Terms of Use (“TOU”)

We Homeville Consulting Private Limited (“Company”, “our”, “us” or “we”) having CIN : U74999PN2017PTC170407, a technology company building a housing credit enablement network through its technology driven platforms, owns and operates a digital mortgage platform “HomeNxt.com” (description of services defined here within and modified from time to time) (“HomeNxt” or “Website”) and are happy to have you as our user (“you”, “your”, “user”, “home loan applicant”, “co-applicant” or “guarantor”) with us. Please read these Terms of Use (“TOU”) carefully before you use the Website since they constitute the agreement between: (a) you; (b) us; (c) Singularity Creditworld Private Limited (“Subsidiary”); and (d) banks/financial Institutions lending in residential housing sector (“Financial Partners”). Subsidiary and Financial Partners shall collectively be referred to as (“Mortgage Partners”).

This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website.

By accessing this Website or registering your information on the Website, the users agree to be bound by this TOU. This TOU along with Privacy Policy and Disclaimer that is provided separately on the Website, describes our relationship with you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific service that is provided by this Website and they shall be deemed to be incorporated into this TOU and shall be considered as part and parcel of this TOU.

1. Description and Acceptance of Services

Company, has developed “HomeNxt.com” Website to provide a digital home loan experience in a seamless manner through its Mortgage Partners, by combining smart technology, based on your financial health and sanction subject to verification of information and documents provided (“Services”). The said services are provided on a commercially reasonable effort basis and you agree that your participation for availing the above mentioned services is purely at your will and consent.

You agree and authorize Company to share your information with its affiliates, agents, agencies, mortgage partners, credit information bureau and any other entity to verify any information such as residence verification, employment verification, telephone verification, document verification, credit check, credit analysis, reference check etc, and shall not hold Company liable for use or disclosure of this information. You unconditionally agree and accept that such information if found inconsistent may be construed as misrepresentation to the Company, and agree that Company shall have every right to report to its regulatory and/or any other entity/authority and shall take necessary action as deemed fit.

You agree and authorize Company to share your information with its subsidiaries, mortgage partners, and any other entity, in so far as required for joint marketing purposes for offering services and shall not hold Company liable for use or disclosure of this information.

2. Website access by User

You acknowledge and agree that Company and its Mortgage partners owns all legal right, title and interest in the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company`s prior written consent. The contents of the Website, including its “look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are owned/licensed by the Company, Mortgage partners, affiliates, and authorized agents, and are duly protected by them under applicable copyright, trademark and other laws.

You acknowledge and agree that Company grants you a limited access of the Website for availing its Services. Any unauthorized use by you shall terminate the permission or license granted to you. By using the Website you agree not to:

1. host, display, upload, modify, publish, transmit, update or share any information that —
   1. belongs to another person and to which the user does not have any right to;
   2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   3. harm minors in any way;
   4. infringes any patent, trademark, copyright or other proprietary rights;
   5. violates any law for the time being in force;
   6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   7. impersonate another person;
   8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. use this Website or its contents for any commercial purpose;
3. make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
4. access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
5. violate the restrictions in any robot exclusion headers on this Website or bypass or restrict or circumvent other measures employed to prevent or limit access to this Website;
6. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
7. deep-link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
8. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

3. Privacy Policy

By using the Website, you hereby consent to the use of your information as we have outlined in our Privacy Policy that is provided separately on the Website. This Privacy Policy explains how Company treats your personal information when you access the Website and use their Services. It is clarified that the Privacy Policy, forms an integral part of these Terms of Use and should be read in conjunction.

4. Eligibility

You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the Company.

5. Your Registration/Account

If you wish to participate in or make an offer in connection with the services, you will have to register with us for generating your “User account” or “Login ID”. That Login ID and password, together with any mobile number or other contact information you provide, form your (“Registration Information”). You agree and understand that you are solely responsible for maintaining the confidentiality of your User account which allows you to access the Service. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information or any other breach of security. You agree to accept responsibility for all activities that occur through your account or password. Because of this, we strongly recommend that you exit/ logout from your User account at the end of each session. You further agree that Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Company.

You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by or through Company. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services. Additional terms and conditions will apply to your services. Please read these additional terms and conditions carefully.

6. Procedure for availing services

You acknowledge and agree that once your user account has been set up with your Registration Information, then basis your eligibility we will inform you of the maximum home loan amount you can avail from our Mortgage partners. Basis this, you may decide the home loan amount you wish to apply for and the monthly instalments you are willing to pay. Once you input these details and you decide to move forward with availing a home loan from our Mortgage Partners, you will be required to provide consent to appoint the Company, or their Mortgage partners as your authorized representative to receive your credit information from Credit Information Bureaus. You also unconditionally consent to and instruct the credit bureaus to provide your credit information to Company, it's subsidiaries and it's Mortgage partners on a monthly basis. You further agree and authorize Company, or their Mortgage partners to contact you in relation to your credit information report from Credit Information Bureaus.

You agree that our Mortgage Partners shall take the decision on your eligibility for sanction of home loan at its sole discretion, and provide you with the terms of the home loan and interest rates you are likely to be charged for availing home loan. You further agree for KYC/ V KYC process with our Mortgage partners as required by our Mortgage Partners. You will be required to provide documents, in the form and manner acceptable by our Mortgage Partners for its internal processes, in order to sanction your home loan.

You agree for providing your consent to the verification of (a) you, co-applicant and guarantor’s data by us and the Mortgage Partners; and (b) any other data relevant to the processing of the home loan application. Thereafter, once you accept the proposed home loan terms, clear the KYC process and provide documents to the satisfaction of our Mortgage Partners, a Home Loan Agreement will be executed between you (including your co-applicants, if any) and our Mortgage Partner, as intimated by the Mortgage Partners.

You agree that Company or their Mortgage partners have right to report your loan details to Credit Information Bureau. In case of delay in repayment of loan such reporting might impact your CIBIL score.

7. Customer Due Diligence requirements (CDD)

You agree and acknowledge that for undertaking any financial transaction through the website, Company through its Mortgage Partners may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of home loan requirements with the banks/financial institutions, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules. Please note that your Aadhaar number (wherever submitted) shall never be disclosed as per regulatory guidelines. Company through its Mortgage Partners may obtain sufficient information to establish, to its satisfaction, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and Mortgage Partners. You agree and acknowledge that Company through its Mortgage Partners can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable PMLA Act and rules.

8. Submitted Content

By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Company shall not be responsible for any content you make available on or through the Website. At Company`s sole discretion, such content may be included in the Service (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant Company alongwith its group companies, mortgage partners, and any other entity a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

9. Third Party Links/Offers

This Website may provide links to other websites or resources. Since the Company has no control over such third party websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

10. Disclaimer of Warranty

You expressly understand and agree that your use of the Services, and all information, products, other services and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services are provided on an “as is” and “as available” basis. Company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.

The Company expressly disclaim all warranties of any kind as to the Services, and all information, services and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Company and its subsidiaries, affiliates, business partners, service providers, make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any services, information, or other material obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.

Services offered by the Company’s Mortgage partners, may change in accordance with the brand guidelines or other terms and conditions applicable to each of the Mortgage partners of the Company. You further undertake that by initiating a transaction, you are entering into a legally binding and enforceable contract with these business partners of the Company, to avail the services as may be permitted by applicable laws and as may be accepted by the Company.

The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees that the Company may charge will be intimated to the users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Company shall be in Indian Rupees. Your continued use of the Company shall be deemed as an acceptance of the amended terms of the TOU.

Use of services provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the services provided on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.

In addition to this TOUs, the terms and conditions of the bank or other financial institution shall also be applicable to every user. The Website disclaims any liability arising out of declining of services by such bank or financial institution.

The Company and its Mortgage Partners shall not be held responsible and shall bear no liability in case of failure or delay of delivering the services including any damage or loss caused to you due to such delay. No deliveries of the services shall be made outside the territorial boundaries of India.

11. Refund & Cancellation Policy

You agree that Company will charge a non-refundable convenience fee for facilitating the loan to be availed by you and you agree to pay the same. This fee may not be refundable even if the loan is cancelled for any reason whatsoever. Further, there will be no cancellation of the services once you avail the home loan amount.

12. Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither Company nor its subsidiaries, financial partners, affiliated companies, officers, directors, employees or any related party shall have any liability to the User 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 TOU. You will waive/release, will not hold Company or its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from/for all claims, losses, damages, liabilities, expenses and causes of action arising out the use of the Website.

Company, subsidiary companies, or its affiliates and each of their directors, officers, employees, and agents will not be responsible or liable for any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind whether based in contract or otherwise, that arise out of or is in any way connected with any failure or delay, performance, non-performance (including without limitation the use of or inability to use any component of the Website), any damages to or viruses that may infect your computer equipment or other property as the result of your access to the website or your downloading of any content from the website.

Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s)/ Services on this Website, if applicable.

13. Indemnity

You agree to indemnify and hold Company (and its subsidiaries, affiliates, financial partners, officers, directors, agents 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 your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Website.

You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services. You agree to defend, indemnify, and hold harmless the Release from and against any and all Losses resulting from claims made against the Company by third parties arising from and in connection with this Authorization.

14. Electronic Communication

When you use the Website or send emails to the Company and its Mortgage partners, you are communicating electronically and you consent to receive communications from Company and its Mortgage partners electronically. Company and its Mortgage partners may communicate with you by email, or by posting notices on the Website, or by phone call, or SMS, or WhatsApp, or instant messaging services, or usually available means of communication. In this context, you agree and consent to receive all communications at the mobile number registered with us, and the consent herein shall override any registration for DNC/NDNC. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Modification and Notification of Changes

Company reserves the right to make changes to the Website, related policies and agreements, this TOU and the Privacy Policy at any time subject to applicable regulations. If you have not used the Website for more than 30 days, we encourage you to periodically review and check the updated TOU and/or Privacy Policy with effective date mentioned below, prior to any further use of the Website. Checking the effective date allows you to determine whether there have been changes since the last time you reviewed the statement. Should you wish to terminate your account due to a modification to the TOU or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: wecare@homenxt.com. If you choose to continue using the Website, you agree that by doing so you will be deemed to accept the new TOU or Privacy Policy, as relevant.

16. Proprietary Rights

You acknowledge and agree that Company own all legal right, title and interest in the Website and Services. You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company's prior written consent.

Unless you have agreed otherwise in writing with Company, nothing in the TOU gives you a right to use any of Company’s, its subsidiary’s and website’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (whether such rights are registered or not).

Unless you have been expressly authorized to do so in writing by Company, you agree that in using the Services, you will not use any trade mark, service mark, trade name, 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.

17. Intellectual property

All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by Indian laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited.

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Company and other associated parties and financial partners. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Websites on the World Wide Web without the written permission of Company or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.

You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.

The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.

18. Additional Terms and Conditions

Company reserves the right to discontinue or suspend, temporarily or permanently, the Services by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.

You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.

Company, its affiliates and Mortgage Partners reserve the right to store information on your device in the form of cookies or similar file for purposes of modifying the Website to reflect your preference. The Website is deemed to be in use when it is loaded in a temporary or permanent memory of your device.

19. Force Majeure

Without limiting the foregoing, under no circumstances shall the Company and its affiliates be held liable for any damage, loss, loss of services of website, due to deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

20. Governing Law, Settlement of Disputes and Jurisdiction

These TOU and any action related thereto will be governed by the laws of India. Any disputes arising out of or related to the TOU, the website, or the Services shall be subject to the jurisdiction of the courts located in Mumbai. Any dispute, controversy or claim arising out of or in relation to this TOU, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.

21. Survival of TOU

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, repayment of loan, governing law & arbitration and general provisions shall survive the efflux of time and the termination of these TOU.

22. Complaints and Grievance Redressal

Any complaints or concerns with regards to Content of this Website or comment or breach of these Terms of Use or any intellectual property of any User, shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email signed with electronic signature.