entity accessing the Platform in any capacity.

Accessing this Platform constitutes your electronic acceptance of these Terms under the provisions of the Information Technology Act, 2000 and the Indian Contract Act, 1872.
Clause 03

Definitions

Unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

TermsMeaning
"Company"DIKSHI LEAFIN PORTFOLIO Pvt. Ltd., CIN: U65910DL1996PTC077469, and its successors and assigns.
"Platform"The Company's website (dikshifinsure.com), mobile application, APIs, and all digital tools and channels operated by the Company.
"User"Any individual, sole proprietor, partnership firm, limited liability partnership, private or public limited company, or any other entity accessing or using the Platform.
"Services"All financial facilitation, loan advisory, loan application assistance, documentation support, and intermediary services provided by the Company as described in these Terms.
"Lending Partner"Any bank, non-banking financial company (NBFC), housing finance company (HFC), or other RBI-regulated financial institution with whom the Company has a sourcing, referral, or business correspondent arrangement.
"Loan Application"Any request, enquiry, form submission, or digital application submitted by a User through the Platform seeking facilitation of a loan product.
"Personal Information"Data relating to an identified or identifiable individual, including sensitive personal data or information (SPDI), as defined under applicable Indian data protection laws.
"KYC"Know Your Customer documentation and verification processes mandated by the RBI and other applicable regulatory authorities.
"Applicable Laws"All statutes, regulations, guidelines, directions, circulars, and orders applicable in India including those issued by the Reserve Bank of India, SEBI, IRDAI, Ministry of Finance, and any other competent authority.
"Content"All text, graphics, logos, images, audio, video, data, software, tools, and other material available on the Platform.
Clause 04

Eligibility

4.1 The Platform and its Services are available only to persons who are competent to contract under the Indian Contract Act, 1872, i.e., who are of legal age (18 years or above), of sound mind, and not disqualified from contracting under any applicable law.

4.2 If you are accessing the Platform on behalf of a business entity, you represent that you have the authority to bind such entity to these Terms and that the entity meets all eligibility requirements.

4.3 The Company reserves the right to verify User eligibility at any stage and to deny, suspend, or terminate access where eligibility criteria are not satisfied.

4.4 The Platform is intended for use within the territory of India. Users accessing the Platform from outside India do so at their own risk and responsibility, and the Company makes no representation that the Platform or its Services comply with laws of any jurisdiction other than India.

Clause 05

Scope of Services

5.1 The Company, through its Platform, provides the following financial facilitation services:

(a) Facilitation and assistance in applications for business loans, bridge loans, acquisition funding, mezzanine debt financing, corporate loans, working capital finance, and asset liability restructuring;

(b) Loan advisory and consultation services to help Users identify appropriate financial products;

(c) Financial product comparison and information dissemination;

(d) Assistance in preparation and submission of loan applications to Lending Partners;

(e) Collection and onward transmission of KYC documents and financial information to Lending Partners;

(f) Liaison and coordination between Users and Lending Partners during the application and verification process;

(g) General customer support related to the loan facilitation process.

5.2 The scope of Services may be modified, expanded, or reduced by the Company at its sole discretion, with or without prior notice to Users.

The Company is a financial intermediary and service facilitator only. No Service described herein constitutes direct lending, underwriting, insurance, investment management, or any other regulated financial activity requiring a separate licence, unless expressly stated.
Clause 06

Nature of Financial Facilitation Services

6.1 The Company operates solely as a financial facilitator, loan marketplace, sourcing partner, and intermediary. It connects Users with Lending Partners and other regulated financial institutions.

6.2 The Company acts as a bridge between Users seeking business financing and regulated institutions capable of providing such financing. The Company does not evaluate creditworthiness as a lender, does not issue loan sanction letters, and does not disburse funds.

6.3 The Company's role is limited to:

(a) Understanding the User's financing requirement;

(b) Identifying potentially suitable Lending Partners from its network;

(c) Facilitating the submission of loan applications and documentation;

(d) Providing advisory support during the application process.

6.4 All actual credit decisions, including approval, sanction, interest rate determination, loan amount, tenure, security requirements, covenants, and disbursement, rest exclusively with the respective Lending Partner and are made pursuant to that institution's own policies, risk assessment, and regulatory obligations.

Clause 07

No Lending Relationship

7.1 The Company does not lend, advance, or deploy any funds to Users. Nothing in these Terms, on the Platform, or in any communication from the Company shall be construed as creating a lender-borrower relationship between the Company and the User.

7.2 Submission of any enquiry, application, or document through the Platform does not constitute any offer to lend, commitment to lend, or contractual obligation of any nature on the part of the Company.

7.3 Any loan agreement, loan facility agreement, or financing arrangement entered into shall be strictly between the User and the relevant Lending Partner, governed by the terms set out in that institution's documents, and the Company shall not be a party thereto.

The Company has no liability for any loan disbursed, sanctioned, modified, or rejected by a Lending Partner. Users must independently review and satisfy themselves regarding all terms of any financial product before acceptance.
Clause 08

No Financial, Tax, Legal or Investment Advice

8.1 All content, information, tools, calculators, comparisons, and communications available on the Platform are provided purely for general informational and educational purposes and do not constitute financial, investment, tax, legal, or any other professional advice.

8.2 The Company does not hold itself out as a registered investment adviser, portfolio manager, insurance adviser, or any other regulated advisory capacity, and no information on the Platform should be relied upon as such.

8.3 Users are strongly advised to independently consult qualified financial, legal, and tax advisers before making any financial decisions, including decisions to avail any loan or financial product.

8.4 The Company shall not be responsible for any financial loss, loss of opportunity, or any other loss or damage arising from a User's reliance on any information, content, or communication provided through the Platform.

Clause 09

Loan Approval Disclaimer

9.1 The Company does not, under any circumstances, guarantee, represent, or warrant:

(a) Approval of any loan application submitted through the Platform;

(b) Any specific loan amount, interest rate, processing fee, repayment tenure, or security requirement;

(c) The timeline within which any application will be processed, sanctioned, or disbursed;

(d) That a User will be matched with any particular Lending Partner;

(3) That the terms offered by a Lending Partner will be favourable or competitive.

9.2 All loan approvals, sanctions, and related decisions are made at the sole and absolute discretion of the Lending Partner, based on that institution's internal policies, credit assessment, and applicable regulatory requirements.

9.3 The Company is not responsible for the rejection of any loan application by a Lending Partner, and no liability of any nature shall accrue to the Company in this regard.

9.4 Pre-qualification, eligibility assessment, or any indicative terms communicated by the Company or its representatives are estimations only and do not constitute binding offers or commitments.

Clause 10

User Registration

10.1 Certain features of the Platform may require Users to register or create an account. By registering, you agree to provide accurate, current, and complete information and to update such information promptly whenever it changes.

10.2 Users are solely responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.

10.3 You must immediately notify the Company of any unauthorised use of your account or any other security breach at info@dikshifinsure.com.

10.4 The Company reserves the right to suspend or terminate any account where it has reason to believe that the registration information is inaccurate, false, or provided in breach of these Terms.

10.5 You must not register on behalf of another person without their explicit, informed consent.

Clause 11

Information Submitted by Users

11.1 By submitting any information, document, or data through the Platform, you grant the Company a non-exclusive, royalty-free right to process, use, and share such information for the purpose of providing the Services, including transmitting it to Lending
Partners and authorised verification agencies.

11.2 You represent and warrant that all information submitted by you is true, accurate, complete, and not misleading, and that you have all necessary rights and authorisations to submit such information.

11.3 You acknowledge that the Company may retain information submitted by you for such period as required by applicable laws and regulations, including for audit, compliance, and regulatory reporting purposes.

11.4 Submission of false, forged, or misleading information may result in rejection of your application, immediate termination of access, and may expose you to civil and criminal liability under applicable Indian laws, including but not limited to the Indian Penal Code, 1860, and the Information Technology Act, 2000.

Clause 12

Customer Representations and Warranties

12.1 By using the Platform and submitting any application or enquiry, each User represents, warrants, and undertakes to the Company that:

(a) All information provided is truthful, accurate, complete, and up to date;

(b) You are not submitting any fraudulent, forged, or misrepresented documents or data;

(c) You are legally authorised to apply for the loan product you are enquiring about on behalf of yourself or the entity you represent;

(d) Your use of the Platform does not violate any applicable law, regulation, court order, or contractual obligation binding upon you

(e) You are not subject to any pending insolvency proceedings, regulatory ban, or disqualification that would make you ineligible for any financial product;

(f) You will promptly notify the Company of any material change in your financial position, business status, or any information previously submitted;

(g) You shall not engage in any conduct that may harm the reputation, operations, or legal standing of the Company or its Lending Partners.

Clause 13

KYC & Identity Verification

13.1 The Company is required to carry out Know Your Customer ("KYC") verification in accordance with applicable regulatory guidelines and the requirements of its Lending Partners.

13.2 By using the Platform, you consent to the Company collecting, verifying, and transmitting your KYC documents and information, including but not limited to:

(a) Permanent Account Number (PAN) and income tax records;

(b) You are not submitting any fraudulent, forged, or misrepresented documents or data;

(c) Passport, Voter ID, or Driving Licence;

(d) Business registration documents, GST certificates, financial statements, and audit reports;

(e) Bank statements and proof of address;

(f) Any other document required by the Lending Partner or applicable regulations.

13.3 You acknowledge that KYC verification is a mandatory regulatory requirement and that failure to provide complete, authentic KYC documentation will result in the inability to facilitate your loan application.

13.4 Submission of fraudulent KYC documents constitutes a criminal offence and will be reported to the appropriate law enforcement authorities.

Aadhaar-based verification will only be conducted where expressly consented to by the User and where the Company is legally authorised to use such data under applicable UIDAI regulations.
Clause 14

Credit Bureau Verification Consent

14.1 By submitting a loan enquiry or application through the Platform, you expressly and irrevocably authorise the Company and its Lending Partners to:

(a) Access your credit information from one or more credit information companies licensed under the Credit Information Companies (Regulation) Act, 2005, including but not limited to CIBIL, Experian, Equifax, and CRIF High Mark;

(b) Verify your credit history, repayment track record, and credit score;

(c) Submit your credit information or application details to such credit bureaus as may be required by applicable regulations or Lending Partner policies.

14.2 You acknowledge that accessing your credit bureau information is a standard industry practice required for credit risk assessment, and that such access does not create any obligation on the Company or any Lending Partner to approve your application.

14.3 You consent to such enquiries being logged in your credit file as a "soft pull" or "hard pull" as applicable, depending on the stage of processing.

Clause 15

Consent to Verify Information

15.1 By using the Platform, you explicitly consent to the Company verifying and authenticating any information, document, or data submitted by you through any or all of the following authorised channels and agencies:

(a) Banks, NBFCs, Housing Finance Companies, and other regulated Lending Partners in the Company's network;

(b) Central KYC Records Registry (CKYCR / CKYC);

(c) Account Aggregator framework authorised by the RBI;

(d) Unique Identification Authority of India (UIDAI), where legally permitted and where Aadhaar-based verification is applicable;

(e) Credit information companies (credit bureaus) as described in Clause 14;

(f) Government authorities and registries, including the Ministry of Corporate Affairs (MCA), Income Tax Department, GST Network (GSTN), and Registrar of Companies;

(g) Any other agency, authority, or entity that the Company may engage for the purpose of identity, document, or background verification in accordance with applicable law.

15.2 This consent is granted for the duration of the Services and for such period thereafter as may be required by applicable law or Lending Partner requirements.

Clause 16

Consent for Calls, SMS, WhatsApp, Email, and Promotional Communication

16.1 By registering on the Platform or submitting any enquiry or application, you expressly consent to the Company and its authorised representatives contacting you through the following communication channels, even if your number is registered under the National Do Not Call (DND) Registry:

(a) Telephone calls (mobile and landline);

(b) SMS and text messages;

(c) WhatsApp and other instant messaging platforms;

(d) Electronic mail (email);

(e) Push notifications through the mobile application (if applicable).

16.2 Such communications may be made for purposes including, but not limited to, application status updates, document collection reminders, promotional offers for financial products, service announcements, and customer relationship management.

16.3 You may withdraw your consent to promotional communications at any time by writing to info@dikshifinsure.com. However, withdrawal of consent to transactional communications may limit the Company's ability to service your loan application.

16.4 This consent is provided in accordance with the Telecom Commercial Communications Customer Preference Regulations, 2018, and overrides any prior DND registration.

Clause 17

Electronic Records and Digital Signatures

17.1 These Terms and any agreement or communication exchanged electronically between you and the Company shall constitute valid electronic records under the Information Technology Act, 2000.

17.2 Clicking "I Agree," "Submit," or any similar affirmation button on the Platform shall constitute your digital acceptance of these Terms and shall be as legally binding as a physical signature.

17.3 The Company may use or accept electronic signatures or OTP-based authentication in accordance with applicable Indian law, and such signatures shall be deemed legally valid and enforceable.

17.4 Electronic records maintained by the Company shall serve as evidence in any dispute resolution proceeding, arbitration, or court proceeding to the fullest extent permitted by law.

Clause 18

Use of Website

18.1 The Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of availing the Services in accordance with these Terms.

18.2 You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit any other User's use and enjoyment of the Platform.

18.3 You shall not attempt to gain unauthorised access to any part of the Platform, any server hosting the Platform, or any data, systems, or networks connected to the Platform.

18.4 The Company reserves the right to monitor your use of the Platform to ensure compliance with these Terms, applicable laws, and to detect and prevent fraud, misuse, or security breaches.

Clause 19

Prohibited Activities

19.1 The following activities are strictly prohibited on or in connection with the Platform:

(a) Submitting false, fraudulent, fabricated, or misleading information, documents, or financial data;

(b) Impersonating any person, business, or entity or misrepresenting your identity, authority, or affiliation;

(c) Engaging in unauthorised scraping, crawling, harvesting, or automated extraction of data from the Platform;

(d) Using bots, spiders, automated scripts, or similar tools to access or interact with the Platform;

(e) Reverse engineering, decompiling, disassembling, or attempting to derive the source code of any software or technology used on the Platform;

(f) Introducing viruses, malware, trojans, ransomware, worms, or any other malicious code or software into the Platform;

(g) Conducting denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Platform;

(h) Attempting to circumvent, disable, or interfere with any security, authentication, or access control mechanisms on the Platform;

(i) Accessing the Platform for the purpose of competitive intelligence, benchmarking, or building a competing service;

(j) Using the Platform to transmit unsolicited commercial communications or spam

(k) Engaging in money laundering, terrorist financing, or any other unlawful financial activity;

(l) Violating any applicable law, regulation, or the rights of any third party.

Violation of this Clause may result in immediate termination of access, civil claims for damages, and referral to law enforcement and regulatory authorities including RBI, CERT-In, and the Cyber Crime Division.
Clause 20

Intellectual Property Rights

20.1 All content on the Platform, including but not limited to text, articles, graphics, logos, icons, images, audio and video clips, data compilations, software, financial tools, calculators, and the overall design and layout of the Platform, are the exclusive intellectual property of the Company or its content licensors.

20.2 All trademarks, trade names, service marks, logos, and branding elements displayed on the Platform, including "DIKSHI LEAFIN," are the proprietary property of the Company and are protected under applicable Indian and international intellectual property laws.

20.3 You are granted a limited, personal, non-exclusive, non-sub-licensable, non-transferable licence to access and view Platform content solely for your personal use in connection with the Services. No other rights are granted.

20.4 You may not reproduce, duplicate, copy, sell, resell, modify, create derivative works from, distribute, publicly display, transmit, or commercially exploit any content from the Platform without the prior written consent of the Company.

20.5 Any unauthorised use of the Company's intellectual property will constitute an infringement and entitle the Company to seek injunctive relief and damages under applicable intellectual property and civil laws.

Clause 21

Third-Party Services

21.1 The Platform may integrate with, display, or rely upon services, tools, APIs, data feeds, payment gateways, or other functionalities provided by third-party service providers, including Lending Partners, credit bureaus, verification agencies, and technology providers.

21.2 The Company does not endorse, represent, or warrant the accuracy, reliability, legality, or completeness of any third-party service. The Company's inclusion of or linking to any third-party service does not imply approval or affiliation.

21.3 The Company shall not be liable for any loss or damage of any kind arising from your use of, reliance upon, or interaction with any third-party service, including any act or omission of any Lending Partner, credit bureau, payment processor, or technology vendor.

21.4 Where a third-party service provider's terms and conditions apply, you agree to comply with such terms in addition to these Terms.

Clause 22

Third-Party Websites

22.1 The Platform may contain hyperlinks to external websites operated by third parties, including Lending Partners' portals, regulatory authority websites, and general financial information resources.

22.2 The Company does not control the content, privacy practices, or policies of any external website and is not responsible for their availability, accuracy, or reliability.

22.3 Accessing any external website through a link on the Platform is entirely at your own risk. The Company recommends that you read the privacy policy and terms of use of any external website you visit.

22.4 The existence of a link to an external website does not constitute any endorsement, recommendation, or business relationship with the operator of that website.

Clause 23

Accuracy of Loan Information

23.1 While the Company makes reasonable efforts to ensure the accuracy of financial product information, loan eligibility criteria, and indicative terms displayed on the Platform, such information is:

(a) Provided for general guidance only and is subject to change by the respective Lending Partner without prior notice;

(b) Not binding on any Lending Partner and does not constitute a loan offer or commitment;

(c) Based on information available at the time of publication and may become outdated.

23.2 The Company does not warrant the accuracy, currency, completeness, or fitness for purpose of any financial product information on the Platform and expressly disclaims any liability for errors or omissions in such information.

23.3 Users must obtain confirmed and updated terms directly from the relevant Lending Partner before making any financial decision.

Clause 24

Interest Rates, Fees and Charges Disclaimer

24.1 Any interest rates, EMI calculations, processing fees, prepayment charges, or other financial parameters displayed on the Platform are indicative only and sourced from publicly available information or Lending Partner communications at the relevant time.

24.2 Actual rates and charges applicable to your loan will be determined solely by the Lending Partner and will be communicated to you in the formal loan offer/sanction letter issued by that institution.

24.3 The Company does not negotiate, set, influence, or guarantee any interest rate or charge on behalf of any Lending Partner, and is not responsible for any discrepancy between indicative and actual rates.

24.4 Interest rates and charges are subject to change in accordance with monetary policy, market conditions, and the internal policies of the Lending Partner, without notice to the Company or the User.

Clause 25

Processing Fees Disclaimer

25.1 Any processing fees, documentation charges, legal fees, valuation charges, or other upfront costs associated with a loan are levied by the Lending Partner, not by the Company, unless explicitly stated otherwise in a written communication from the Company.

25.2 The Company does not collect any upfront fees from Users for facilitating loan enquiries or submitting applications on their behalf, except where expressly agreed in a separate written service agreement.

25.3 Users are advised to clarify the complete fee structure with the Lending Partner before accepting any loan offer. The Company shall not be liable for any fees charged by Lending Partners.

Clause 26

Customer Responsibilities

26.1 Users shall be solely responsible for:

(a) Ensuring the accuracy and authenticity of all information and documents submitted;

(b) Understanding the terms, conditions, interest rates, fees, and obligations under any loan facility before acceptance;

(c) Timely repayment of any loan disbursed by a Lending Partner, in strict accordance with the relevant loan agreement;

(d) Maintaining adequate insurance, where required by the Lending Partner, for any assets pledged as security;

(e) Complying with all conditions, covenants, and reporting obligations under any loan facility agreement;

(f) Immediately notifying the Company and the Lending Partner of any material adverse change in their financial condition or business operations.

26.2 The Company shall not be liable for any consequences arising from a User's failure to fulfil the responsibilities described in this Clause.

Clause 27

Privacy and Personal Data

27.1 The Company is committed to protecting the privacy and personal data of its Users in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Digital Personal Data Protection Act, 2023 (to the extent in force), and other applicable data protection laws.

27.2 The collection, processing, storage, retention, transfer, and deletion of personal data is governed by the Company's Privacy Policy, which is available on the Platform and forms an integral part of these Terms.

27.3 By using the Platform, you expressly consent to the collection, processing, and use of your personal data as described in the Privacy Policy and as required for the provision of the Services.

27.4 You have the right to access, correct, or request deletion of your personal data, subject to the Company's legal retention obligations and the limitations set out in the Privacy Policy.

Clause 28

Cookies

28.1 The Platform uses cookies and similar tracking technologies to enhance user experience, analyse website traffic, and improve the functionality of the Platform.

28.2 By using the Platform, you consent to the use of cookies in accordance with the Company's Cookie Policy, which is set out in the Privacy Policy.

28.3 You may manage or disable cookies through your browser settings. However, disabling certain cookies may affect the functionality of the Platform or your ability to access certain features.

28.4 The Company does not use cookies for the purpose of delivering third-party advertising or for selling your data to advertisers.

Clause 29

Confidentiality

29.1 Both parties acknowledge that in the course of the Services, each may have access to confidential information of the other, including business information, financial data, trade secrets, and proprietary information ("Confidential Information").

29.2 The Company shall maintain the confidentiality of User information and shall not disclose it to any third party except: (a) as required to provide the Services; (b) with the User's consent; (c) as required by applicable law, court order, or regulatory authority; or (d) to the Company's professional advisers bound by professional confidentiality obligations.

29.3 Users shall maintain the confidentiality of any proprietary methodologies, processes, or information shared by the Company and shall not disclose or use such information for any purpose other than availing the Services.

Clause 30

Cyber Security Disclaimer

30.1 While the Company implements industry-standard technical and organisational security measures to protect the Platform and User data, no digital system can be guaranteed to be entirely free from security vulnerabilities.

30.2 The Company shall not be held liable for any unauthorised access to, breach of, or compromise of User data arising from:

(a) Sophisticated cyberattacks, hacking, phishing, or social engineering attacks beyond the Company's reasonable control;

(b) Vulnerabilities in third-party systems, networks, or infrastructure not operated by the Company;

(c) The User's failure to maintain adequate security practices on their own devices or networks;

(d) Force majeure events impacting digital infrastructure.

30.3 Users are advised to use secure, updated browsers and devices, avoid using public Wi-Fi networks for financial transactions, and not share their login credentials or OTPs with any person.

30.4 Any suspected security incident or data breach should be reported immediately to the Company at info@dikshifinsure.com.

Clause 31

Limitation of Liability

31.1 To the fullest extent permitted by applicable Indian law, the Company's aggregate liability to any User in connection with any claim arising from or related to these Terms, the Platform, or the Services shall not exceed the amount, if any, actually paid by such User to the Company for the specific service giving rise to the claim.

31.2 In no event shall the Company be liable for any:

(a) Indirect, incidental, special, consequential, or punitive damages;

(b) Loss of profit, revenue, business, goodwill, opportunity, data, or anticipated savings;

(c) Damages arising from loan rejection, adverse lending terms, or any decision of a Lending Partner;

(d) Damages resulting from reliance on any information, content, or tool on the Platform;

(e) Damages arising from website downtime, technical failures, cyberattacks, or data transmission errors;

(f) Damages caused by a third-party service provider, payment gateway, or technology vendor.

31.3 This limitation applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.

Clause 32

Indemnification

32.1 You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, representatives, successors, and assigns from and against any and all claims, actions, proceedings, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:

(a) Your breach of any representation, warranty, or obligation under these Terms;

(b) Your breach of any representation, warranty, or obligation under these Terms;

(c) Your violation of any applicable law, regulation, or third-party rights;

(d) Your unauthorised use of the Platform or any intellectual property of the Company;

(e) Any default, fraud, or misconduct by you in connection with any loan facility obtained through the Platform;

(f) Any claim by a third party arising from your acts or omissions in connection with the Services.

Clause 33

Disclaimer of Warranties

33.1 The Platform and all Services are provided on an "as is" and "as available" basis, without any warranty, representation, or condition of any kind, whether express, implied, or statutory.

33.2 The Company expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and the uninterrupted or error-free operation of the Platform.

33.3 The Company does not warrant that the Platform will meet your requirements or expectations, that it will operate without interruption or error, or that any defect will be corrected.

33.4 Nothing in these Terms shall exclude any warranty or liability that cannot be lawfully excluded under applicable Indian law.

Clause 34

Service Availability

34.1 The Company endeavours to maintain the Platform in an operational state, but does not guarantee continuous, uninterrupted, or error-free availability of the Platform or any of its features.

34.2 The Platform may be temporarily unavailable due to scheduled or unscheduled maintenance, system upgrades, technical issues, or circumstances beyond the Company's control.

34.3 The Company shall not be liable for any loss, inconvenience, or damage arising from the unavailability, downtime, or reduced functionality of the Platform.

Clause 35

Technical Errors

35.1 The Company shall not be responsible for any technical errors, glitches, data transmission failures, incomplete submissions, duplicate submissions, or any other technical malfunction occurring during the submission of any application or form on the Platform.

35.2 In the event of a technical error resulting in the duplication or incorrect recording of any transaction or submission, the User must promptly notify the Company at info@dikshifinsure.com for resolution.

35.3 The Company's records shall be the definitive record of all transactions and submissions in the absence of manifest error, subject to applicable law.

Clause 36

Force Majeure

36.1 The Company shall not be liable for any delay, failure, or inability to perform any obligation under these Terms where such delay or failure arises directly or indirectly from events beyond the Company's reasonable control, including but not limited to:

(a) Acts of God, natural disasters, floods, earthquakes, pandemics, or epidemics;

(b) War, civil unrest, riots, acts of terrorism, or government-imposed restrictions;

(c) National or regional strikes, labour disputes, or lockouts;

(d) Failures in telecommunications, internet, or electrical infrastructure;

(e) Actions or inactions of government authorities, regulatory bodies, or courts;

(f) Cyberattacks, hacking incidents, or other malicious acts by third parties beyond the Company's control.

36.2 In the event of a force majeure occurrence, the Company will use reasonable endeavours to notify Users and resume normal operations as soon as reasonably practicable.

Clause 37

Suspension of Access

37.1 The Company reserves the right to suspend or restrict a User's access to the Platform, with or without prior notice, in the following circumstances:

(a) Breach or suspected breach of any provision of these Terms;

(b) Submission of false, fraudulent, or misleading information;

(c) Conduct that causes or is likely to cause harm to the Platform, the Company, other Users, or third parties;

(d) Non-compliance with applicable laws or regulatory requirements;

(e) Where required by a court, regulatory authority, or law enforcement agency;

(f) For security, maintenance, or compliance-related reasons at the Company's discretion.

37.2 Suspension of access does not waive the Company's rights to seek damages or other remedies arising from the User's breach.

Clause 38

Termination

38.1 The Company may terminate your access to the Platform and any ongoing Services with immediate effect, without prior notice and without liability, in the event of:

(a) A material breach of these Terms that is incapable of remedy or remains unremedied for seven (7) days after written notice;

(b) Fraudulent conduct, criminal activity, or violation of applicable law;

(c) A court order, regulatory direction, or law enforcement instruction requiring termination.

38.2 A User may terminate their use of the Platform at any time by discontinuing access. Termination does not affect any rights or obligations that accrued prior to termination.

38.3 Clauses relating to intellectual property, limitation of liability, indemnification, confidentiality, governing law, and arbitration shall survive termination of these Terms.

Clause 39

Governing Law

39.1 These Terms, and any dispute, controversy, claim, or matter arising out of or in connection with these Terms, including any question regarding their existence, validity, breach, performance, interpretation, or termination, shall be governed by and construed exclusively in accordance with the laws of the Republic of India.

39.2 No rule of conflict of laws shall require or permit the application of the law of any other jurisdiction.

Clause 40

Jurisdiction

40.1 Subject to the arbitration clause in Clause 41, the courts of competent jurisdiction located at New Delhi, India shall have exclusive jurisdiction to adjudicate any dispute arising from or in connection with these Terms that is not resolved through arbitration.

40.2 By using the Platform, you irrevocably submit to the personal jurisdiction of the courts at New Delhi for the purposes of any such proceedings.

Clause 41

Arbitration

41.1 Any dispute, controversy, or claim arising out of or relating to these Terms, including any question regarding their breach, termination, or validity, shall first be sought to be resolved amicably through good-faith negotiation between the parties. Either party may initiate the negotiation process by giving written notice to the other party.

41.2 If the dispute is not resolved within thirty (30) days of the notice referred to in Clause 41.1, or such longer period as the parties may agree, it shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

41.3 The arbitration proceedings shall be:

(a) Conducted by a sole arbitrator mutually appointed by the parties, or, if the parties cannot agree within fifteen (15) days, appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996;

(b) Held at New Delhi, India, which shall be the seat and venue of arbitration;

(c) Conducted in the English language;

(d) Governed by Indian substantive law.

41.4 The arbitral award shall be final, binding, and enforceable against both parties, and may be entered as a judgment in any court of competent jurisdiction.

41.5 Nothing in this Clause shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

Clause 42

Severability

42.1 If any provision of these Terms is found to be unlawful, invalid, void, or unenforceable by any court or competent authority of competent jurisdiction, such provision shall be deemed severed from these Terms to the extent of its invalidity.

42.2 The remaining provisions of these Terms shall continue in full force and effect and shall be construed as if the invalid provision had not been included, to the maximum extent permitted by law.

Clause 43

Waiver

43.1 No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof.

43.2 No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

43.3 No waiver shall be effective unless made in writing and signed by an authorised representative of the Company.

Clause 44

Changes to Terms

44.1 The Company reserves the right to modify, update, or revise these Terms at any time, at its sole discretion, to reflect changes in its services, business practices, applicable law, or regulatory requirements.

44.2 All changes shall take effect upon publication on the Platform. The "Last Updated" date at the top of this page will reflect the date of the most recent revision.

44.3 Where changes are material, the Company will endeavour to provide reasonable prior notice, which may be through a prominent notice on the Platform, email communication, or other appropriate means.

44.4 Your continued use of the Platform after the effective date of any revised Terms shall constitute your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

Clause 45

Contact Details

For any queries, complaints, or communications relating to these Terms, the Platform, or the Services, please contact the Company at:

๐Ÿ“ฌ DIKSHI LEAFIN PORTFOLIO Pvt. Ltd. โ€” Legal & Compliance Contact

Company

DIKSHI LEAFIN PORTFOLIO Pvt. Ltd. | CIN: U65910DL1996PTC077469

Registered Office

DIKSHI LEAFIN, 208, Allied House, Old Rohtak Road, Inderlok, New Delhi-110035, India

Email

info@dikshifinsure.com

Phone

+91 9891952478

Website

www.dikshifinsure.com

โš–๏ธ Legal Review Checklist

๐Ÿ”ด For Internal Counsel / Authorised Legal Adviser โ€” Not for Publication

The following items require verification and sign-off by the Company's legal counsel or a qualified practising advocate before this document is published on the Platform. This checklist does not constitute legal advice.

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Regulatory Status Confirmation: Confirm whether the Company is required to register as an NBFC, Business Correspondent, Direct Selling Agent (DSA), or any other category under RBI regulations. Update Clause 1 and the Notice Banner accordingly with accurate regulatory disclosures.

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RBI Digital Lending Guidelines Compliance: Verify full compliance with the RBI's Digital Lending Guidelines (2022) including disclosure requirements, grievance redressal mechanisms, Key Fact Statement (KFS) obligations, and prohibition of upfront fee collection by LSPs. Update Clauses 5, 6, 7, 25 as required.

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Aadhaar / UIDAI Verification Authority: Clause 13 and 15 reference Aadhaar-based verification. Confirm that the Company is authorised to conduct Aadhaar-based KYC under applicable UIDAI regulations and Aadhaar Act, 2016. If not authorised, this clause must be amended to remove Aadhaar references.

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Digital Personal Data Protection Act, 2023: Review Clauses 27, 28, and 29 against the notified provisions of the DPDPA, 2023 when fully in force. Ensure that consent mechanisms, Data Fiduciary obligations, data localisation requirements, and User rights are fully compliant.

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Credit Bureau Access Consent (Clause 14): Verify that the Credit Information Companies (Regulation) Act, 2005 consent requirements are met, including whether a specific written consent form separate from these Terms is required by any credit bureau or Lending Partner agreement.

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Lender Partnership Agreements: Review all executed DSA / referral / sourcing agreements with Lending Partners to ensure that the Company's obligations and representations in these Terms are consistent with those agreements. Check for any confidentiality, exclusivity, or disclosure restrictions.

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Communication Consent & DND Override (Clause 16): Verify applicability of the DND consent override under TRAI's Telecom Commercial Communications Customer Preference Regulations, 2018, and confirm that the consent mechanism on the Platform meets the regulatory standard for a valid override.

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Arbitration Clause (Clause 41): Confirm that the arbitration mechanism, including sole arbitrator appointment, seat, venue, and language, is acceptable under any applicable Lending Partner agreements and is enforceable under the Arbitration and Conciliation Act, 1996 as amended. Assess applicability of consumer dispute resolution mechanisms under the Consumer Protection Act, 2019 for B2C engagements.

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Consumer Protection Act, 2019 โ€” Unfair Contract Terms: Review limitation of liability (Clause 31), disclaimer of warranties (Clause 33), and indemnification (Clause 32) clauses to ensure they do not constitute "unfair contract terms" under Section 47 of the Consumer Protection Act, 2019, particularly for individual borrower engagements.

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GSTIN and Tax Compliance: Insert the Company's correct GSTIN in Clause 1. Verify GST applicability on services provided by the Company to its Users and Lending Partners, and ensure appropriate invoicing practices are in place.

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IRDAI Compliance (if insurance products offered): If the Company introduces any insurance product facilitation, referral, or advisory service, update these Terms to include appropriate IRDAI-compliant insurance disclaimers and ensure that the Company holds the necessary licence or corporate agency arrangement. Do not offer insurance without proper authorisation.

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RBI Fair Practices Code: Verify whether the Company, in its capacity as a Lending Service Provider (LSP), is required to adhere to the RBI's Fair Practices Code for NBFCs / lenders and adopt a corresponding code or disclosure on the Platform.

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Effective and Last Updated Dates: Insert the correct Effective Date and Last Updated Date before publication. These fields have been left as placeholders in the current draft.

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Grievance Redressal Officer (GRO): Indian consumer-facing digital platforms are required to designate a named Grievance Officer with contact details. Consider adding a standalone Grievance Redressal section naming the GRO and their contact information, in accordance with IT (Intermediary Guidelines) Rules, 2021.

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Website Accessibility and Vernacular Compliance: If the Platform serves Users in regional languages or areas with low English literacy, consider providing a summary of material terms in Hindi or other scheduled languages to comply with the spirit of RBI Fair Practices Code and Consumer Protection Act obligations.