Last updated: September 10, 2024
Instaclaus Fintech Private Limited, a company incorporated and validly existing under the Companies Act, 2013, having corporate identification number U62099GJ2023PTC141360 and its registered office at 8, Noble Residency Vrundav, Thaltej, Ahmedabad, Gujarat – 380 059, India (hereinafter referred to as "us", "we", "our" or "Instaclaus") has developed and solely owns 'Instaclaus', the mobile application available on the Google Playstore and the iOS Appstore (the "App") and the website 'instaclaus.com' (https://instaclaus.com/) and the related mobile sites (collectively, the "Website"). Instaclaus makes the App available for download and the Website available for access to the end-users of the App and/ or the Website (hereinafter referred to as "you" or "User"), subject to these Terms of Use ("Terms").
These Terms shall constitute a binding contract between Instaclaus and you when you download the App or access the Website. Downloading and installing the App and/ or accessing the Website shall be deemed to constitute sufficient proof that you have read, understood and accepted these Terms. Together with the Privacy Policy (as defined in these Terms), these Terms constitute the entire rights, obligations and remedies in respect of your use of the App and the Website.
If you do not agree to these Terms, you must not proceed to download the App or use the Website.
Without prejudice to any other specific requirement which may be laid out in these Terms, your use of the App or the Website and specifically, your acceptance of these Terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
"Affiliates" mean any bodies incorporated which are controlled by, control, or under common control with, Instaclaus, whether by virtue of owning, including as a beneficiary, the majority of voting capital or the by having the right to appoint a majority on the board of directors or other management, or both.
"Instaclaus" means Instaclaus Fintech Private Limited, a company incorporated and validly existing under the Companies Act, 2013, having corporate identification number U62099GJ2023PTC141360 and its registered office at 8, Noble Residency Vrundav, Thaltej, Ahmedabad, Gujarat – 380 059, India.
"NBFC(s)" means Oriental Finstock Services Private Limited and / or any other non-banking financial company registered with the RBI, which has engaged Instaclaus as a Lending Service Provider to inter alia provide Digital Lending services including, but not limited to, customer acquisition, assistance with KYC verification, servicing, monitoring and recovery of loans.
"RBI" means the Reserve Bank of India.
"Services" means the services as detailed under paragraph 2 (Description of the App, Website and the Services) and shall include any other service that Instaclaus may provide in future.
"user" and "you" means any person who has consented to becoming a user and has accessed the App and the Website or avails the Services offered by Instaclaus.
In addition to the above, the terms "Digital Lending", "Lending Service Provider" and "Digital Lending Application" shall have the meaning ascribed to the terms under the RBI's Guidelines on Digital Lending dated September 2, 2022.
Instaclaus provides a payroll financing platform by entering into direct arrangements with certain select entities ("Corporate Employers") and the NBFC(s) and facilitating short term loans to the employees of the Corporate Employers (the Users) in a simple and secure manner. Instaclaus provides the services through inter alia its website 'instaclaus.com' (https://instaclaus.com/) and the 'Instaclaus' mobile application available on the Google Playstore and the iOS Appstore.
The website(s) and / or mobile application(s) offer onboarding, verification, loan application services, PAN authentication, document verification, bank account validation, seamless disbursements, customer care services, and automated payment services, which may be provided by Instaclaus or other third party service providers, and which the User may opt to avail. The website(s) and mobile application(s) also act as a Digital Lending Application.
Please note that Instaclaus is not a lender and does not provide any loans or other credit facilities to the users. Instaclaus merely operates the App and the Website to facilitate its users in availing credit facilities from the NBFC(s).
By downloading, installing, using, and accessing the App and the Website or by utilising the Services in any manner, you hereby give your unconditional consent to:
If you do not agree to any of these Terms or the Privacy Policy or any other policy or term requiring your consent or deemed consent for using the App or the Website or for utilising the Services, please do not download or use the App or the Website in any manner whatsoever.
INSTACLAUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN RESPECT OF ITS APP, WEBSITE AND SERVICES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, COMPATIBILITY WITH THE USER'S SYSTEMS, NETWORKS AND MOBILE DEVICES, AND FITNESS FOR A PARTICULAR PURPOSE. IT IS FURTHER CLARIFIED THAT INSTACLAUS IS NOT PROVIDING TO THE USER ANY WARRANTY OR COVENANT ON THE QUALITY OR SERVICE PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER. SEPARATELY, WHILE INSTACLAUS SHALL, ON A BEST EFFORT BASIS, ENDEAVOUR TO SUPPORT ALL WEBSITES, WEB APPLICATIONS AND MOBILE OPERATING SYSTEMS, IT DOES NOT GUARANTEE ITS FULL SYSTEM COMPATIBILITY.
INSTACLAUS WILL MAKE BEST EFFORTS TO SECURE THE CONTENTS OF THIS SITE AGAINST UNAUTHORISED ACCESS BY USING REASONABLE AND COMMERCIALLY JUSTIFIABLE SECURITY MEASURES, HOWEVER, INSTACLAUS ACCEPTS NO LIABILITY FOR ANY CLAIMS ARISING OUT OF UNAUTHORISED ACCESS ON THE APP AND THE WEBSITE.
IN NO EVENT SHALL INSTACLAUS, ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ABUSE OR BREACH OF DATA), EVEN IF INSTACLAUS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (a) THESE TERMS, (b) THE APP AND THE WEBSITE, (c) YOUR USE OR INABILITY TO ACCESS THE APP AND THE WEBSITE; OR (d) ANY OTHER INTERACTIONS WITH ANOTHER THIRD PARTY IN CONNECTION WITH THE APP AND THE WEBSITE.
You acknowledge and agree you have entered into these Terms in reliance upon the Disclaimers and the Limitation of Liability set forth, that the Disclaimers and the Limitations of Liability set forth herein reflect a reasonable and fair allocation of risk between you and Instaclaus, and that the Disclaimers and the Limitation of Liability set forth herein form an essential basis of the agreement between you and Instaclaus.
The App or the Website may contain links to other websites of third party service provider, corporate partners (including the Corporate Employer), Affiliate companies of Instaclaus and the NBFC(s). The Website and the App may also contain links to external websites, having further linked websites, controlled or offered by third parties, to help you find relevant websites, services and/ or products which may be of interest to you, quickly and easily.
The contents displayed or products/ services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by Instaclaus. Instaclaus is also not responsible for the owners or operators of such external websites or for any products or services they supply or for the contents of their websites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these.
Instaclaus and its licensors, if any, shall be the sole and absolute owners of the App and the Website, including but not limited to the ideation for the App and the Website, the copyright in all content on the App and Website and all trademarks, designs, logos and other insignia of trade used on the App and Website and elsewhere while providing the Services, each and all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other jurisdictions.
Any imitation and plagiarism of any part of the App or the Website shall entail immediate termination of these Terms without prejudice to the other rights and remedies of Instaclaus, including for civil wrongs and criminal offences.
In addition to any consent you may give pursuant to the Privacy Policy, you hereby consent to:
At its own discretion, Instaclaus reserves the right to alter, suspend, limit or withdraw any or all of the Services available on the App and the Website in respect of one or all users at any time, with prior notice of 1 (one) business day. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the App or the Website with no liability to Instaclaus. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Notwithstanding anything to the contrary in these Terms, Instaclaus may terminate your use of the App or the Website at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
Without prejudice to the foregoing, Instaclaus reserves the right to terminate these Terms without notice and without liability to you on becoming aware: (A) that you have violated these Terms, the Privacy Policy or any other guidelines and rules published / available on the App and the Website; (B) of any excessive or inappropriate usage of the App and the Website; (C) of any risk of unauthorised access to the App and the Website or the Services; and (D) upon any illegal usage of the App and the Website or the Services.
You acknowledge that no method of transmission over the internet or electronic storage is perfectly secure. Nevertheless, it is the policy of Instaclaus to use third party payment processing systems that comply with such security standards prescribed under the applicable laws.
Please read the privacy policy on the site of any payment processor that you are directed to regarding the use, storage and protection of your financial information (including any account details, card details or transaction details) before submitting any financial information.
All information that you provide to us or our third party payment processor must be accurate, current and complete. You expressly represent and warrant that you have the legal right to use the payment means, if any, used to initiate any financial transaction on the App and the Website.
The accuracy and completeness of information/data/details so entered by you shall be solely your own risk. In the event of any discrepancy and wrong credit/remittance/payment, Instaclaus shall not be held responsible in any manner.
You hereby agree to defend, indemnify and hold harmless Instaclaus, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the App or the Website or our Services; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (d) your breach of the terms of your contract. This indemnification obligation shall survive these Terms, your use of the App or the Website and availing the Services.
You hereby acknowledge that all information accessed by you with the usage of various existing application solutions or any future application that may be developed by Instaclaus from time to time is confidential information ("Confidential Information"). You hereby agree that during the term of your usage of the App and the Website, and thereafter for so long as the Confidential Information is not in the public domain, you shall take all reasonable care and precautions to prevent other parties from gaining access to the Confidential Information.
The foregoing obligations of confidentiality shall not apply if the Confidential Information: (i) is already in your knowledge prior to the accessing the Confidential Information; (ii) is or becomes publicly known through no wrongful act or breach of your obligations hereunder; (iii) is rightfully received from third party other than by reason of a breach of any obligation owed to Instaclaus hereunder; (iv) is independently developed by you without reference to Confidential Information provided by Instaclaus; (v) is approved for release by written authorization by Instaclaus; or (vi) is disclosed pursuant to the order of a regulatory agency or court of law.
Any data accessed by you on the App and the Website will be used only for the purpose for which it was authorized or obtained by you and shall not be used for any other purposes. The data shall also be purged once the requirement is completed.
These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws' provisions.
The App and the Website is controlled and offered by Instaclaus, its Data Partners (as defined in the Privacy Policy) and its third party service providers from their facilities in India. If you are a user outside India, please take note Instaclaus is subject only to Indian law and only to the jurisdiction of Indian courts.
Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the courts in Ahmedabad.
Any notice required to be given to Instaclaus under these Terms shall be sent by registered mail or recognized courier to the address first set out above.
If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a "Force Majeure Event"), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue.
Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.
No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
The right to use the App or the Website is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.
You hereby consent to receive on your registered email/ phone promotional and marketing communication about various products, services and offerings from Instaclaus, vendors or third parties may make available in relation to the Platform.
At Instaclaus, it is our endeavour to provide the best in customer service. All our products, services and policies are built around the core attributes of customer friendliness and convenience. However, there can be instances where our users are not satisfied with the services provided.
Please reach out to us using the below contact information to redress any grievances or queries that you may have in relation to this Terms or our products:
Mr. Mukesh Desai Grievance Redressal Officer mukesh.desai@instaclaus.com 8, Noble Residency Vrundav, Thaltej, Ahmedabad – 380 059, Gujarat, India
Please note that Instaclaus' grievance redressal mechanism addresses only the issues related to our App, Website and/or our Services. Instaclaus, in no way, can address the issues that you may have with the NBFC(s), your Corporate Employer or any other third party.
If your complaint is not resolved within the 30 (thirty) days, you can lodge a complaint over the Complaint Management System portal hosted by the RBI under the Reserve Bank – Integrated Ombudsman Scheme, 2021.