Terms & Conditions
All that you need to know!
Program Terms and Conditions – Dhani Credit Line
- Dhani Credit Line is a virtual credit line product (“Product”) offered by Dhani Loans & Services Limited, a registered non-banking financial company with Reserve Bank of India (“Dhani”) under the brand name “Dhani” on Dhani mobile application or website or any other interface approved by Dhani(“Platform”), to its select customers (“you”/ “your”) that are approved and authenticated basis its internal policies and processes for offering loan products. All customers using the Platform and availing the Product are subject to these terms and conditions (“Terms”).
- Further in order to facilitate faster delivery of the Product to its customers and for transactions to be completed using the prepaid wallet, Dhani has partnered with TranServ Private Limited, a registered prepaid payment instruments operator with Reserve Bank of India (“TranServ”), which shall act as a prepaid wallet provider on behalf of Dhani through its mobile application and website www.dhanipay.in, under the brand name of “Dhani Pay” (“Dhani Pay Platform”). Your use of the Dhani Pay will be you deemed acceptance of these Terms and Dhani pay prepaid account Terms and conditions. You hereby give your free consent to Dhani to share your KYC details and documents with TranServ for the purpose of setting-up of Dhani Pay wallet as a full KYC prepaid account, and you undertake not to hold Dhani responsible for use of the information, data or documents provided by Dhani to Transerv. You understand that Transerv will verify your details and documents shared by Dhani before setting-up your Dhani Pay wallet. You also declare that the information provided above with respect to my account is up to date and correct. You agree and consent to Transerv collecting, storing, sharing and processing information (including sensitive personal information) related to you from or with our affiliates/group companies, or third parties/service providers for the purposes as set out in these Terms and for providing you with other offers and/or information. You hereby agree and acknowledge that Transerv shall have the sole and absolute discretion for (a) setting-up of your full KYC Dhani Pay prepaid account or (b) cessation/ suspension of the your Dhani Pay prepaid account.
- You understand and agree that the credit limit (“Credit Limit”) provided under the Product are subject to Dhani sole discretion and internal criteria. You further understand that by choosing to avail the Product, you have availed a personal loan product from Dhani and shall alone be liable to Dhani for any default in the dues to be repaid by you to Dhani or any other breaches in the terms of the MTC. You also understand and agree that Dhani may at its sole and absolute discretion reduce and/or cancel the Credit Limit at any time, with or without prior notice and without assigning any reason to you including due to reasons deemed fit by Dhani and/or default by you on existing loan(s). You shall be bound by such reduction or cancellation in the Credit Limit and hereby confirm that Dhani shall not be liable to you or any person in any manner whatsoever on its decision to recall or reduce or cancel the loan limit.
- Disbursement Request
- Your application for the Product shall be processed as per the policies, standard practice of Dhani and the loan shall be deemed to have been disbursed once the loan amount or any part thereof is transferred from Dhani’ account to your Dhani Pay wallet. Following events, any one or a more, will be considered deemed valid as a “Disbursement Request” by you –
- Instruction on Dhani Pay Platform for loading funds into your Dhani Pay wallet using the Product; or
- Upon presenting Dhani Pay RuPay card at a merchant establishment (either online or offline) and in the event you do not have sufficient balance in Dhani Pay wallet to complete the transaction at the merchant establishment, then in that case, you give your unequivocal consent to TranServ to send a request to Dhani for drawing down the requisite amount from the Credit Limit into your Dhani Pay wallet. Pursuant to this, your Credit Limit will be reduced to the extent credit is availed. Aforesaid fulfilment of the Disbursement Request is subject to requisite criteria and availability of sufficient Credit Limit in your account; and
- Such other event that may be added from time to time.
- Upon receipt of a Disbursement Request, Dhani shall disburse (but not obligated unless satisfied) the loan directly to Dhani Pay wallet on behalf the customer availing the Product. The payment of outstanding amounts, interest charges, processing fee and any such charges on such disbursal of loan will be as per the MTC, also mentioned on Dhani Pay Platform.
- All amounts disbursed in Dhani Pay wallet will be governed by the Terms and Conditions of Dhani pay prepaid account.
- Dhani is running a special offer where customer will get 100% conversion of Dhani Cash to Real Cash on availing Instant Credit Line. The offer is valid till 15th September 2020.
- You understand that the Product is available only for loading funds to the Dhani Pay wallet. This remains subject to modification by Dhani at all times.
- You understand and accord your consent that by availing the Product, Dhani will be loading your Dhani Pay wallet on your behalf and extending a personal loan repayable in installments with interest and processing fee (as applicable). You will be liable to pay Dhani (and no other entity), the outstanding amounts due under the Product as per the payment schedule and the terms mentioned on the Platform or Dhani Pay Platform.
- You understand and acknowledge that upon availing disbursement using Product, every instance of Disbursement Request shall be treated as a separate loan id issued on the respective date of disbursement.
- You understand, acknowledge and provide your unequivocal consent to Dhani that in the event of failure to pay the outstanding amount by the due date, Dhani shall have the right to debit your bank account registered with them through Electronic National Automated Clearing House(e-NACH) or any other repayment option provided on the Dhani mobile app or Dhani Pay Platform. Any delay in payment may lead to cancellation/suspension of any further order(s) or activity or purchases or returns on the Platform, till such time that the outstanding amount is cleared by you.
- You also agree and understand that the foreclosure charges applicable on the loan availed by you will be as Dhani’ prescribed rates under MTC.
- Upon the occurrence of an event of default, the actions shall be initiated by Dhani as per the MTC. Also Dhani at its sole and absolute discretion will withdraw the Product availed by you– either partially or fully. You also authorize Dhani/TranServ to block your Dhani Pay wallet and utilize the fund available in Dhani Pay wallet towards recovering of the loan(s) availed by you.
- You understand that in the event of any fraudulent or suspicious transactions under the Product, Dhani reserves the right to suspend/cancel the Credit Limit offered and take all actions it deems fit under law
- You further agree and acknowledge that Dhani Pay Platform is a prepaid payment platform on which the Product if offered by Dhani. You shall not hold Dhani liable for any deficiency in service by TranServ in extending Dhani Pay wallet to you nor shall TranServ be liable for any default in payment or any other defaults by you to Dhani.
- Upon providing your consent which will be obtained during the registration/application process, you understand that Dhani shall have the right to access and store the following: (i) your SMS; (ii) contact list in your directory; (iii) call history; (iv) location; and (v) device information to determine your eligibility and enhance your credit limit, if applicable. If you provide this consent, you accept that such information will be accessed by Dhani for checking your eligibility for the Product or for enhancing your credit limit under the Product. In the event that you do not provide Dhani with such consent to access such information, Dhani will not be able to access this information and therefore will not be able to check your eligibility and consequently, may not be able to grant/enhance your credit limit. Your contact information may also be shared with third party agencies, who shall be responsible for the collection of dues payable by you under the Product. In the event that you withdraw your consent to the use of this information in the future, Dhani will stop collection of such data but continue to store the data and use it for internal purposes to further improve its products/services.
- Governing law and Jurisdiction:
These Terms are governed by and shall be construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms.
- Disclaimer and No Warranties
- The Platform and Dhani Pay Platform provide services on an “as is” and “as available” basis. The Platform and Dhani Pay Platform expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The Platform and Dhani Pay Platform makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected.
- Links to Other Websites
The Platform and Dhani Pay Platform may contain links to third-party websites that are not owned or controlled by Dhani or TranServ. Neither Dhani nor TranServ has any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Platform and Dhani Pay Platform, you expressly relieve Dhani or TranServ from any and all liability arising from your use of any third-party website and Dhani or TranServ shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site. The content, accuracy, opinions expressed and other links provided by other third party sites are not verified, monitored or endorsed by Dhani or TranServ in any way. Dhani or TranServ does not make any warranties, and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through other third party websites.
Dhani and TranServ employs appropriate technical and organizational security measures at all times to protect the information Dhani and TranServ collect from you. The Platform and Dhani Pay Platform use multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, Dhani or TranServ cannot guarantee its absolute security. Further, you are responsible for maintaining the confidentiality and security of your login id and password, and may not provide these credentials to any third party.
- Limitation of Liability
IN NO EVENT SHALL DHANI OR TRANSERV OR ENTITY OWNING OR HOUSING THE PLATFORM AND DHANI PAY PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND DHANI PAY PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DHANI’S OR TRANSERV’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM AND DHANI PAY PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM AND DHANI PAY PLATFORM BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE PLATFORM AND DHANI PAY PLATFORM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND DHANI PAY PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DHANI OR TRANSERV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify and hold Dhani or TranServ, as the case may be, (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform and Dhani Pay Platform.
The trademarks, logos and service marks (“Marks”) displayed on the Platform and Dhani Pay Platform are the properties of Dhani and TranServ, respectively. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the world wide web without the written permission of Dhani or TranServ (as the case may be) or such third party which may own the Marks. All information and content including any software programs available on or through this Platform and Dhani Pay Platform (“Content”) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through this Platform and Dhani Pay Platform for commercial or public purposes.