This Agreement supersedes any previous Agreement to which you and MicroGraam may have been bound. This Agreement may be modified by MicroGraam in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by MicroGraam on the Website. Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
MicroGraam Marketplace Private Limited manages the Website, which matches you and other persons (each, a "Lender" and, collectively, "Lenders") with micro entrepreneurs in various countries (each, a "Borrower" and, collectively, "Borrowers") in need of affordable capital. In most instances, these Borrowers are considered "high risk" by traditional lenders for a variety of factors, including, but not limited to, the Borrowers' lack of credit history, financial instability, foreign exchange rate fluctuations, use of the loan proceeds for entrepreneurial endeavors and the risks inherent in a "start up" business, and geographic location. Please carefully review the Website section entitled "Risk and Due Diligence" which highlights the various risks associated with the lending structure utilized by MicroGraam and explains in greater detail the role played by MicroGraam, the Field Partners, the Lenders and the Borrowers.
By participating in the Program or otherwise using this Website, you hereby acknowledge and agree that (a) MicroGraam makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part and (b) loans made via the Website (each, a "Loan") are unsecured and bear a high risk of non-repayment. Loans made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security.
An individual who is eligible to lend in India, this includes a resident of India and a person designated as a non-resident Indian, whom do not hold money lenders licenses. A non-resident Indian can make a social investment from their NRO and NRE bank accounts and make online transfers in Indian Rupees
Is a natural person above the age of 18 years or an artificial person being a company, partnership, association of persons, society or a trust not being a bank, financial institution, or a non-banking financial institution, or has any direct or beneficial interest in a bank, financial institution, or a non-banking financial institution in any manner, and which does not engage in the business of lending as its primary activity;
A person, not being a person who has been involved, or is connected with any unlawful activity;
A person who is either a salaried employee, self-employed person, independent professional or is engaged in any other occupation or profession for profit or otherwise, but does not carry on the business of lending as a profession
The eligibility of a lender(s) may be altered or modified by MicroGraam at any time at its sole discretion to include additional classes of users or restrict the classes of existing users without intimating you. If you are a "lender" within the purpose of the Money Lenders Act, you shall disclose the same to MicroGraam, and provide details of your license as and when required by MicroGraam. If you fail to disclose the above details, MicroGraam will have the right to immediately terminate your account.
To ensure that these Eligibility Criteria are always maintained, MicroGraam reserves the right to limit the amount of the finance or the number of grants made by a User. This may be done using various controls, such as suspending account activity, intimating the User, or removing the User from the list of Users available to the End Users.
"MicroGraam"and the "MicroGraam" logo are trademarks and service marks of MicroGraam. MicroGraam or its licensors own and retain all proprietary rights in the Program, the Website and all material and information posted thereon ("Content"). The Website contains the copyrighted material, trademarks and other proprietary information of MicroGraam and its licensors. You may display and print limited copies of the Content for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express, written permission of MicroGraam. In addition, to the extent you receive information from MicroGraam, its Field Partners or the Borrower with respect to any Loan delinquency or default of a particular Borrower, you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower (either directly or through the corresponding Field Partner or MicroGraam) has opted to have his or her identity withheld on the Website.
If you post any messages or other information on the Website, you agree that such messages and information shall be considered Content, and you agree to grant, and shall be deemed to have automatically granted to MicroGraam an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such information and content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, such information and content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license.
To the extent you upload or post any photographs of yourself on the Website, you agree that such materials shall be considered Content for the purposes of the foregoing paragraph, and you agree to release, discharge and agree to hold harmless MicroGraam from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of such materials, including any claims of infringement of any rights of publicity or rights of privacy.
You acknowledge, consent and agree that MicroGraam may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of MicroGraam, its users, or the public.
Although MicroGraam assumes no obligation to monitor the conduct of any User off the Website, it is a violation of this Agreement to use the Website or any information obtained from the Website in order to harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or joining lending teams in bad faith), or in order to contact, advertise to, solicit, or sell to any User, Field Partner, Borrower or other Person without their prior explicit consent. In order to protect such persons from such advertising or solicitation, MicroGraam reserves the right to remove content from the Website that violates acceptable use in MicroGraam's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that MicroGraam deems appropriate, in MicroGraam's sole and absolute discretion.
The Website includes features and functionality whereby a User may post and transmit information, images and other materials. All such information, images and materials, whether publicly posted or publicly or privately transmitted, are the sole responsibility of the User who originates such content. MicroGraam assumes no obligation to monitor or control such posted or transmitted content and cannot take responsibility for such content posted or transmitted by a User. However, MicroGraam reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and from all MicroGraam services and Programs at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to upload, post or submit any content, including, but not limited to, written materials or images, that in MicroGraam’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
MicroGraam is not responsible, and shall have no liability, for any incorrect or inaccurate Content posted on the Website or any liability, cost or expense you may incur in connection with the Program, whether caused by any User, Field Partner, Borrower or other Person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Field Partners are not liable for content created and posted by MicroGraam on the Website. MicroGraam is not responsible for the conduct, whether online or offline, of any User of the Website or any other Person. With respect to the Website, MicroGraam assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will MicroGraam be responsible for any loss or damage, including personal injury or death, resulting from any use of the Website or participation in the Program, any Content posted on the Website or transmitted to, or any interactions between, any Users of the Website, whether online or offline. MicroGraam neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Website or the Program.
THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES.
MicroGraam makes no representation or warranty, express or implied, with respect to any third party data provided to MicroGraam or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. MicroGraam will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by MicroGraam or "force majeure" or any other cause beyond the control of MicroGraam.
MicroGraam shall not be responsible for any act or omission which could be attributable to a default of any other person over which MicroGraam does not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client; provided, however, that the company shall be fully responsible for all acts or omissions of its subcontractors or other assigns
MicroGraam shall not be liable for any inability to render any of the services by reason of any failure, delay or inability of the Lenders, Field Partners and/or Borrowers to agree on terms and conditions for the loan agreement.
MicroGraam and the Lenders, Field Partners and/or Borrowers sole remedy and the MicroGraam's sole liability to the Lenders, Field Partners and/or Borrowers in the platform and for any other claim arising in connection with this defect shall be the correction or repair of such breach or defect or the replacement of the defective or non-conforming portion of the platform
In no event shall MicroGraam, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site. MicroGraam uses its best endeavour to ensure the confidentiality and secrecy of user information and authorization. If the authorization code has been lost, misplaced, or revealed to another person, MicroGraam should be immediately intimated of the same, failing which, you may be liable for the following consequences:
Honouring any instruction given through your account using your authorization or identification code;
Any alteration, deletion or dissemination of your confidential information about you in the account/profile maintained by you on MicroGraam;
Any unlawful act or authorization carried out using the stolen identification and authorization codes.
MicroGraam shall not be liable for any loss or damage arising out of or in connection with:
Any error or inaccuracy in the data entered by you or any other user;
Any negligence, breach of contract, misrepresentation or willful misconduct in relation to the loan contracts or other uses of the online trading platform.
Waiver: Failure by MicroGraam to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
External Links: The Website contains links to other Internet sites and telephone numbers for Services provided by other service providers. The availability of such third party sites, services or material does not constitute any form of recommendation, advice, endorsement or publication of any such third party sites, services or material and MicroGraam is not responsible for their availability or content. Links to other websites are provided by MicroGraam as a convenience to its users. MicroGraam is not responsible for the materials contained at any website linked to this site.
Unlawful Or Prohibited Use: As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any local or governmental body in India, or these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MicroGraam website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any MicroGraam server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
This service is available only to both residentsof India and non-resident Indians, above the age of 18 years of age. MicroGraam does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations. Non-residents are required to understand the lending restrictions which are applicable, as stated on the website of the Reserve Bank of India (http://rbi.org.in/home.aspx).
You understand that any and all decisions made by you with respect to the Program are yours alone. MicroGraam cannot and does not verify the accuracy of information from Field Partners, other Users or Borrowers. MicroGraam shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Loan to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will MicroGraam be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if MicroGraam has been advised of the possibility of such damages, costs, losses or expenses.
You are solely responsible for your interactions with any Field Partners, any other User (even to the extent prohibited hereby) or any Borrower and any disputes that may result from such interactions.
MicroGraam reserves the right, but has no obligation, to monitor disputes between you and such persons.
This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and MicroGraam, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in San Francisco. The arbitration shall heard and adjudicated by one arbitrator to be selected by you and MicroGraam. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or MicroGraam may seek any injunctive relief in a state or federal court in San Francisco, California, as may be necessary to preserve rights pending the completion of arbitration and MicroGraam may seek any injunctive relief in a state or federal court in San Francisco, California, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.
This Agreement shall be construed and interpreted in accordance with the laws of India and the courts and tribunals in Bangalore shall alone have the jurisdiction thereof. . If any dispute arises between you and MicroGraam, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the laws of India and the courts and tribunals in Bangalore shall alone have the jurisdiction thereof.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND MICROGRAAM HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold MicroGraam harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
This Agreement will remain in full force and effect while you use the Website, any MicroGraam services, or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and status as a User is terminated. Whether or not you are and remain eligible to participate in the Program, use the Website or any MicroGraam services, may be determined by MicroGraam in its sole and absolute discretion. You may terminate your participation and status as a User at any time and for any reason by sending a written notice of termination to MicroGraam along with instructions for the disposition of your then-available MicroGraam Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active loans), such notice to be effective within 3 days of receipt by MicroGraam. MicroGraam may also terminate your participation in the Program and status as a User at any time and for any reason, effective upon transmission of notice to you at the email address you provide to MicroGraam. Upon such a MicroGraam-initiated termination, your available MicroGraam Credits shall be returned to you within 30 days of account termination and any MicroGraam Credit you may receive in the future shall also be returned to you in due course. If your participation in the Program and status as a User is terminated by MicroGraam, you agree not to use the Website any further.
This Agreement, accepted upon use of the Website and further affirmed by becoming a User, contains the entire agreement between you and MicroGraam regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement.