axio – Personal Loan – Terms & Conditions

This document/agreement/understanding is a computer-generated electronic record published in terms of Information Technology Act, 2000 and the rules made thereunder and does not require any physical or digital signatures.

• These Additional Terms shall be applicable for making an application for the facility (“Loan Facility”) made available by CapFloat Financial Services Private Limited (“Axio” or “Lender”).
• I confirm that I have carefully read and fully understood all the terms and conditions that are listed online at https://axio.co.in/terms-conditions/ and those applicable to availing financing / loan from Axio and privacy requirements that are listed online at & https://axio.co.in/privacy-policy/ (“Standard Terms”). In addition to the Standard Terms, I accept that following terms and conditions shall be applicable for making an application for the Loan Facility (“Additional Terms”). I accept and agree that these Additional Terms may be amended or modified by Axio at any time and I will be bound by the amended terms & conditions that are in force.
• I understand that approval of the Loan Facility is at the sole discretion of Axio or co-lender, if any. Axio or co-lender, if any may accept or deny my application made in accordance with these terms based on its internal underwriting criteria.
• I understand that the minimum age criteria to avail personal loan facility is 23 years and maximum age criteria is 58 years.
• I can read, write and understand English language and is of sound mind. Further to this, I have no objections in receiving communications with respect to this facility in English language.
• I confirm that I am a citizen of India.
• I confirm that my household income is greater than INR 3 lakhs.
• I will be using the funds from personal loan only for legal purposes (personal needs i.e. paying school fees, renovating from home, taking a vacation etc).
• I hereby agree that grant of Loan Facility shall be subject to acceptance of Loan Agreement.
• I shall indemnify Axio or co-lender, if any (its agents, employees, officers and directors) against all or any losses suffered by Axio (its agents, employees, officers and directors) on account of breach of undertakings, representations and warranties by me including any legal action / proceedings initiated by me or any third party in connection with this Agreement and unauthorised access to or storage of my information or Personal Data by Axio or co-lender, if any (its agents, employees, officers and directors) which are solely attributable to any breach, negligence or fraud by me.
• I declare that all the particulars and information and details given / filled in the application form provided by axio and its co-lender, if any, and information provided by me to axio and its co-lender, if any, are true, correct and accurate and I have not withheld / suppressed any material and relevant information from axio and its co-lender, if any.
• By accepting these terms and conditions and availing the facility, I understand that my successors, heirs and assigns will also be bound by the terms of this facility.
• I hereby agree to provide all information as may be required by Axio or co-lender, if any in order to process my application for the Loan Facility, including all Know Your Customer (KYC) documents and information as may be specified or required under applicable law for grant of loan by Axio or co-lender, if any. Such information or documents may be collected by Axio or co-lender, if any either itself or through any third party appointed by Axio to collect such information or documents on Axio’s behalf. I declare that all the particulars and information and details given / filled in the application form provided by Axio and information provided by me to Axio are true, correct and accurate and I have not withheld / suppressed any material and relevant information from Axio.
• I agree that Axio may receive and update credit reports from any/all credit bureaus or any other agency/ regulatory authority as required and as permitted under applicable law
• I also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) to and in respect of the following activities, on behalf of axio and its co-lender, if any:
  • Use my Aadhaar details for KYC proof, enabling me to eSign the loan agreement and/or eSign the Mandate and authenticate my identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose;
• Authenticate my Aadhaar through one-time password (“OTP“) or Biometric for authenticating my identity through the Aadhaar Authentication system for obtaining my e-KYC through Aadhaar based e-KYC services of UIDAI and use my Photo and Demographic details (Name, Gender, Date of Birth and Address) for KYC proof, in connection with the loan agreement and the Mandate and for no other use / purpose;
• I agree that axio and its co-lender, if any, may avail services from any third party to conduct Aadhaar based KYC authentication i.e. authentication services provided by UIDAI, where my personal identity information /data that is obtained from me and matched with the personal identity information/data that is stored in the UIDAI’s central identity data repository in order to provide Aadhaar enabled services to me;
• I agree that axio and its co-lender, if any, for the purpose of conducting KYC, may use other acceptable mode as allowed under the extant regulation Master Direction on Know your Customer, 2016 (amended from time to time).
• I understand and agree that axio, as a part of its underwriting process, may enquire with credit bureaus for the maximum sanction amount permissible under the program and that the final amount sanctioned may be less than said maximum amount.
• I hereby declare that no other account has been opened nor will be opened using the OTP based KYC in non-face-to-face mode.
• I hereby confirm that my current address details match with address details available on my officially valid KYC documents and that any change in the same shall be duly communicated to axio and its co-lender, if any.
• By giving consent to axio for fetching KYC from CERSAI, I allow axio to fetch the details as and when required at its discretion.
• I understand that lenders shall have the right to refuse disbursement of the loan.
• Axio makes no representations about:

• the timeliness, of the services contained on the Axio its website and/or mobile application for any purpose; and
• the suitability, reliability, availability, of the services contained on the Axio website and/or mobile application for any purpose.
• Axio shall (and shall procure that its agents, employees, directors and officers shall) comply with all Data Protection Legislations and such compliance shall include, but not be limited to, maintaining a valid and up to date registration or notification (where applicable) under the Data Protection Legislation. For the purpose of this Agreement, “Data Protection Legislation” means the legislation and regulations relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual including (without limitation):

• the Information Technology Act, 2000 (as amended from time to time), including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules”) and any other applicable rules framed thereunder;
• all other applicable banking industry guidelines (whether statutory or non-statutory) or statutorily-backed codes of conduct relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual issued by any regulator and applicable to us to any of the Parties; and
• any other Applicable Law solely relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual.
• By making an application under these Additional Terms, you acknowledge that Axio may use my data or information in connection with the loan, including without limitation for the processing of the loan application. In this regard, the customer agrees and consent for Axio to share the information or data pertaining to me with any third party which is involved in the processing of the application, or use of the Loan Facility etc.
• Axio reserves the right to cancel / suspend the services if in Axio’s opinion security of the website and/or mobile application or of the data could be compromised for any specific customer, without assigning any reasons.
• I confirm that all the information provided by me and present with axio is correct, complete and updated.
• The Borrower represents and covenants that the Borrower:

• will use the Loan amount for legitimate purposes.
  will not use the Loan for any capital market use, purchase of gold/gold bullions/gold coins/gold jewellery/gold exchange traded funds/gold mutual funds or any speculative, antisocial or prohibited purposes. If the Loan funds have been used for purposes as stated above, axio shall be entitled to do all acts and things that the axio deems necessary to comply with its policies. The Borrower agrees to bear all costs and expenses the axio incurs as a result thereof.
• shall notify the axio, within 30 calendar days, if any information given by the Borrower changes. In the specific event of change in address due to relocation or any other reason, the Borrower shall intimate the new address to axio as soon as possible but not later than two weeks of such a change.
• information of the Borrower with axio is correct, complete and updated.
• has read and understood the axio’s Privacy Policy available on the axio’s website.

I hereby agree to all the information regarding part prepayment and pre-closure conditions of my personal loan.

Fees and Charges:

• The Borrower agrees to pay fees and charges specified in Schedule of Charges, published on axio’s website including processing fee, EMI dishonour charges etc. as specified at the time of applying for Loan.
• axio may change the interest rate, if required by statutory/regulatory authority.
• axio may charge a fee for any overdue payment as set out in Schedule of Charges, published on axio’s website
• The Borrower agrees that fees and charges specified in the Schedule of Charges, published on axio’s website, may be revised by axio from time to time and binding on the Borrower.
• The Borrower agrees to pay applicable Goods and Service Tax.
• Any changes in the default rates and other charges specified in Schedule of Charges, published on axio’s website shall be binding on the Borrower.

I confirm having understood the following concepts and illustrative examples related to due dates, classification of my Loan Account as Special Mention Account (SMA) / Non-Performing Asset (NPA) in accordance with the RBI Circular – RBI/2021-2022/125 – DOR.STR.REC.68/21.04.048/2021-22 dated November 12, 2021 on ‘Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances – Clarifications’ read along with RBI ‘Master Circular – Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances’ dated October 1, 2021 and amendments or further clarifications thereto. The clarification note is also available on axio webpage at https://axio.co.in/regulatory/

I/We further authorise Axio and all its group companies to keep me/us informed (vide telephone, SMS, mail, E-mail, Whatsapp etc.) of all such promotional schemes and/or activities as they may require.

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AXIO Pay Later – Terms & Conditions

This document/agreement/understanding is a computer-generated electronic record published in terms of Information Technology Act, 2000 and the rules made thereunder and does not require any physical or digital signatures.

• I/We confirm that we have carefully read and fully understood all the terms and conditions of availing financing from or through Capfloat Financial Services Private Limited (operating under the brand name axio) that are listed online at https://www.axio.co.in/terms-conditions and those applicable to availing financing / loan from Axio and privacy requirements that are listed online at https://www.axio.co.in/privacy-policy and applicable to any loan availed from or through axio. I/We accept the terms & conditions unconditionally and agree that these terms and conditions may be amended or modified by axio at any time and I/we will be bound by the amended terms & conditions that are in force.
• I/We understand that sanction of the loan(s) is at the sole discretion of axio and is subject to my/our execution of necessary documents, providing any security(ies) and other closing formalities to the satisfaction of axio. I/We agree that axio at its sole discretion may reject my application without providing any reasons, and that I/we reserve no right to appeal against this decision of the company. I/We further understand and agree that the application fee and processing fee are non-refundable and upon my/our application being rejected by axio for any reason whatsoever, or the same being withdrawn by me, I/we shall not be entitled to a refund of the same either in part or full.
• I/We understand that I/we shall be liable to indemnify axio (its agents, employees, officers and directors) against all or any losses suffered by axio (its agents, employees, officers and directors) on account of breach of undertakings, representations and warranties by me/us including any legal action / proceedings initiated by me/us or any third party in connection with this Agreement and unauthorised access to or storage of my/our information or Personal Data by axio (its agents, employees, officers and directors) which are solely attributable to any breach, negligence or fraud by me/us.
• I/We declare that I am/we are citizens of/resident in India and I/we declare, warrant and represent that all the particulars and information and details given / filled in this application form and documents given by me/us to axio are true, correct and accurate and I/we have not withheld / suppressed any material information from axio. I/We undertake to furnish any additional information/ documents that may be required by axio from time to time. I/ We acknowledge that the information given in the loan application and subsequently upon request, shall form the basis of any loan axio or any other lender through axio may decide to grant me/us. axio reserves the right to retain the photograph & the documents submitted with the applications & may not return the same to the applicant.
• I/We confirm that there are no insolvency proceedings against me/us nor have I/we ever been adjudicated insolvent. I/We also undertake to inform axio of changes in my/our occupation/employment and to provide any further information that the company may require. I/We shall advise axio on the change in my/our resident status.
• I/We have not made any payment (and will not pay) either through cheque/cash or otherwise to any Executive/DSA or person in his/her personal name for grant/processing of the loan application.
• I/We agree that my/our loan will not be used for any speculative or anti-social purpose.
• I/We confirm that my/our age is more than 21 years and less than 65 years.
• I can read, write and understand English language and is of sound mind. Further to this, I have no objections in receiving communications with respect to this facility in English language.
• I/We confirm that my/our household income is greater than INR 3 lakhs
• As a pre-condition, relating to grant of the loans/advances/credit facilities by axio to me/us, I/we agree and give consent for the disclosure by axio of:

• information and data relating to me/us and our directors and group companies;
• the information or data relating to any credit facility availed of/to be availed, by me/us; and
• default, if any, committed by me/us,in discharge of any our obligations, to all or any third parties as may be deemed necessary at the sole discretion of axio.
• I/We hereby agree to provide axio with all information and documents as may be required by axio in order to complete the Know Your Customer (KYC) requirements as required under applicable law. I acknowledge that axio may conduct KYC in any manner permitted under applicable law, including without limitation,

• collection and verification of physical copies of the documents;
• Obtaining documents through Offline Aadhaar Validation as advised under the KYC guidelines of RBI
• Obtaining documents through Central KYC repository with my explicit consent
• eKYC in accordance with paragraph 10 below; or (v) obtaining KYC information and documents from a third party in accordance with applicable law. Further, axio may also avail the services of a third party for the purpose of conducting KYC.
• I/We also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) on behalf of axio to:

• Use my Aadhaar details for KYC proof, enabling me to eSign the loan agreement and eSign the Mandate and authenticate my identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose;
• Authenticate my Aadhaar through one time password (“OTP”) or Biometric for authenticating my identity through the Aadhaar Authentication system for obtaining my e-KYC through Aadhaar based e-KYC services of UIDAI and use my Photo and Demographic details (Name, Gender, Date of Birth and Address) for KYC proof, in connection with the loan agreement and the Mandate;
• I/We agree that axio shall be entitled to avail services from any third party in connection with Aadhaar based KYC and authentication services i.e. authentication services provided by UIDAI, where my/our personal identity information of/data is obtained and matched with the personal identity information/data that is stored in the UIDAI’s central identity data repository in order to provide Aadhaar enabled services to me/us;
• I/We agree that axio and its co-lender, if any, for the purpose of conducting KYC, may use other acceptable mode as allowed under the extant regulation Master Direction on Know your Customer, 2016 (amended from time to time).
• CIBIL and any other agency so authorized may use, process the said information and data disclosed by axio in the manner deemed fit by them;
• CIBIL, and any other agency so authorized may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may be specified by the RBI in this behalf; and
• The CIBIL information obtained, may be shared with partner banks and financial institutions.
• I hereby confirm that my current address details match with address details available on my officially valid KYC documents and that any change in the same shall be duly communicated to axio and its co-lender, if any.
• I/We further agree and acknowledge that:

• axio has taken required efforts to ensure that the information and/or statement and/or certificate provided on its website and/or mobile application is reasonably accurate, further we also acknowledge that axio does not warrant the accuracy, completeness or suitability, correctness, adequacy and validity of such information and/or statement and/or certificate provided, whatsoever for any purpose, as any such database provided is without any warranty, express or implied, as to their legal effect;
• axio has taken proper care/precaution to make the database reliable, and that axio shall not be held responsible for any liability that may arise out of any such error in the data base. Further, axio does not represent that axio’s website and/or mobile application is free of viruses or harmful components;
• All information and/or statements and/or certificates should be used in accordance with applicable laws and axio shall not undertake any kind of liability whatsoever for the same;
• axio has provided information/data base on the website and/or mobile application on an “as is where is” basis. axio expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including, but not limiting to implied warranties of merchantability, fitness for a particular purpose and non- infringement;
• axio disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, my/our use of the site;
• It will be my/our sole responsibility to ensure that the username and password are kept confidential and not disclosed to any third party, including any representative of the axio, or its agents and, shall take all possible care to prevent discovery of the username or password by any person;
• axio offers certain finance schemes including schemes requiring payments in monthly instalments wherein the interest is subvented by the manufacturer or the retailer as the case may be. For such special offers Customers won’t have to pay anything more than the agreed purchase price. For other products / schemes regular rate of interest along with nominal processing fee may be charged. The schemes may vary depending on the product/manufacturer/model/validity.
• axio, has offered a privileged service to me/us (without any charge).However, axio reserves the right to levy any service charges, additional service charges, processing fee and/or any other charges or fee as applicable from time to time in consideration for the services provided herein to the user. In case I/we do not consent to any service charges then, I/we may opt out of axio services;
• The interest, charges and other fees payable by me/us on the loan may be modified at the discretion of axio. axio shall ensure that changes in interest rates and charges are effected only prospectively and due notice of the same is provided to me/us. The Customer shall be bound by such revision made by axio and shall be governed by the terms and conditions and commercial terms applicable to the loan; and
• The equated monthly instalments amount payable by me/us as repayment towards the loan shall automatically stand increased due to increase in any rates, taxes, charges, imposts, levies and monies whatsoever that are or may be levied on the loan or the transaction contemplated here. Such increase in rates, taxes, charges, imposts, levies and monies as stated above shall automatically form part of the commercial terms and conditions of the loan.
• I/We represents and covenants that I/We:

• will use the Loan amount for legitimate purposes.
• will not use the Loan for any capital market use, purchase of gold/gold bullions/gold coins/gold jewellery/gold exchange traded funds/gold mutual funds or any speculative, antisocial, or prohibited purposes. If the Loan funds have been used for purposes as stated above, axio shall be entitled to do all acts and things that axio deems necessary to comply with its policies. I/We agree to bear all costs and expenses the axio incurs as a result thereof.
• shall notify the axio, within 30 calendar days, if any information given by me changes. In the specific event of change in address due to relocation or any other reason, I/We shall intimate the new address to axio as soon as possible but not later than two weeks of such a change.
• my/our information with axio is correct, complete and updated.
• have read and understood the axio’s Privacy Policy available on the axio’s website.
• axio makes no representations about:
  • the timeliness, of the services contained on the axio website and/or mobile application for any purpose; and
  • the suitability, reliability, availability, of the services contained on the axio website and/or mobile application for any purpose.
• axio, at no event, be liable/responsible for:
  • any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without
  • limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of the axio’s website and/or mobile application;
  • any information and/or database and/or statement and/or certificate and/or page is printed/ downloaded from axio’s website and/or mobile application and after printing/downloading complete/partial, text/information is altered/ removed/ obscured contained therein; and
  • any direct, indirect, punitive, incidental, special, consequential damages or any damages for the delay or inability to use the axio website and/or mobile application, or failure to provide services, or for any information, date, statement, certificate, software, and any other services obtained through the axio website and/or mobile application, or otherwise arising out of the use of axio website and/or mobile application.
• axio shall (and shall procure that the its agents, employees, directors and officers shall) comply with all Data Protection Legislation and such compliance shall include, but not be limited to, maintaining a valid and up to date registration or notification (where applicable) under the Data Protection Legislation. For the purpose of this Agreement, “Data Protection Legislation” means the legislation and regulations relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual including (without limitation):
• • the Information Technology Act, 2000 (as amended from time to time), including the Information Technology
    • (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy
    • Rules”) and any other applicable rules framed thereunder;
  • all other banking industry guidelines (whether statutory or non-statutory) or codes of conduct relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual issued by any regulator to any of the Parties; and
  • any other Applicable Law solely relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual.
  “Personal Data” shall have the same meaning as ascribed to the term ‘Sensitive Personal Data or Information’ under the Privacy Rules (as amended from time to time). axio (its agents, employees, directors and officers) shall only undertake the processing of Personal Data reasonably required in connection with the performance of its obligations under this Agreement and as authorised by me/us.I/We hereby agree to take such steps and provide such information for processing of Personal Data as are necessary for compliance by axio of its obligations under the applicable laws including providing the requisite consent from me/us with regard use of my/our Personal Data.I/We confirm and acknowledge that I/we have appropriate technical and organizational measures in place acceptable to axio:
  • to prevent unauthorised or unlawful processing of my/our Personal Data;
  • to protect any Personal Data against accidental loss, destruction or damage; and
  • to ensure the reliability of my/our relatives / agents having access to the Personal Data.
  I/We further represent and warrant that I/we validly own all information, is/are authorised to provide the information to axio and the information provided by me/us is accurate and correct as on the date and has not been forged by me/us.Use of any information and/or statement and/or certificate on axio’s website and/or mobile application shall be at my/our own risk.I understand that security and confidentiality of Personal Data provided, for the purpose of Aadhaar based authentication is ensured by NSDL e-Gov and the data will be stored by NSDL e Gov till such time as mentioned in guidelines from UIDAI from time to time.
  • I also authorize confirm and agree to the following activities related to fees and charges
    • axio may charge a fee for any overdue payment as set out in Schedule of Charges, published on axio’s website.
    • I understand that fee and charges specified in Schedule of Charges, published on axio’s website, may be revised by axio from time to time.
    • I agree to pay applicable Goods and Service Tax
    • I understand that any changes in the default rates and other charges specified in Schedule of Charges, published on axio’s website will be binding on the borrower (me).
  • I/We expressly agree that there may be charges for access, third party payment or such other data fees from third party payment participants and/ or billers and I/We shall not hold axio liable for the same.
  • Certain services, such as accounting information depends on continuous connection to the axio‘s database. axio makes no assurance, representation, promise whatsoever that such connectivity will always be available.
  • axio shall ensure that only one account is opened in relation to the loan using the OTP based KYC in the non face-to-face mode and while uploading the KYC information to the Central KYC Records Registry, axio shall clearly indicate that such account is opened using OTP based KYC and that other Regulated Entities as stipulated by the RBI, shall not open accounts based on the KYC information of accounts opened with OTP based KYC procedure in non face-to-face mode.
  • I/We hereby declare that no other account has been opened nor will be opened using the OTP based KYC in non face-to-face mode.
  • By giving consent to axio for fetching KYC from CERSAI, I allow axio to fetch the details as and when required at it’s discretion.
  • I/We unconditionally and irrevocable undertake that I/we shall, at all times, during the continuance of this Agreement, ensure that all the terms and conditions of this Agreement and all information relating to the loan shall be kept confidential (“Confidential Information”) and they shall not disclose any information relating to this Agreement to any third party, without the prior written consent of axio. Confidential Information does not include information which (i) is known to me/us at the time of disclosure as evidenced by their written records; or (ii) has become publicly known and made generally available through no wrongful act of mine/ours; or (iii) I/we lawfully receive from a third party without restriction on disclosure, provided such disclosure is without breach of a non-disclosure obligation; or (iv) has been independently developed by me/us without access to the axio’s Confidential Information.
  • axio reserves the right to suspend these services if in axio‘s opinion security of the website and/or mobile application or of the data could be compromised.
  • I understand that lenders shall have the right to refuse disbursement of the Loan.
  • axio may also suspend services on the website and/or mobile application for any customer at its sole discretion without assigning any reason whatsoever. In such event user shall contact axio offices for any clarification.
  • In case of transaction/ statement /certificate is not in agreement with your record or with the information that you have, you are requested to write to axio. You are free to mail your queries on ask@axio.co.in.
  • I/We further authorize axio and all its group companies to keep me/us informed (vide telephone, SMS, mail, E-mail etc.) of all such promotional schemes and/or activities as they may require.
  • I/We hereby appoint Capfloat Financial Services Private Limited as our designated collection agent for the collection of all amounts due to us as cashback.

• 30. We acknowledge that axio and its co-lender may use my data or information in connection with the loan, including without limitation for the processing of the loan application. In this regard, I/we agree and provide our consent to axio and its co-lender to share the information or data pertaining to us with any third party which is involved in the processing of the application, or use of the loan facility etc.

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• 31. I understand and agree that axio, as a part of its underwriting process, may enquire with credit bureaus for the maximum sanction amount permissible under the program and that the final amount sanctioned may be less than said maximum amount.

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• 32. I/We confirm having understood the concepts and illustrative examples related to due dates, and classification of my Loan Account as Special Mention Account (SMA) / Non-Performing Asset (NPA) in accordance with the RBI Circular – RBI/2021-2022/125 – DOR.STR.REC.68/21.04.048/2021-22 dated November 12, 2021 on ‘Prudential norms on Income Recognition, Asset Classification, and Provisioning pertaining to Advances – Clarifications’ read along with RBI ‘Master Circular – Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances’ dated October 1, 2021, and amendments or further clarifications thereto. The clarification note is also available on axio webpage at https://axio.co.in/regulatory/

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TATA Pay Later – Terms & Conditions

This document/agreement/understanding is a computer-generated electronic record published in terms of Information Technology Act, 2000 and the rules made thereunder and does not require any physical or digital signatures.

Welcome to the terms and conditions for Tata Pay Later (“Terms”). These Terms are applicable between you and Tata Digital Private Limited (“Tata”) for the transactions for purchase of goods or services you make through select online medium, or marketplaces (“Digital Property”) using the “Tata Pay Later” payment method (“Tata Pay Later”). It is clarified that these Terms are applicable only if Tata Pay Later is available for payment on the Digital Property. These Terms are applicable in addition to any terms and conditions that may be applicable to your use of the Digital Property where Tata Pay Later is available as a payment option.

The following terms & conditions apply to any and all transactions made on Digital Property using the Tata Pay Later payment option:

• Tata Pay Later is a payment option available to certain select customers to make payments on the Digital Property. Tata Pay Later option may only be available for purchase of select good or services on the Digital Property.
• If a customer chooses to paying using Tata Pay Later, the customer will transact with CapFloat Financial Services Private Limited (“axio”) and the co-lender, if any, engaged by axio from time to time (“co-lender”). Under Tata Pay Later, axio will provide a credit facility to the customers to make purchases on the Digital Property and make repayments against the same on a deferred basis in instalments (“Facility”). Prior to providing the Facility, axio and its co-lender may (in its discretion) conduct credit approval checks for the customer.
• Provision of the Facility is at the discretion of axio, and axio reserves the right to reject (exercisable in its discretion) the Facility to a customer, with or without any notice or reason and without any liability.
• Tata has no role to play pertaining to the offering of the Facility or the terms on which the Facility is provided by axio and its co-lender, including but not limited to its issuance, approval, extension, collection, pre-closure or closure of the Facility and such matters are solely determined by axio.
• As a pre-requisite to avail the Facility, a customer must have a valid Tata Pay Later account, a PAN (permanent account number) card, and an officially valid document as address proof. The customer must also have a bank account with one of the specified banks in India. axio may specify the banks for this purpose from time to time, which will be listed on axio’s website.
• In order to avail the Facility, the customer must enter into a loan agreement with axio and its co-lender (“Loan Agreement”) as an essential pre-condition, in the form notified by axio. You may also be required to make a pre-payment to axio towards the Facility extended by axio.Tata Pay Later can only be used for purchases on the Digital Property if the customer has sufficient balance / limit available under the Facility granted by axio.
• The amount of the Facility may be modified and the Facility may be cancelled by axio in its sole discretion, and without assigning any reason and without any liability. Tata has no role in this regard.
• Repayment of the Facility is governed by the terms notified by axio from time to time. Tata and axio may make various modes and mediums available for repayment of the Facility, which may be made using the Tata Neu mobile application and/or other mechanism, as made available.
• Availing the Facility is governed by the terms and conditions prescribed by axio mentioned below and any other terms that axio may notify from time to time.
• By using Tata Pay Later, by availing the Facility provided by axio along with its co-lender, each customer hereby fully and unconditionally releases and completely discharges Tata and its affiliates against any claims (howsoever arising) in respect of availing of the Facility, and all such claims (if any) will lie only against axio.
• If a customer consents for axio and its co-lender to collect any data / information from Tata, such customer consents for and permits Tata to share with axio, the data / information (so requested by axio) of such customer in possession of Tata, which was collected from the said customer by Tata in respect of the customer’s KYC for other products offered by Tata.
• The customers also agree and acknowledge that Tata and its affiliates will not be liable or responsible for any claim on account of availability or non-availability of Tata Pay Later facility on Tata Neu or partner platforms
• Tata reserves the right to cease to make Tata Pay Later available as a payment option, at any time without prior notice and without any liability.
• By using Tata Pay Later by availing the Facility, the customer acknowledges that Tata and axio and its co-lender, if any, may use the customer’s data in connection with the Facility, including without limitation for processing and activation of the Facility. In this regard, the customer agrees and consent for Tata to share the information or data pertaining to the customer with axio.
• The customers agree that Tata and its affiliates will not be liable for any losses or damages suffered by the customers on account of use of Tata Pay Later or the Facility, including as a result of any fraud in connection with such use.
• If an order for which payment has been made using the Tata Pay Later facility is cancelled, any refund to the customers or cancellation of the Facility will be undertaken by axio. The customers hereby agree and acknowledge that Tata has no role in this regard and that Tata will not be liable or responsible for any claim on this account.
• Tata will not be held liable for any dispute arising out of or in connection with use of the Tata Pay Later payment option or the Facility.
• You authorize Tata and/or axio and co-lender, if any, to communicate with you, through emails or SMS or notifications on websites / mobile applications or any other mode, in connection with use of the Tata Pay Later or the Facility. You acknowledge that axio and co-lender, if any, may communicate with you through IVR or telephonically.
• Please contact axio for any queries in relation to the Facility or Tata for any queries in relation to availability of Tata Pay Later.The Borrower represents and covenants that the Borrower:
• will use the Loan amount for legitimate purposes.
• will not use the Loan for any capital market use, purchase of gold/gold bullions/gold coins/gold jewellery/gold exchange traded funds/gold mutual funds or any speculative, antisocial or prohibited purposes. If the Loan funds have been used for purposes as stated above, axio shall be entitled to do all acts and things that the axio deems necessary to comply with its policies. The Borrower agrees to bear all costs and expenses the axio incurs as a result thereof
• shall notify the axio, within 30 calendar days, if any information given by the Borrower changes. In the specific event of change in address due to relocation or any other reason, the Borrower shall intimate the new address to axio as soon possible but not later than two weeks of such a change.
• information of the Borrower with axio is correct, complete and updated.
• has read and understood the axio’s Privacy Policy available on the axio’s website.

Fees and Charges

• axio may change the interest rate, if the required by statutory/regulatory authority.
• axio may charge a fee for any overdue payment as set out in Schedule of Charges, published on axio’s website
• The Borrower agrees that fees and charges specified in Schedule of Charges, published on axio’s website, may be revised by axio from time to time and binding on the Borrower.
• The Borrower agrees to pay applicable Goods and Service Tax.
• The Borrower expressly agree that there may be charges for access, third party payment or such other data fees from third party payment participants and/ or billers and I shall not hold Tata Digital & axio liable for the same.
• Any changes in the default rates and other charges specified in Schedule of Charges, published on axio’s website shall be binding on the Borrower.

Declaration:

By using the Tata Paylater Platform, customer hereby gives his consent and agree to all the terms and conditions mentioned herein below. Please read these terms and conditions carefully:

• • I confirm that I have carefully read and fully understood all the terms and conditions that are listed online at https://axio.co.in/terms-conditions/ and those applicable to availing financing facility from CapFloat Financial Services Private Limited (“axio” or “Lender”) and its co-lender (if any) and privacy requirements that are listed online at & https://axio.co.in/privacy-policy/. I accept the terms & conditions unconditionally and agree that these terms and conditions may be amended or modified by axio (CapFloat Financial Services Private Limited) at any time and I will be bound by the amended terms & conditions that are in force.
  • I confirm that I am a resident of India and at least 18 (Eighteen) years of age.
  • I can read, write and understand English language and is of sound mind. Further to this I have no objections in receiving communications with respect to this facility in English language.I have an annual household income greater than INR 3 lacs.
  • I understand that sanction of the facility is at the sole discretion of axio (CapFloat Financial Services Private Limited) and it reserves the right to reject my application for the facility without assigning any reasons whatsoever.
  • I understand that the facility sanctioned to me is funded both by axio and its co-lender (if any), if any in a specific proportion.I shall indemnify axio (its agents, employees, officers and directors) against all or any losses suffered by axio (its agents, employees, officers and directors) on account of breach of undertakings, representations and warranties by me including any legal action / proceedings initiated by me or any third party in connection with this Agreement and unauthorized access to or storage of my information or Personal Data by axio (its agents, employees, officers and directors) which are solely attributable to any breach, negligence or fraud by me.
  • I declare that all the particulars and information and details given / filled in the application form provided by axio and its co-lender if any, and information provided by me to axio and its co-lender, if any, are true, correct and accurate and I have not withheld / suppressed any material and relevant information from axio and its co-lender, if any.
  • By accepting these terms and conditions and availing the facility, I understand that my successors, heirs and assigns will also be bound by the terms of this facility.
  • I hereby agree to provide axio and its co-lender (if any) with all information and documents as may be required by axio and its co-lender (if any) in order to complete the Know Your Customer (KYC) requirements as required under applicable law. I acknowledge that axio and its co-lender (if any) may conduct KYC in any manner permitted under applicable law, including without limitation, (i) collection and verification of physical copies of the documents; (ii) eKYC in accordance with paragraph below; or (iii) obtaining KYC information and documents from a third party in accordance with applicable law. Further, axio and its co-lender (if any) may also avail the services of a third party for the purpose of conducting KYC.
  • I also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) to and in respect of the following activities, on behalf of axio and its co-lender (if any), if any:
    • Use my Aadhaar details for KYC proof, enabling me to eSign the loan agreement and/or eSign the Mandate and authenticate my identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose;
    • Authenticate my Aadhaar through one-time password (“OTP”) or Biometric for authenticating my identity through the Aadhaar Authentication system for obtaining my e-KYC through Aadhaar based e-KYC services of UIDAI and use my Photo and Demographic details (Name, Gender, Date of Birth and Address) for KYC proof, in connection with the loan agreement and the Mandate and for no other use / purpose;
    • I agree that axio and its co-lender (if any), if any, may avail services from any third party to conduct Aadhaar based KYC authentication i.e. authentication services provided by UIDAI, where my personal identity information /data that is obtained from me and matched with the personal identity information/data that is stored in the UIDAI’s central identity data repository in order to provide Aadhaar enabled services to me;
    • I agree that axio and its co-lender (if any), if any, for the purpose of conducting KYC, may use other acceptable mode as allowed under the extant regulation Master Direction on Know your Customer, 2016 (amended from time to time).
  • I understand and agree that axio, as a part of its underwriting process, may enquire with credit bureaus for the maximum sanction amount permissible under the program and that the final amount sanctioned may be less than said maximum amount.
  • I agree that axio and its co-lender (if any) may receive and update credit reports, basis their respective share in the sanctioned facility, from any/all credit bureaus or any other agency/ regulatory authority as required and as permitted under applicable law.
  • axio makes no representations about:
    • the timeliness, of the services contained on the axio its website and/or mobile application for any purpose; and
    • the suitability, reliability, availability, of the services contained on the axio website and/or mobile application for any purpose.
  • axio shall (and shall procure that its agents, employees, directors and officers shall) comply with all Data Protection Legislations and such compliance shall include, but not be limited to, maintaining a valid and up to date registration or notification (where applicable) under the Data Protection Legislation. For the purpose of this Agreement, “Data Protection Legislation” means the legislation and regulations relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual including (without limitation):
    • the Information Technology Act, 2000 (as amended from time to time), including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules”) and any other applicable rules framed thereunder;
    • all other applicable banking industry guidelines (whether statutory or non-statutory) or statutorily-backed codes of conduct relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual issued by any regulator and applicable to us to any of the Parties; and
    • any other Applicable Law solely relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual.
  • By availing the loan from axio and its co-lender (if any), if any, under these terms and conditions, I acknowledge that axio and its co-lender (if any), if any, may use my data or information in connection with the loan, including without limitation for the processing of the loan application. In this regard, the customer agrees and consent for axio and its co-lender (if any), if any, to share the information or data pertaining to the customer with any third party which is involved in the processing of the application, or use of the loan facility etc.
  • I hereby declare that no other account has been opened nor will be opened using the OTP based KYC in non-face-to-face mode.
  • I hereby confirm that my current address details match with address details available on my officially valid KYC documents and that any change in the same shall be duly communicated to axio and its co-lender (if any), if any
  • By giving consent to axio for fetching KYC from CERSAI, I allow axio to fetch the details as and when required at its discretion.
  • I understand and acknowledge that axio and its co-lender (if any) reserves the right to modify the sanctioned facility amount as per its internal policy at its discretion without assigning any reasons.
  • axio reserves the right to cancel / suspend the services of the facility if in axio’s opinion the security of the website and/or mobile application or of the data could be compromised for any specific customer, without assigning any reasons.
  • I understand that lenders shall have the right to refuse disbursement of the loan.
  • I shall notify the axio within 30 calendar days if any information given by me changes. In the specific event of change in address due to relocation or any other reason, I shall intimate the new address to axio as soon as possible but not later than two weeks of such a change.
  • I confirm that all the information provided by me and present with axio is correct, complete and update

I further authorize axio and all its group companies to keep me informed (vide telephone, SMS, mail, e-mail, WhatsApp etc.) in relation to the facility and also for any such promotional schemes and/or activities as they may require.

I confirm having understood the concepts and illustrative examples related to due dates, classification of my Loan Account as Special Mention Account (SMA) / Non-Performing Asset (NPA) in accordance with the RBI Circular – RBI/2021-2022/125 – DOR.STR.REC.68/21.04.048/2021-22 dated November 12, 2021 on ‘Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances – Clarifications’ read along with RBI ‘Master Circular – Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances’ dated October 1, 2021 and amendments or further clarifications thereto. The clarification note is also available on axio webpage at https://axio.co.in/regulatory/

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