Definitions:

In this document, the following words and phrases shall have the meanings as set below unless the context indicates otherwise.

• ‘Si Creva Capital Services Private Limited, a company incorporated in India under the provisions of Companies Act 2013 bearing CIN U65923MH2015PTC266425, being a Non-Deposit taking Non-Banking Financial Company, bearing Registration no. N- 13.02129 and having its Registered Office at 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070.
• 'Application Form' - means the Application Form submitted by the Customer for account opening proposition offered by Si Creva Capital Services Private Limited.
• 'Customer' refers to a prospective customer of Si Creva which is willing to borrow the products offered by Si Creva or an existing customer of Si Creva.
• ‘Customer Information’ means Name, Address, Photograph, Date of Birth, Gender, Mobile Number, Email ID, PAN, Last 4 digits of Aadhaar No. and all other details which are submitted by the Customer as part of availing the VCIP services.

Scope of services:

• Video Customer Identification Process (VCIP) is a method of customer identification by an official of Si Creva by undertaking seamless, secure, real-time, consent based audio-visual interaction with customer to obtain identification / customer information including documents/details for customer due diligence purpose and to ascertain the veracity of the information furnished by the customer. V-CIP process will be used to establish an account-based relationship with an individual customer or periodic KYC refresh of the customer as permitted by regulator from time to time. Si Creva may use either OTP based Aadhaar e-KYC authentication or Aadhar Paperless offline e- KYC or Digilocker or CKYC, take customer’s photograph, take photograph of physical PAN card (please note that use of printed copy of equivalent e-document including e-PAN is not valid for the VCIP), obtain live location of customer through geotagging, perform liveliness checks of customer, encrypt data wherever applicable, as permitted etc to establish customer information. If any of questions are Mandatory are incorrectly answered, of if any of the information provided is found unsatisfactory, inaccurate, suspicious, Si Creva shall have the right to reject such application at its own sole discretion. Si Creva reserves the right to implement and/or amend the V-CIP process as permitted by Reserve Bank of India from time to time.
• Subject to these Terms and Conditions Si Creva ,shall provide V-CIP services from time to time to enable Customers to be onboarded by completion of their KYC formalities through V-CIP.

Use of the Services:

• To access the VCIP for the first time, the Customer is required to accept all the terms and conditions governing the use of the services and to provide such information as Si Creva may reasonably specify for identifying such customer.
• By registering to use the VCIP, the Customer warrants that all customer information provided by the Customer to Si Creva in relation to the VCIP is true, complete and up to date. Si Creva shall not be required to independently verify the same.
• The VCIP services are for the sole and exclusive use by the Customer.

Customer’s Undertakings and Responsibilities:

• The Customer undertakes to provide the customer information to Si Creva and authorizes Si Creva to collect and store customer’s all demographic details (including email id and mobile number) available through Aadhaar Paperless offline e-KYC data ( Aadhaar XML) uploaded by the customer on the VCIP portal. In line with the RBI regulations, Customer further irrevocably and unconditionally authorizes Si Creva to

  • capture his/her live location (Geotagging) to ensure that he/she is physically present in India during the VCIP process.
  • use and retain the Customer Information, for KYC verification for the purpose of Account Opening / Re-KYC process.
  • share details with certified personnel, auditors for checking, conducting Vulnerability assessment/ penetration testing (VAPT) and other tests, and as mandated by RBI.

• The Customer shall provide such Information as Si Creva may from time to time reasonably request for the purposes of providing the Services. The Customer shall at all times ensure that:

  • all customer information provided to Si Creva is accurate, complete and up-to-date including, without limitation, the Customer’s address and other contact details.
  • the Aadhaar XML/ Digilocker/ CKYCR uploaded on Si Creva portal is not older than 3 days from the date of download from UIDAI.
• The Customer shall also provide a declaration to the effect that no other account has been opened nor will be opened using OTP based KYC in non-face-to-face mode with any other Regulated Entity, and for other matters (if any) as required per the extant RBI guidelines.
• The Customer understands that all field(s) in the Online Application Form are mandatory (except where specified otherwise) and undertakes that if any field is left blank, or is filled with incorrect or incomplete data, the Online Application Form shall be considered as incomplete and may be rejected by Si Creva. The Customer undertakes, agrees and confirms that any and all information/details/ data/ documents etc. provided by him/her (including PAN details / Form 60, etc.) shall be accurate, up to date, genuine, true and correct in every manner whatsoever.

• Si Creva will take reasonable care to ensure that customer information which is stored or transmitted using the Services remains confidential and is not disclosed to any third parties outside the Si Creva without the Customer’s written permission. However, the Customer authorizes Si Creva to disclose or share Information relating to him or his accounts(as the case maybe):

  • to any agent, contractor or Third Party service provider who provides services to Si Creva in connection with the operation of its business;
  • in respect of the Customer’s application for Third Party Product (if and when made available, apply for any Third Party Product by submitting the relevant application through the intermediary of Si Creva), to the relevant Third Party provider to the extent necessary for the purpose thereof; and
  • where Si Creva is obliged to comply with the orders of courts, government agencies or other lawful authorities anywhere in the world or where it reasonably thinks it necessary in order to give effect to any Instruction or generally to enable Si Creva to provide the services. The Customer and Si Creva shall comply with all applicable data protection laws.
  • The Customer confirms that all persons whose personal or other data is transmitted, processed or otherwise handled, have consented to such transmission, processing or other handling under these Terms in accordance with these laws, or will do so prior to any such transmission, processing or other handling. The Customer further agrees to indemnify and hold Si Creva harmless from all costs, penalties, damages and other losses incurred as the result of any breach of this provision.
• The Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services or any Internet site or any software comprised in them.
• The Services or any marketing/promotional messages displayed as part of the Services should not be regarded as an offer or solicitation to sell investments or make deposits or solicitation to subscribe to any other product or service, to any person residing in a jurisdiction outside India, where it is unlawful to make such an invitation or solicitation.
• The Customer shall indemnify and hold Si Creva harmless from and against any/all consequences arising from the Customer not complying with the provisions of any applicable laws, rules or regulations.

Confidentiality obligations:

• Unless expressly permitted by these Terms, the Customer shall not attempt to:

  • sell, transfer, disclose, assign, convey, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information;
  • remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or
  • incorporate or combine the Confidential Information with any other programs.

• The restrictions on disclosure shall not apply to any Confidential Information :

  • Where its disclosure is required under law and regulation by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to Si Creva ; or
  • Where Si Creva has expressly agreed in writing to its disclosure.
• The Customer agrees that all right, title and interest in and relating to the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of Si Creva and the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to these Terms and Condition is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest.

Liabilities of Si Creva:

• Si Creva will take reasonably practicable steps to ensure that its systems in connection with the services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to it from time to time.
• Neither Si Creva, nor any member of the Si Creva Group warrants or represents that the Services are free from virus or other destructive features which may adversely affect the Customer’s hardware, software or equipment.
• Si Creva may suspend any service provided to the Customer under the Services without notice where it considers it necessary or advisable to do so, for example to protect the Customer when there is a suspected breach of security or Si Creva needs to suspend the Services for maintenance or other reasons. Due to the nature of the Services, Si Creva does not warrant that access to the services shall be uninterrupted, timely, or error free. Si Creva will use reasonable efforts to inform the Customer without undue delay through the services, and/or its Website if any of the Services is not available.

• Unless due to the gross negligence or willful default of Si Creva or their respective officers or employees, and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from or the amount of the relevant transaction (whichever is less), neither Si Creva nor any member of the Si Creva assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with :

  • use of the Services and/or access to any Information as a result of such use by the Customer or any other person whether or not authorized;
  • any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services, in transmitting Instructions or Information relating to the Services or in connecting with the Internet site(s) caused by any acts, omissions or circumstances beyond the reasonable control of Si Creva including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
  • transmission and/or storage of any Information and/or data relating to the Customer, the Services and/or transactions or dealings conducted by the Customer pursuant to the Services through or in any system, equipment or instrument of any communication network provider.
• In no event shall Si Creva, any member of the Si Creva Group be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.
• A successful completion of video KYC doesn’t imply approval for sanctioning of loans. All necessary due diligence and checks will be performed before the corporate entity account is opened.

Liabilities of the Customers:

• The Customer shall be fully liable and responsible for all consequences arising from or in connection with use of the VCIP services and/or access to any Customer Information or report or any other Customer Information as a result of such use by the Customer or any other person whether or not authorized.

• The Customer shall indemnify Si Creva, any member of Si Creva group and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them on account of any incorrect information provided by the customer and Si Creva acting/relying on the said information.

  Further, the Customer agrees, at his/her own expense, to indemnify, defend and hold harmless Si Creva , its directors and employees, representatives, agents, and its affiliates against any claim, suit, action or other proceeding brought against Si Creva , its directors and employees, representatives, agents, and affiliates by a third party, to the extent that such claim, suit, action of other proceeding brought against Si Creva, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with the usage of services with reference to:

  • a violation of the Terms contained herein by the Customer;
  • any unauthorized use of these services;
  • any misrepresentation or breach of representation or warranty made by the Customer contained herein; or
  • any breach of any covenant or obligation to be performed by the Customer hereunder. The Customer agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

SEVERABILITY:

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

WAIVER

Any failure or delay by Si Creva to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Si Creva of that provision or right. The exercise of one or more of Si Creva’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Si Creva under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Si Creva.

“Force Majeure Event” shall mean if performance of Services/Website by Si Creva is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, epidemic, pandemic, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government, regulatory or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Si Creva, then Si Creva shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Si Creva of its obligations herein or incur any legal liability on Si Creva.