Terms & Conditions

By continuing to use this website under the creditcase.in domain and the mobile application ‘creditcase’ (collectively referred to as “the Platform”), You agree to be bound by the terms and conditions (“Terms”) set out below. Please read the Terms carefully. If You do not agree to the Terms in their entirety, please do not use or access the Platform.

1. Definitions

“Associate Companies” shall mean CASE Platforms Private Limited (formerly known as “Smallcase Technologies Private Limited”), Windmill Capital Private Limited, Anchorage Technologies Private Limited, and Nexum Finvest Private Limited.

“Company” or “EIMPL” shall mean Essential Investment Managers Private Limited.

“Group” shall collectively mean the Company and Associate Companies.

“Intellectual Property Rights” shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.

“Services” shall mean providing access to the Platform and the credit facilitation services provided by the Company on the Platform through partnerships with various RBI-registered NBFCs/Banks (“Lenders”), enabling users to avail credit facilities from the Lenders.

"User" or "You" shall mean any person, who accesses, uses, installs, or views the Platform (even if You do not avail the Services provided).

"User Data" shall mean any personal and/or sensitive data, information, User transaction data including but not limited to: Aadhaar number and personal information such as Your name, address, date of birth, telephone number, gender, e-mail address, location, proof of identity, and other financial and credit information relating to You, including but not limited to bank details, account information and other details.

2. Services

1. While You access the Services, the Company will act on Your express instructions, and any actions/transactions carried out on Your behalf shall be subject to Your sole consent, discretion and responsibility;

2. For enabling the Services related to credit facilitation, the Company shall partner with corporate entities such as NBFCs/Banks that are registered with the Reserve Bank of India (“RBI”);

3. In order to offer the Services to You, You may be required to create a User profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to You. You hereby grant Your express authorisation to the Company to access, collect, store, and use such data for providing the Services;

4. The Company is required to collect User Data, in accordance with these Terms and the Company’s Privacy Policy available for viewing here;

5. You hereby acknowledge, agree and grant Your express authorization to the Company and Associate Companies that the information shared by You on the Platform or received by the Company and Associate companies from various intermediaries and third parties may be shared within the Company, Associate Companies and other third parties. The information pertaining to You, so shared within the Group, may be used by the Group companies to create Your account / profile with such Group companies, in order to make new features or shared experiences and products available to You in a seamless manner and for such Group companies to send communications to You. Further, in order to provide the Services (including access to the Platform), the Company may be required to create a User profile that may be linked to third-party platforms or Associate Company’s platforms as may be necessary or requested by You subject to verification. The registration of the User profile shall require the Company to retain certain User Data for providing a safe and efficient User experience;

6. You hereby acknowledge, agree and grant Your express authorization to the Company to utilise for various business purposes (credit facilitation, tracking services, etc.) and/or share with regulated entities (Banks, NBFCs, credit information companies) for various legal or regulatory reasons (such as for performing KYC check), the information pertaining to You.

7. We may use third-party service providers to help us analyze certain online activities. For example, these service providers may help us analyze visitor activity on the Platform. We may permit these service providers to use cookies and other technologies to perform these services for us.

8. You hereby acknowledge, agree and grant Your express authorization to the Company to share Your information including personal information to third parties including Associate Companies to enable the provision of Services to You and/ or to carry out technical, logistical and other functions on the Company’s behalf (for example, sending emails or newsletters to You).

9. You hereby acknowledge, agree and grant Your express authorization to the Company and Associate Companies to receive Your investment, financial, personal and other data from different third parties and intermediaries to provide Services on the Platform.

10. We may use authorised third-party service providers to power payment transactions on our platform. Further, as per the applicable regulations, we may use tokenization services from certified third-party service providers to facilitate card transactions on our Platform. The third-party service providers use/process such information and further transfer your information to the card networks (such as Visa, Mastercard). Such third-party service providers have the necessary rights to use/process/transfer such information to provide tokenisation services in accordance with the applicable regulations. Such third-party service providers are PCI-DSS compliant. We do not store any information that is provided by you to facilitate such card transactions on our Platform.

11. You hereby grant your authorization to the Company to securely fetch, store, and utilise your data from financial information providers via RBI-regulated account aggregators to enable provision of Services to You on the Platform. Fetching of such financial information is not in the nature of providing investment advisory services.

12. You acknowledge and agree that the data provided to You via the account aggregators is on an ‘as-is’ basis, and the Company does not independently verify the correctness or accuracy of the same.

13. You hereby grant your authorization to the Company to securely store and share your data fetched from financial information providers via account aggregators with its Associate Companies and other third parties to, inter-alia, enable the provision of Services to You and/or for any other lawful purposes as may be required.

14. You agree that the records maintained by the Company in respect of the instructions/transactions effected using our Services shall be sufficient proof of such instructions/transactions;

15. The Company and/or Associate Companies shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by You, and the Company shall be entitled to cancel or refuse to offer the Services to You without any notice or obligation to provide reasons;

16. The accuracy and confidentiality of the information provided by You shall always be subject to the software and hardware used by You, including the capability of Your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services;

17. By accessing the Platform and on the basis of Your interaction and/or actions on the Platform, You are making a request for us to send You communications in relation to the Services, through WhatsApp, Platform notifications, email or any other appropriate medium/channel (“User-requested Communication”). Such User-requested Communication includes: 

1. Notifications/alerts related to ongoing, incomplete or completed instructions/transactions pertaining to the Services available on the Platform

2. Information/alerts/notifications on new/enhanced offerings in relation to the Services 

3. Updates/information/alerts relating to various features, functionalities & tools available on the Platform

4. Information/update on the Services

You understand and acknowledge that the User-requested Communication(s) are sent based on You accessing the Platform and Your interactions/actions on the Platform.

18. By accessing the Services through the Platform, You represent that (a) You are competent to contract with the Company and (b) You consent to these Terms;

19. The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Associate Companies may find necessary to make, and You acknowledge that the Company or the Associate Companies shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;

20. The Company may amend these Terms, the Privacy Policy, Disclosures or such other terms as it deems necessary from time to time, and You acknowledge and understand that Your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time. You should periodically review these Terms, the Privacy Policy and the Disclosures for any latest amendments. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes Your acceptance of the changes and the amended Terms, the Privacy Policy and the Disclosures. However, if You do not agree with the changes, please do not continue to use the Services or submit information to us.

21. The Company is a SEBI-registered non-individual investment advisor. The Company does not provide any advisory services on the Platform. For more information on the advisory services provided by the Company, please visit this website. Please refer to the below section for the non-advisory Services rendered by the Company on the Platform:

1. The Company provides credit facilitation services on the Platform through partnerships with various RBI-registered NBFCs/Banks (“Lenders”), enabling you to avail credit facilities from the Lenders, via a separately identifiable non-advisory department which works at an arm’s length from the advisory department of The Company. 

2. You declare that you have read, understood and agree to the disclosures made by The Company here.

3. The Company  has associated with Bajaj Finance Limited to enable you to avail loan against securities, offering interest rates ranging between 10% to 14% per annum.

4. EIMPL will share the data, details & documents provided by you or collected on the Platform with Bajaj Finance Limited in order to facilitate credit facilities.

5. The required data, details & documents referred above will be shared with Bajaj Finance Limited/other partner Lenders only if and when you submit an application for availing the credit facility.

3. Content in the Services

You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps code, language and interactive features generated (“Content”), which has been provided to You on the Platform, are the sole responsibility of the Associate Company or third party who has provided such Content. The Company shall not be held responsible for any Content which You may find offensive or objectionable on any Associate Company or third-party website. 

You acknowledge that neither does the Company endorse the accuracy of the advertisements and promotional material presented to You on the Platform or as part of the Services by any third-party advertisers nor does the Company own the intellectual property rights in respect of such material. 

4. Restrictions

Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:

1. You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent Yourself as an agent or reseller of the Platform and the Services, or any part thereof;

2. You agree not to misrepresent Yourself as or impersonate any other person, or otherwise cause harm to any person;

3. You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;

4. You agree that You are granted a non-exclusive license for the purpose of enabling You to use and access our Platform and Services. Except with our prior written consent, You may not assign (or grant a sub-license of) Your rights to use the Services or otherwise transfer any part of Your rights to use the Services.

5. You agree not to violate any applicable laws, whether or not intended by You;

6. You represent and warrant that You possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms.

7. You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, or unlawful content, including content which is harmful to children, objectionable or results in a breach of privacy of any other person, content which is insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force in India;

8. You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services or any related computer resource, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;

9. You agree that You shall have no right to the intellectual property and any proprietary information made available or accessible through the Platform or the Services;

5. User Obligations

1. The User undertakes to:

   1. be responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer/mobile/device to prevent unauthorised access to Your account.

   2. be responsible for all activities that occur under Your account or password.

   3. 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 unauthorised manner.

   4. ensure that the details You provide us with are true, correct and complete and inform the Company immediately of any changes to the information that You provided when registering.

   5. not use the Services for any illegal purposes or for the violation of any applicable laws or regulations.

   6. not to copy, reproduce, recompile, decompile, assemble, disassemble, distribute, publish, display, modify or upload to, create derivative works from, transmit, or in any way exploit any part of the Services, except for downloading material from the Services for his /her own personal, non-commercial use.

   7. agree to receive periodic alerts and newsletters.

   8. ensure that You obtain all necessary rights to the content You post or share on the Platform.

   9. ensure that Your activities on the Platform are not in violation of the applicable laws and regulations (including the RBI-prescribed regulatory requirements from time to time).

   10. ensure that You engage only with the RBI-registered lenders to avail credit products/services.

6. Intellectual Property Rights

You acknowledge and agree that the Company, Associate Companies or their respective licensors, own all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services. 

Unless You receive our express authorization in writing, You agree that in using the Services or accessing the Platform, You shall not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

You further acknowledge that our Services may contain information that is designated as confidential by the Company and that You shall not disclose such information without the Company’s prior written consent.

7. Exclusion of Warranties

1. The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;

2. The use of the Platform and the Services is at Your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;

3. Nothing in these Terms shall exclude or limit Your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in Your jurisdiction will apply to You and our liability will be limited to the maximum extent permitted by law. 

4. We further do not represent or warrant to You that:

   1. Your use of our Platform and Services will meet Your requirements;

   2. Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;

   3. Any information obtained by You as a result of Your use of the Platform and Services will be accurate or reliable.

5. You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at Your own discretion and risk and we shall not be liable for any damage to Your computer system or other device or loss of data that results from the download of any such material.

6. No advice or information, whether oral or written, obtained by You from us or from the use of Services shall create any warranty not expressly stated in these Terms.

7. We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

8. Miscellaneous

1. The Company, the Associate Companies and their respective affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for: 

   1. 1. 1. any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however, caused and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Services or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not enforceable and whether or not we have been advised of the possibility of such damage.

         2. any loss or damage incurred by You owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by Your use of our Services; and

         3. which may be incurred by You, including but not limited to loss or damage as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertisement appears on the Platform or Services.

2. You agree to indemnify and keep the Company, Associate Companies, their respective affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by such party related to any User Content posted or transmitted by User during the use of the Platform or Service or any unauthorised use of the Platform or Service in contravention of this Terms.

3. The Disclosures and the Privacy Policy shall be read to form a part of these Terms;

4. These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction of Bengaluru, India. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose;

5. The Company shall be absolutely entitled to terminate Your use of the Platform and the Services in the event of any breach of these Terms by You, or otherwise, any event which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to You, without any notice or obligations whatsoever.