Terms & Conditions
PC Financial Pvt Ltd whose
registered office is Rajeev Kumar Agrawal S/o Sri P.S.Agrawal 32-B, Pocket ‘A’ Sukhdev Vihar, New Delhi
- 110025 (hereinafter shall be referred to as "CashBean" or "Company" or "us" or "we" are the owner of
the mobile application by the name CashBean ("App") and website at
www.cashbean.in ("Website") (App and Website are hereinafter together
referred to as the "Platform").
As a user ("User" or "You") of the Platform, You understand that Platform provides
access between multiple Users in the form of consumers, financial institutions, data partners and other
partners lenders, borrowers, service providers etc. with a view to facilitate lending and borrowing
activities, including providing other financial products i.e. insurance products, credit cards etc.
between the Users.
It is hereby clarified that the term "Users" shall mean any person using the Platform
i.e. consumers, financial institutions, regulated entities, data partners and other partners. Your use
of this Platform implies that You have read, understood and agreed to abide by following, disclaimer,
terms & conditions ("Terms & Conditions").
These Terms & Conditions read together with our privacy policy govern Your usage of
the Platform and the terms for the purchase of the Products from the Platform (“Product”). If You
disagree with any part of these Terms & Conditions, please do not use the Platform.
Please read these Terms & Conditions carefully before accessing or using our
Platform. By accessing or using any part of the Platform, You agree to be bound by these Terms &
Conditions. If You do not agree to all the terms and conditions of this agreement, then You may not
access the Platform or use any services provided by Us.
1. GENERAL
The App provides access to an online platform bringing together consumers, financial
institutions, data partners and other partners willing to abide by the Terms & Conditions herein.
CashBean is merely a facilitator providing the Platform for any person in need of financial products.
CashBean provides various kind of personal loan products as specifically detailed under Clause 2 to its
Users.
CashBean is merely facilitates a transaction between two such persons (i.e. Users).
CashBean is not an organization registered with the Reserve Bank of India and does not hold any license
to engage in any activities relating to lending or borrowing. CashBean is not a Financial Institution
under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being
in force in India. CashBean is also not a deposit taking company or a chit fund or a company offering
any investment schemes as per the rules and regulations for the time being in force in India.
CashBean is a service provider facilitating the access between financial institutes
and non-banking finance companies willing to lend and person in need of borrowing. The final decision as
regards lending and borrowing is also subject to the choice of the respective Users in their respective
capacities as lenders / borrowers / users of other financial products as set out in the Platform.
CashBean, through its Platform displays various products provided by its partners or third parties. In
addition to the foregoing, CashBean also provides certain other services with respect to data analytics
subject to these Terms & Conditions.
In the event You wish to avail any of the Products displayed on the Platform, You
will be required to provide certain information and our representatives may contact You through phone or
email to understand Your requirements.
CashBean provides various services, including but not limited to (“Services”):
- 1、Facilitating purchase and sale of Product between the Users on its
Platform;
- 2、Assisting its customers to obtain a Product from various banks who are
partnered with CashBean;
- 3、Assisting its Users to obtain their credit report through authorized
agents partnered with CashBean. CashBean will monitor and update the credit report obtained by the
customer through the use of the Platform as and when CashBean receives such report from the
authorized agents;
- 4、Provision of support to the Users in verifying the financial
capabilities of Users;
- 5、CashBean will also provide You with spend analysis which analyses Your
income and expenses which is obtained by CashBean by way of bank SMS scraping and through its
integration with service provider.
- 6、Provision of a social score based on User’s Facebook, Twitter,
Linkedin or any other social media accounts that are linked with User’s account on the Platform.
- 7、In the event You have registered Your phone number on the ‘Do Not
Disturb’ registers with Your network provider, You shall ensure to take all steps to enable the
Company’s representative’s to contact You via phone to provide details about different financial
products and You shall ensure that such calls received by You are pursuant to You providing Us with
information and You shall not register a compliant with the relevant authorities for the same.
For the provision of the above mentioned Services, CashBean will be using and sharing
the information of the User with multiple financial institutions and other parties, as may be required
for the purpose mentioned above and CashBean shall also run multiple credit checks to be able to get the
best available offers to suit the needs of the Users. The collection, storing, use and transfer of
information shared by the User shall be governed in accordance with the Privacy Policy.
2. ELIGIBILITY
The User of this Platform unequivocally declares and agrees that the User is a
natural / legal person who has attained the age of at least 18 years and is legally allowed to enter
into a contract in India. The User is allowed to utilize the Services in accordance with the terms and
conditions detailed hereinafter. By registering on the Platform, the User hereby undertakes to agree and
abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions,
or otherwise violates an agreement entered into through the medium of the Platform, CashBean may
terminate the User’s membership, delete his/her profile and any content or information posted online by
the User on the Platform and / or prohibit the User from using or accessing the Platform at any time in
its sole discretion, with or without notice, including without limitation if CashBean believes that User
is under the age of 18 years.
3. ACCEPTANCE OF TERMS AND CONDITIONS
As a User of this Platform, You have agreed to the Terms & Conditions provided
hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform.
You are advised to read and understand the said Terms & Conditions and in case You do not wish to agree
to these Terms & Conditions, please refrain from using the Platform.
CashBean reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms & Conditions, at any time without any prior written notice to the User. It is
the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes.
User’s continued use of the App or Website following the modification of these Terms and Conditions will
imply the acceptance by the User of the revisions.
4. YOUR ACCOUNT
If You wish to use the Platform, You are required to maintain an account and will be
required to furnish certain information and details, including Your name, email id, contact number and
any other information deemed necessary by CashBean and as further detailed in the Privacy Policy. You
are responsible for maintaining the confidentiality and security of Your account, password, activities
that occur in or through Your account and for restricting access to Your computer to prevent
unauthorized access to Your account. You agree to accept responsibility for all activities that occur
under Your account or password. You should take all necessary steps to ensure that the password is kept
confidential and secure and should inform us immediately if You have any reason to believe that Your
password has become known to anyone else, or if the password is being, or is likely to be, used in an
unauthorized manner. Please ensure that the details You provide Us with are true, correct, accurate and
complete. Upon CashBean gaining knowledge of having any reasonable suspicion that the information
provided by You is wrong, inaccurate or incorrect, CashBean shall immediately terminate Your account
without any notice to You in this regard. In the event of any changes to the information shared by You
at the time of registering Yourself on the Platform, You shall be responsible for forthwith notifying
the said changes to Us.
You can access and update most of the information You provided us on the ‘dashboard’
area of Your account after You log-in or by writing to Us at
cashbean.help@gmail.com. The right to use this Platform is
personal to the User and is not transferable to any other person or entity.
You shall at all times abide by the Terms and Conditions stated herein and any breach of these
conditions may also lead to CashBean terminating Your account and appropriate civil and criminal
remedies will be sought against You as provided under the laws of India.
5. PRIVACY
CashBean collects certain information from You in order to provide the Services.
CashBean’s use of Your personal information is governed in accordance with the Privacy Policy.
6. LICENSE AND ACCESS
CashBean grants You a limited license to access and use the Platform for availing the
Services, but not to download any material from it (other than page caching) or modify it, or any
portion of it, except with express written consent of CashBean and / or its affiliates, as may be
applicable. Any unauthorized access to the Platform or any networks, servers or computer systems
connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the
Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly
permitted by these Terms & Conditions, is not permitted. This license is non-transferable and does not
permit any resale or commercial use of this Platform or its contents; any downloading or copying of
account information for the benefit of anyone other than Your use; or any use of data mining, robots, or
similar data gathering and extraction tools. The Platform or any portion of the Platform (including but
not limited to any copyrighted material, trademarks, or other proprietary information) may not be
reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any
commercial purpose without express written consent of CashBean and / or its affiliates, as may be
applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license
granted by CashBean.
You are permitted to use content delivered to You through the Service only on the
Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further,
You agree not to reverse engineer or reverse compile any of the Service technology, including but not
limited to, any Java applets associated with the Service.
7. MONITORING OF THE PLATFORM AND YOUR ACCOUNT
CashBean has the right and liberty to monitor the content of the Platform at all
times which shall include information provided in Your account. The monitoring of the Platform /
Platform is important to determine the veracity of the information provided by You and that every User
remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions
mentioned herein, CashBean shall also have the liberty to remove any objectionable content which is in
contravention of the Terms & Conditions herein or share such information with any governmental authority
as per procedures laid down by the law for the time being in force in India.
8. SERVICE SUSPENSION
CashBean may wish to stop providing the Services, and may terminate use of it at any
time without giving notice of termination to You. Unless CashBean informs the User otherwise, upon any
termination, (a) the rights and licenses granted to You in these terms will end; and (b) User must stop
using the Platform forthwith. CashBean reserves the right to suspend or cease providing any Service and
shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.
9. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, You are
prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g)
to upload or transmit viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate Your use of the Service or any related
website for violating any of the prohibited uses.
10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Notwithstanding anything to the contrary contained herein, neither CashBean nor its
affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any
liability to You or to any third party for any indirect, incidental, special or consequential damages or
any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum
extent permitted by law, You waive, release, discharge and hold harmless CashBean, its affiliated and
subsidiary companies, and each of their directors, officers, employees, and agents, from any and all
claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the
Platform.
As a User, You also acknowledge that CashBean has maintained and carried out all
possible checks and balances to assure the credibility of the Users as listed on the Platform. The
information provided on the Platform is based on the information that is provided to CashBean. In case
the User does not disclose any information to CashBean, and the same is not found out at the first
instance by CashBean despite all measures adopted to certify the ratings or credibility of a User,
CashBean shall not be responsible for any claims or liabilities. CashBean in any event is not
responsible for any default in return of money that is borrowed from the lender and the lender shall
have the exclusive right to initiate proceedings against the defaulter borrower. CashBean shall to the
best of its abilities aid the concerned User in terms of provision of information to initiate any legal
proceedings. However, CashBean shall not be responsible for any default on behalf of the User. CashBean
is an information platform and the User is entitled to conduct its own diligence before taking any steps
to initiate the processes outlined in the Website.
CashBean does not make any representations or warranties on behalf of the financial
service providers, banks or NBFCs partnered with CashBean with respect to the financial products / loans
provided by such partners. CashBean shall be responsible only to the extent of providing the Services
and all liabilities and obligations of the customers / User with respect to the financial products
provided by the partners shall be governed by the separate agreement executed between such financial
partners and the customers and CashBean shall have no liability in this regard whatsoever.
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT
OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY 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 NONINFRINGEMENT. COMPANY
MAKE 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 AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU FURTHER AGREE THAT NEITHER COMPANY OR THIRD PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES,
ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS
OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY
OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE / PLATFORM; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES,
(iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; EVEN IF THE PROVIDER HAS
BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE
SERVICE. THE MAXIMUM LIABILITY OF CASHBEAN SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO THE
COMPANY FOR THE SERVICE.
11. INDEMNITY
You agree to indemnify, save, and hold CashBean, its affiliates, contractors,
employees, officers, directors, agents and its third party associates, licensors, and partners harmless
from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including
without limitation legal fees and expenses, arising out of or related to Your use or misuse of the
Services or of the Website or App or Platform, any violation by You of these Terms & Conditions, or any
breach of the representations, warranties, and covenants made by You herein or Your infringement of any
intellectual property or other right of any person or entity, or as a result of any threatening,
libelous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. CashBean
reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which
You are required to indemnify CashBean, including rights to settle, and You agree to cooperate with
CashBean’ defense and settlement of these claims. CashBean will use reasonable efforts to notify You of
any claim, action, or proceeding brought by a third party that is subject to the foregoing
indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms &
Conditions.
12. ADVERTISERS/ THIRD PARTY LINKS ON THE PLATFORM
CashBean accepts no responsibility for advertisements contained within the Platform.
CashBean has no control over and accepts no responsibility for the content of any website or mobile
application to which a link from the Platform exists. Such linked websites and mobile applications are
provided “as is” for User’s convenience only with no warranty, express or implied, for the information
provided within them. CashBean does not provide any endorsement or recommendation of any third party
website or mobile application to which the Platform provides a link. Further, the Users consent and
agree that the content provided in the Website and the App shall be synced and shall be available in
both mediums.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at CashBean’s request, You send certain specific submissions (for example contest
entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree
that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.
You agree that Your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that Your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise
mislead Us or third-parties as to the origin of any comments. You are solely responsible for any
comments You make and their accuracy. We take no responsibility and assume no liability for any comments
posted by You or any third-party.
You are licensing to the Company and its service providers, any information, data, passwords,
materials or other content (collectively, “Content”) You provide through or to the Service. Company and
service provider of Company may use, modify, display, distribute and create new material using such
Content to provide the Service to You. Company and Service Provider may also use, sell, license,
reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived
through Your use of the Service. By submitting Content, You automatically agree, or promise that the
owner of such Content has expressly agreed that, without any particular time limit, and without the
payment of any fees, Company and its third party service provider may use the Content for the purposes
set out above. As between Company and third party service provider, Company owns Your confidential
account information.
14. ACKNOWLEDGEMENTS
You acknowledge that CashBean is a platform bringing Users together and that the
CashBean is not engaged in either grant of loan or borrowing any money or assistance for any financial
products from any member using the CashBean Platform. You acknowledge that the use of the financial
products is entirely based on the negotiations between the Users and third party and neither CashBean
nor its affiliates, contractors, employees, officers, directors, agents and their third party
associates, licensors and partners have any interest with regard to any financial products assistance
procured by or to a registered User. You acknowledge that CashBean will not be responsible for any claim
or damage in case of use of the financial products. CashBean in no manner warrants or guarantees the
performance of a third party service provider that is providing services through the App. You
acknowledge that CashBean in no manner guarantees that the Users have provided all the information on
this App which is true and correct including his address, phone numbers etc. You acknowledge that it is
Your responsibility to verify the information about the person on the Platform and CashBean is in no
manner liable if the information provided on this App is untrue or incorrect. You acknowledge that
CashBean is in no manner responsible for any claim of money or damages in the event one person fails to
either grant loan or a person fails to repay the loan or misrepresents his financial status or commits a
fraud or cheating or any other such illegal act.
15. APPLICABLE LAWS
Your use of this Platform and any Term & Conditions stated in this agreement is
subject to laws of India. In case of any disputes arising out of the use of the Website, Courts of
Bangalore will have exclusive jurisdiction.
16. GRIEVANCES
Users have complete authority to file a complaint/ share feedback if they are
disappointed by services rendered by CashBean. They can give their complaint/ feedback in writing or by
way of an email to the following: