Please read these terms carefully. By using this website, you agree to be bound by all of the terms and conditions of this agreement.
1.1 Thank you for visiting www.acolytefinserv.com by accessing or using the website www.acolytefinserv.com whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein ("User"), agree to be bound by these Terms and Conditions ("Terms of Use") and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the website, from time to time. We encourage our Users to read these Terms of Use carefully while using the website.
1.2 The Website is owned and operated by Acolyte Finserv Limited (formely known as Gagan Metals Ltd), a company incorporated under the provisions of the Companies Act, 2013 bearing corporate identity number (CIN) U65100DL1988PLC030798. All references to the Website in these Terms of Use shall deem to refer to the aforesaid entity in the inclusion of the online portal.
1.3 The contents set out herein form an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the website and the User. Further, please be advised that these Terms of Use are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and terms of use for access or usage of the website.
1.4 We reserve the right to change these Terms of Use at any time. The changes will be effective from the date and time of the posting of such changes. By continuing to use the website after we post any such changes, you accept the Terms of Use as modified.
2.1 Use of the Website is available only to such persons who can legally contract under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc, shall not be eligible to use the website. If the person accessing the website is a minor i.e., under the age of 18 years, such person shall not register as a User of the Website and shall not transact on or use the website.
2.2 The Website reserves the right to terminate any membership and/or refuse to provide access to the website if it is brought to the website's notice or if it is discovered that the person accessing/using the website is under the age of 18 years.
2.3 By accepting the Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age i.e., 18 years or older, and capable of entering into a binding contract and that such acceptance shall be deemed to form a contract between the website and such User to the extent permissible under applicable laws.
2.4 The User must have a rupee-denominated savings/current account with a bank in India.
2.5 User must have PAN (Permanent Account Number), allotted by the Income Tax Department of India.
2.6 By accepting the Terms of Use, you acknowledge that you have also read and understood the risks involved in lending and/or borrowing through the website.
2.7 To be eligible as a Borrower, User must be:
2.7.1 User must be a salaried individual.
2.7.2 If the User is a salaried individual, then the User:
3.1 As indicated, any person may access the website either by registering on the website or using the website as a guest. However, a guest user may not have access to all sections of the website, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the website.
3.2 All eligible Users who wish/have to register themselves with the website shall be required to create an account by filling in the details prescribed in the website.
3.3 By applying for registration, the User agrees and authorizes us to carry out such checks and verification. As part of the registration process:
3.4 If any User provides any information that is untrue, false, not updated, and incomplete or the website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the website (or any portion thereof).
3.5 Users of the Website may be required to provide certain personal information and expressly permit the website for accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use, and disclosure of the Personal Information of the Users shall be subject to the website's privacy policy.
3.6 Registration Fee to register as a Borrower: There is no fee charged for registration.
4.1 To borrow through the website, you must log on to Acolyte Finserv Account.
4.2 All registered Users of the Website shall be solely responsible for activities relating to the account, and the website or the entity operating the same shall not in any manner be held responsible and/or liable for any illegal acts including but not limited to misuse, unauthorized access, hacking of the website or refusal to access the website due to such reason.
4.3 All Website Users hereby confirm and acknowledge that they have been provided with a copy of the loan agreement ("Loan Agreement") to be entered between the Borrower and the Lender. All Users further confirm that they have read and understood all the terms and conditions of the Loan Agreement and, upon execution, do hereby covenant and undertake to unconditionally abide by the same, without raising any defence of whatsoever nature in respect thereof.
4.4 If any User learns or is made or becomes aware of any instance of hacking or misuse of its Acolyte Finserv Account, it shall without delay notify the website of the same.
4.5 We can refuse to act on any instruction received from User that we believe: (a) was unclear; (b) was not given by the user; (c) might cause us to breach a legal or other duty, or (d) suggests that the website is being used for any illegal purpose.
4.6 The Website disclaims, and the User waives off, any and all claims/liabilities arising out of any unlawful usage of the website, the Personal Information of the User, inaccessibility of the website for any reason whatsoever, which are caused owing to cause beyond the control of the website. While the website employs the best efforts to ensure the aforesaid, it cannot guarantee the same. No User shall trade or sell such User accounts in any manner whatsoever.
4.7 Notwithstanding anything contained herein, the website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. The website may intimate the Users from time to time regarding such inaccessibility. However, under no circumstances will the website be held liable for any losses or claims arising out of such inaccessibility to the Users, and the User expressly waives off any and all claims/liabilities arising to this end.
4.8 The Website grants every User a limited, non-exclusive, and revocable license to access the website and only to the extent such use does not violate these Terms of Use, including, without limitation, the prohibitions listed in clause 6.1 of the Terms of Use.
4.9 The User shall solely be responsible for obtaining access to the website, and that access may involve third-party fees (such as internet service provider fees or airtime charges). In addition, the User must provide and shall be responsible for all equipment necessary to access the website. The User may not bypass any measures that have been implemented to prevent or restrict access to this website.
4.10 Any unauthorized use and/or access of/to the website by a User (including any access through the registered account of that User or any device that the User may use to access the website) shall terminate the permission or license granted to the User by the website.
4.11 Under no circumstance shall any User save copies, download, and print or otherwise store any content of the website for any commercial purposes. Accessing, downloading, storing, or otherwise using the content of the website for any commercial purpose will constitute a material breach of these terms & conditions.
4.12 The Website strictly prohibits any use of the content available through the website, including but not limited to: (i) any downloading, copying or other use of the content or the website for purposes competitive to the website or for the benefit of any third party; (ii) any caching, unauthorized linking to the website or the framing of any content available on the website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or Services obtained from the website that the User does not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the website (including, but not limited to the use of any "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in the website's sole discretion) an unreasonable or disproportionately large load on the website's infrastructure, or damage or interfere with the proper working of the website's infrastructure.
4.13 The Website reserves the right to refuse or cancel any registration of its Users, remove any person from the website and prohibit any person from using the website for any reason whatsoever, and from limiting or terminate such access to or use of the website at any time without notice.
5.1 In case the Lender wishes to lend, the lender will have an option to select one or multiple Borrower's Profile to whom the Registered Lender wishes to lend from various Borrower's profile listed on the website.
5.2 The Lender agrees to offer the first loan within 30 (Thirty) days from the date of registration as a Lender.
5.3 Upon selecting the Borrower, the Registered Lender will transfer an amount equivalent to the amount that he/she wishes to lend ("Lending Amount") in the Escrow Account through his bank account using RTGS/NEFT.
5.4 Upon successful transfer of the Lending Amount to the Escrow Account, and once Acolyte Finserv sights the funds in the Escrow Account, the Lending Amount will be reflected in the User's Acolyte Finserv Account. This could take up to 4-6 hours. If the Lender transfers funds using RTGS/NEFT after the cut-off time or on holiday, it will reflect in his Acolyte Finserv Account on the next working day.
5.5 Upon selecting and confirming the Borrower's profile ("Selected Borrowers"), an amount equivalent to the amount which the Registered Lender wishes to lend to the Selected Borrowers will be debited User's Acolyte Finserv Account.
5.6 The Lender and Borrower will sign the Loan Agreement.
5.7 The amount will be transferred to the Selected Borrower from the Escrow Account.
5.8 Charges and Fees: The website shall be entitled to charge the fees and charges: The facilitation fee will only be charged if lenders receive EMIs. Acolyte Finserv may revise the rate of such charges from time to time. Any such changes will be updated to the lender via email and/or, SMS and/or push notification.
6.1 A Borrower can borrow from the website by posting a loan requirement through the website and completing the application process.
6.2 During the registration process, you must also enter the details of your bank account for the purposes of repayments due to the Lender.
6.3 By posting Loan Request, you agree:
6.4 If so required by Acolyte Finserv after considering the profile of the borrower, Acolyte Finserv may request the borrower to arrange for a co-signor as a condition for disbursement of the loan. In case the Borrower fails to arrange for a co-signor, Acolyte Finserv shall have the right to reject the loan request.
6.5 Formation of Loan Agreements
6.6 Disbursement of Loan Proceeds upon execution of all the required documents and fulfilment of all conditions for disbursements, to the sole satisfaction of the Company, the borrowed amount will be credited to the account of the Borrower. The platform follows a rounding down approach during loan disbursement to the borrower for simplicity purposes. For e.g., if the disbursement amount after deduction of all charges and fees amounts to Rs. 9411.18, the disbursement amount will be Rs. 9,411, and Rs. 0.18 will be transferred to the platform as the adjustment amount.
6.7 Charges and Fees: The website shall be entitled to charge the following fees and charges:
Note: The above charges will be divided among lenders and Acolyte Finserv. The ratio of the split of charges is updated in Lender FAQ. These charges will be applicable on all the loans currently running on the platform. Acolyte Finserv may revise the ratio of the split from time to time.
j) All cost in relation to stamp duty and other related costs for preparation of the documents
k) Loan Cancellation charges to the borrower when cancelled by him/her – Rs. 1,000
l) Loan Cancellation charges to the lender when cancelled by him/her – Rs. 1,000
7.1 Any monies received from the Borrower, including delay charges or late fees or penal charges or any other applicable charges, shall be kept in the Escrow Accounts.
7.2 These will be recorded as a credit to the Lender's Acolyte Finserv Account, which you can see by logging on to Acolyte Finserv Account.
7.3 All the collected repayments will be transferred to Lender's Acolyte Finserv account within 3 days of the receipt of the EMI from the borrower
8.1 EMI: EMIs will start as per the date of the disbursement of the loan. The Lender will start earning interest after 5 days of his investment in the loan or from the day of disbursement of the loan, whichever is earlier.
8.2 Prepayment Terms: Any Borrower who wishes to prepay the loan can pre-pay the loan without any prepayment charges. For prepayment, please email us at info@Acolyte Finserv.com.
In cases where at the time prepayment, the Borrower has already paid 3 (three) or more than 3 (three) EMIs, the Borrower, in addition to the outstanding principal amount, shall be liable to pay the outstanding interest up to the date of prepayment. However, in cases where the number of repaid EMI as on the date of prepayment is less than 3 (Three), the Borrower, along with the principal amount, needs to pay the interest amount of the first 3 EMIs.
8.3 Missed Repayments
In case a Borrower misses a repayment or anticipates that for any reason whatsoever, the Borrower will not be able to repay as per the repayment schedule under the Loan Agreement, then the Borrower should promptly contact the Company by sending an email to info@Acolyte Finserv.com. Upon receipt of the email, we shall undertake the following actions:
8.4 Default Category
A Borrower shall be considered under the "default" category if either of the below events has occurred:
8.5 Repayment Date Changes
In case a Borrower wishes to change the repayment date ("Repayment Date") other than in case of an inability to make a payment at all), the Borrower may:
9.1 You may close your Acolyte Finserv Account at any time by giving us notice by email at [email protected]. However, you will not be able to close your Acolyte Finserv Account if you have any outstanding obligations under any Loan Agreement or if you have any funds in your Acolyte Finserv Account.
9.2 We may close your Acolyte Finserv Account at any time by giving you at least 30 days' notice. However, we may close your Acolyte Finserv Account immediately if:
9.3 If we close your Acolyte Finserv Account, we will transfer any funds in your Acolyte Finserv Account to your nominated bank account within 30 days of closure.
10.1 We are committed to protecting your privacy and personal data. Our Privacy Policy explains how we collect, use, and protect your personal information.
10.2 By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
10.3 We will take reasonable steps to protect your personal information from misuse, loss, unauthorized access, modification, or disclosure.
10.4 You acknowledge that the transmission of information over the internet is not completely secure, and we cannot guarantee the security of your data transmitted to the Website.
11.1 You agree not to use the Website or any content available on the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website.
11.2 Without limiting the generality of the foregoing, you agree not to:
11.3 You acknowledge that Acolyte Finserv does not pre-screen content, but that Acolyte Finserv and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website.
12.1 All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Acolyte Finserv or its content suppliers and is protected by Indian and international copyright laws.
12.2 The compilation of all content on the Website is the exclusive property of Acolyte Finserv and is protected by Indian and international copyright laws.
12.3 You may not reproduce, modify, distribute, display, perform, or use any content from the Website without our prior written consent.
12.4 The trademarks, logos, and service marks displayed on the Website are the property of Acolyte Finserv or third parties. You are not permitted to use these marks without the prior written consent of Acolyte Finserv or the third party that owns the mark.
13.1 You agree to indemnify, defend, and hold harmless Acolyte Finserv, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
13.2 You agree to indemnify and hold Acolyte Finserv harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your violation of any law, or your violation of the rights of a third party.
14.1 If you believe that any content on the Website violates your rights or is otherwise inappropriate, please contact us immediately at [email protected].
14.2 We will investigate all complaints and take appropriate action, which may include removing the content from the Website.
14.3 We reserve the right to remove any content from the Website at any time, for any reason, without prior notice.
15.1 Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Acolyte Finserv with respect to the Website shall remain the sole and exclusive property of Acolyte Finserv.
15.2 Acolyte Finserv shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
16.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.
16.2 The courts of New Delhi shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
17.1 In the event of any dispute arising out of or in connection with these Terms of Use, the parties shall first attempt to resolve the dispute through good faith negotiations.
17.2 If the dispute cannot be resolved through negotiations within 30 days, either party may refer the dispute to arbitration in accordance with the Arbitration and Conciliation Act, 1996.
17.3 The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties. The seat of arbitration shall be New Delhi, and the language of arbitration shall be English.
17.4 The decision of the arbitrator shall be final and binding on both parties.
18.1 The Website is controlled and operated by Acolyte Finserv from its offices in New Delhi, India. Acolyte Finserv makes no representation that the content on the Website is appropriate or available for use in other locations.
18.2 If you access the Website from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
19.1 Acolyte Finserv may, at its sole discretion, offer a buyer protection program to protect lenders against borrower defaults.
19.2 The terms and conditions of any such buyer protection program will be communicated to eligible lenders separately.
19.3 Acolyte Finserv reserves the right to modify, suspend, or terminate any buyer protection program at any time without prior notice.
20.1 Notice: Any notice required to be given under these Terms of Use shall be in writing and shall be sent by email to the email address provided by you during registration or to [email protected] for notices to Acolyte Finserv.
20.2 Assignment: You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Acolyte Finserv. Acolyte Finserv may assign or transfer its rights and obligations under these Terms of Use without your consent.
20.3 Severability: If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
20.4 Waiver: No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Acolyte Finserv's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
20.5 Relationship: Nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between you and Acolyte Finserv.
20.6 Force Majeure: Acolyte Finserv shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
21.1 Acolyte Finserv may, at its discretion, offer insurance products to borrowers to protect against unforeseen circumstances such as death, disability, or loss of employment.
21.2 The terms and conditions of any such insurance products will be provided separately and will be subject to the terms of the insurance policy issued by the insurance provider.
21.3 Borrowers are not required to purchase insurance as a condition of obtaining a loan through the Website, unless specifically required by the lender or by law.
22.1 In these Terms of Use, unless the context otherwise requires:
Last Updated: These Terms and Conditions were last updated on the date of publication on the Website. By continuing to use the Website after any changes to these Terms and Conditions, you agree to be bound by the revised terms.