PERPETUITY CAPITAL TERMS OF USE

We at Oracle Marketing Private Limited ("our","us", "we", "Company","Perpetuity Capital") have developed the Perpetuity Capital mobile application ("App") and website (“Web”)are happy to have you with us. Please read these terms of use ("Terms") carefully before you use the App since they constitute the agreement between: (a) you; (b) us; (c) Oracle Marketing Private Limited, ("Lending Partner"); The Lending Partner/s shall collectively be referred to as ("Affiliates").

For your ease, we have provided summaries of some crucial Terms. However, in case of any conflict between the summaries and these Terms, the Terms shall prevail.

These Terms incorporate the following documents (including all their variants and updates) by reference: (a) Perpetuity Capital Privacy Policy; and (b) the agreement(s) executed by you (and co-applicants, members, nominees, if any) for availing the Services (as defined in the Sections below) from us and our Affiliates. By accessing or using the Services of our Affiliates, you agree (on behalf of yourself and your co-applicants, members, nominees, if any) to be bound by these Terms and to the collection and use of your information as set forth in the Perpetuity Capital Privacy Policy.

All our Services are subject to applicable laws, government notifications, the rules, regulations and guidelines issued by the Reserve Bank of India ("RBI"), and any other regulatory bodies defining the rules/regulations governing the offer of any Services on the App and Web.

We may revise these Terms as well as update the App and Services from time to time, so please keep visiting this page regularly. If you do not agree with any part of these Terms, please stop using the App immediately. If you have any queries or concerns regarding these Terms, please contact our Grievance Officers (please refer Clause 4 of Section 1, Clause 4 of Section 2 and Clause 4 of Section 3 below for details of our Grievance Officers).

SECTION 1: LENDING PARTNER SERVICES

1. SCOPE OF SERVICES

• Eligibility: You may use our Services only if you are legally permitted to do so under applicable laws. If we discover that any person using our Services is not capable of entering into a legally binding contract, we may immediately terminate their Account (as defined below). Do note that if you avail a (a) vehicle loan through the App/web, the terms of the loan will be governed by the applicable User/Vehicle Loan Agreement; and the terms of the loan will be governed by the loan agreement, sanction letter, applicable undertakings and hypothecation documents executed with the Lending Partner.
• What you get from us: Perpetuity Capital allows you to acquire (a) a vehicle loan from our Lending Partner in a seamless and paperless manner; Perpetuity Capital may provide a combination of the following facilities to our users (“Services”): (A) enabling you to avail vehicle/car/bike loans. We may add or subtract from the Services we are providing from time to time.
• Signing up to use our Services: In order to use the App, you must create a profile (“Perpetuity Capital Account”) with us through the App or Website. To create a Perpetuity Capital Account, you must provide us with your phone number, which we will authenticate with a one-time password. You must also permit us to gain access to your Financial SMSes, contacts, location data, storage and such other device data as we may require to provide our Services to you. You have to provide us with the following details (with supporting documents to the satisfaction of our Lending Partner):

  e. marital status;
  f. residential details;
  g. employment type and place of work;
  h. monthly income;
  i. PAN;
  j. Details of vehicle
  k. Such other documents and/ or information as may be requested by the Lending Partner from time to time.

You should add the information and documents requested in the manner prompted on the App. If you revoke any of the mandatory permissions sought by the App required for fraud prevention, collections and underwriting purposes, then you will not be able to avail the Vehicle/Car/Bike Loan and have limited usage of the App. You will also be required to appoint us as your, and your co-applicant's authorized agent to access your, and your co-applicant's credit information from various credit information companies (such as EQUIFAX, CIBIL etc.).

We and the Lending Partner reserve the right to store information on your device in the form of cookies or similar file for purposes of modifying the App to reflect your preference. The App and web is deemed to be in use when it is loaded in a temporary or permanent memory of your device.

The Perpetuity Capital Privacy Policy details the nature and type of information we collect and process (either for ourselves or on instructions and on behalf of our Lending Partner) to enable the setting up of a Perpetuity Account, completing the Know-your-Customer (“KYC”) processes or to provide such information to our Lending Partner as it may need to process your loan. If the information provided by you does not, in our sole discretion based on our internal policies, amount to reliable information or appears to be fraudulent, then we will not allow you to open a Perpetuity Capital (PC) Account and you shall not be eligible to apply for a loan using the App. If we discover any deficiency in the information provided by you on a later date, then we may terminate your PC Account. Please note that we may add further verification procedures in the future, whereby you may be required to provide us with more information.

2. LOAN PROCESS - HOW IT WORKS

• Your loan is going to be sanctioned by our Lending Partner and be governed by the applicable Loan Agreement. The details of such loan, however, shall be shown on the App.
• Once your Perpetuity Capital Account has been set up, then basis the information you provide us and the information we collect from your device and through other lawful means (as detailed in the Perpetuity Capital Privacy Policy), we will inform you of the maximum amount you are eligible to borrow from our Lending Partner. Basis this, you may decide the loan amount you wish to apply for and the monthly instalments you are willing to pay. Once you input these parameters, our Summary: Through your Perpetuity Capital Account, we help you discover the maximum amount you are eligible to borrow from our Lending Partner and the terms on which our partner might lend to you. Our Lending Partner will, alone, decide whether to offer you the loan or not. If you have availed a vehicle loan or any other lending product, the terms of your loan will be provided in the User Loan Agreement executed between you and our Lending Partner. Lending Partner takes the decision on what amounts to loan you, and will provide you with the terms of the loan and interest rates you are likely to be charged by our Lending Partner.
• Once these parameters have been provided and you decide to move forward with availing a loan from our Lending Partner, you will be required to undertake a KYC process with us. The KYC process must satisfy our Lending Partner. Our Lending Partner may further ask for any documents and information it would require for its internal processes, in order to sanction your loan.
• If you are availing a vehicle loan, once you accept the proposed loan terms and clear the KYC process to the satisfaction of our Lending Partner, we will direct you to a User Loan Agreement to be executed between you and our Lending Partner.
• If you are availing a vehicle/car/bike loan, you consent to the verification of (a) you and your co-applicant’s data by us and the Lending Partner; and (b) any other data relevant to the processing of the loan application. Thereafter, once you accept the proposed loan terms, clear the KYC process and provide property documents to the satisfaction of our Lending Partner, a Loan Agreement will be executed between you (including your co-applicants, if any) and our Lending Partner, such offline methods, as intimated by the Lending Partner.
• You will be required to issue appropriate auto-debit instructions for your bank account to repay the loan amount, prior to disbursal. These cannot be changed or cancelled during the term of the loan. The App/Web will display the details of the EMI, including the due date and amount payable, as well as whether your payment was received or not, from time to time. Our Lending Partner shall directly transfer the loan amounts to the bank account of your choice, other than vis-à-vis the vehicle loan product, where our Lending Partner may directly transfer the loan amounts to the bank account specified in the Sanction Letter. Prior to making this transfer, however, our Lending Partner will need to verify your bank account.
• Please note that a copy of your loan agreement, due dates for payment of EMIs, amount of EMI due, manual repayment of EMI and other updates on your loan are provided by us through the App or Web. Given these reasons and for facilitating a seamless digital lending journey you are advised not to remove the App from your mobile device until the loan has been repaid. In case you need to remove the App from your mobile device, please write to us at [email protected] . The customer support team will reach out to help you with this. Please note, however, that fraudulent deletion of the App with an intention to avoid repayment of the loan shall amount to breach of these Terms.

3. DISCLAIMERS AND LIMITATIONS

Perpetuity Capital only helps you gain access to loans, i.e., we are only a facilitator. You are contracting a service directly with our Lending Partner. We accept no responsibility for the provision of loans or its consequences. Our responsibility is limited to connecting you to the Lending Partner, displaying your loan eligibility and the terms of your loans. We accept no responsibility for the terms that we communicate to you in good faith. We are not liable for any losses that may occur as a result of the acts or omissions of the Lending Partner. We do not accept responsibility for any amounts transferred to your bank account or any remittance to your account that has failed. However, we shall undertake all reasonable steps to ensure such actions do not take place. In case you are facing any issues on the amount remitted to your account, please write to [email protected] immediately.

The App and Web Services are provided on an “as is” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the App, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. In no event shall we or any of our Affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the App.

Availing loans carries a risk and you should speak with your trusted advisors and/or financial consultant before availing any debt of any kind, whether from Perpetuity Capital or otherwise.

In the event any exclusion contained herein is held to be invalid for any reason and we or any of our Affiliates, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to the loan amount availed by you.

4. GRIEVANCE OFFICER

In order to address any questions or grievances that you may have regarding the use of App or Web Services, please contact our Grievance Officer in the following manner:

Name: Mohit Dujari
Email: [email protected]
Address: 33 A Jawaharlal Nehru Road, 20th Floor Suite A3, Kolkata 700071

SECTION 2: GENERAL

If you avail any Services from us or our Affiliates, Section 4 of this Terms will be applicable to you.