Terms & Conditions

1. LEGAL STATUS AND NATURE OF AGREEMENT

These Terms and Conditions ("Terms") constitute a legally binding electronic contract under the provisions of the Indian Contract Act, 1872, the Information Technology Act, 2000, and applicable rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signature.

2. Parties

These Terms govern the relationship between: Shivdurga Trading Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Dwarika R. N. Agarwala Signature Complex, Siliguri - 734005 (hereinafter referred to as the "Company", "we", "us", or "our")
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 AND
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 Any individual accessing, browsing, registering on, or using the Website, Mobile Application, or Services (hereinafter referred to as the "User", "you", or "your").

3. DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires:

"Application" means the mobile application titled "Klinq".
"Website" means https://myklinq.com and all sub-domains.
"Services" means digital lending, financial facilitation, customer support, and allied services provided by the Company.
"Loan Documents" include sanction letters, loan agreements, repayment schedules, and related documents.
"Applicable Law" means all Indian laws, rules, regulations, RBI guidelines, and statutory requirements.

Headings are for convenience only and shall not affect interpretation.

4. ACCEPTANCE OF TERMS

By accessing or using the Website, Application, or Services, the User:

a)Acknowledges having read and understood these Terms.

b)Agrees to be bound by these Terms and the Privacy Policy; and

c)Confirms that such acceptance constitutes a valid and binding contract.

5. ELIGIBILITY AND USER REPRESENTATIONS

5.1 The User represents and warrants that:

The User is at least 21 years of age.
The User is an Indian citizen.
The User is legally competent to enter into a contract.
The User is not insolvent, bankrupt, or legally restrained from contracting.

5.2 The Company reserves the right to:

Verify eligibility and identity at any time.
Suspend or terminate Services if eligibility criteria are not met.

6. SCOPE OF SERVICES

6.1 The Company provides digital lending and related financial services, subject to:

Individual Loan Documents.
Applicable RBI and statutory guidelines.

6.2 The Company does not guarantee:

Approval of any loan.
Availability of Services at all times.
Continuity of any product or offering.

7. USER OBLIGATIONS AND CONDUCT

The User undertakes and agrees to:

a)Provide true, accurate, and complete information.

b)Maintain confidentiality of login credentials.

c)Use the Services strictly for lawful and personal purposes.

d)Not engage in fraud, misrepresentation, or identity theft.

e)Not reverse engineer, decompile, copy, scrape, or hack the Application or Website.

f)Not interfere with system security, data, or functionality.

g)Comply with all Applicable Laws, including RBI and IT laws.

Any violation shall constitute a material breach.

8. TRANSACTIONS, LOANS, AND PAYMENTS

8.1 All loan-related terms shall be governed primarily by:

Sanction letters.
Loan agreements.
Repayment schedules.

8.2 Interest rates, fees, and charges are subject to:

Risk assessment.
Regulatory requirements.
Terms disclosed at sanction stage.

8.3 Disbursements shall be made only through regulated banking channels.

8.4 Repayments must be made strictly in accordance with agreed schedules.

9. REFUND AND CANCELLATION

9.1 Refunds, where applicable, shall be:

Credited to the original source of payment.
Processed within statutory or RBI-prescribed timelines.

9.2 Once a loan is disbursed, cancellation shall not be permitted except where required by law.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All intellectual property rights in the Website, Application, Services, content, logos, trademarks, and software vest exclusively with the Company or its licensors.

10.2 Users are granted a limited, non-exclusive, revocable, non-transferable licence to use the Services for personal purposes only.

10.3 Any unauthorised use constitutes infringement and may attract civil and criminal liability

11. THIRD-PARTY LINKS AND SERVICES

The Website or Application may contain links to third-party websites or services.

The Company:

Does not endorse such third parties.
Is not responsible for their content, practices, or policies.

12. DATA PROTECTION AND PRIVACY

Personal data shall be collected and processed strictly in accordance with:

The Privacy Policy; and
The Digital Personal Data Protection Act, 2023.

The Privacy Policy forms an integral part of these Terms.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Company shall not be liable for:

Indirect, incidental, consequential, or punitive damages.
Loss of profits, data, or business opportunities.
Service interruptions beyond reasonable control.

Nothing herein excludes liability where prohibited under the Consumer Protection Act, 2019 or DPDP Act, 2023.

14. INDEMNITY

The User agrees to indemnify and hold harmless the Company, its directors, officers, and employees from any losses, claims, or damages arising from:

Breach of these Terms.
Violation of law.
Misuse of Services.

15. SUSPENSION AND TERMINATION

15.1 The Company may suspend or terminate access:

For breach of these Terms.
For regulatory or legal reasons.
For suspected fraud or misconduct.

16. ELECTRONIC COMMUNICATIONS

The User consents to receive communications electronically. Such communications shall constitute valid legal notice.

17. FORCE MAJEURE

The Company shall not be liable for failure to perform due to events beyond reasonable control, including natural disasters, system failures, or government actions.