These Terms and Conditions (“Terms and Conditions”) are entered into between you (“you” or “user”) and Roctogen Services Private Limited for accessing, registration and interacting with our website, mobile application and any other platform owned and operated by us (“Platform”).
This document / contract / understanding is an electronic record published in accordance with the provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By continuing to use or access the Platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you are advised to not use or access the products on the Platform.
Your access to the Platform signifies your acceptance of these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time without notice, and your continued access of the Terms and Conditions after any modifications will constitute your acceptance of such modifications.
Capitalised Terms and Conditions not defined in the Terms and Conditions shall mean as follows:
“Agreement” means the Terms and Conditions and Privacy Policy of InstaVyapaar including references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
“Borrower” means the Person who is registered as a borrower on the Platform.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively.
“Credit Bureau Information” means CIBIL, Experian, Equifax and CRIF Highmark.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of InstaVyapaar, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, epidemic, flood, explosion, acts of god, civil commotion, riots, insurrection, war, acts of government.
“InstaVyapaar” or “we” or “us” or “our” shall mean Roctogen Services Private Limited, a Loan Service Provider (“LSP”) registered under the Companies Act, 2013, having CIN U74900MH2025PTC442675, and having its registered office at Gala-2, CTS No. 141, Kuber Chembers, Datta Mandir Road, Malad East, Mumbai – 400097, Maharashtra, India. RSPL acts solely as a Loan Service Provider and is not involved in sanctioning, underwriting, or pricing of loans. These functions are solely undertaken by our partner Regulated Entities (“RE”).
“KYC” shall mean Know Your Customer.
“Person” shall mean any natural person, company, corporation, partnership, proprietorship, trust, union, association, government, body of individuals or any agency thereof or any other entity that may be treated as a person under applicable law.
“Platform” means the website, mobile application and any other technology platform owned and operated by Roctogen Services Private Limited.
“RBI” means the Reserve Bank of India.
“Service(s)” shall mean all services extended by InstaVyapaar through its Platform or otherwise.
“User” or “you” shall mean any Person who accesses or uses the Platform and in the event that a natural person is representing a business entity or a body corporate, reference to such Terms and Conditions shall include a reference to such business entity and / or body corporate as well and other promoters of such business entity and / or body corporate. All references to “you” shall include yourself and any other persons you are authorised to and required to provide consent for.
By accessing, logging in, browsing, or using the Platform, you hereby represent and warrant that:
– You are a resident of India.
– You are over 18 (eighteen) years of age.
– You are duly authorized, either individually or as an authorized signatory of an entity.
– You have the capacity to enter into a legally binding agreement.
– You are not barred or legally prohibited from accessing or using the Platform.
– You acknowledge and agree that we own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services.
– You understand that you do not have the right to use any of our trade names, trademarks, service marks, combination marks, logos and domain names. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
– You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in our Privacy Policy as well as compliance with various laws, regulations and guidelines including but not limited to Know Your Customer and Prevention of Money Laundering Act, 2002, promulgated by the Government of India from time to time.
– You will remain responsible for all actions taken through your system, username, and password.
– The information provided by you is true and correct.
– You shall keep us updated of any change in the information provided on the Platform.
– You are not a politically exposed person under Prevention of Money Laundering Act, 2002 and Know Your Customer guidelines.
The software and hardware that support the Platform, as well as other internet-related software necessary for accessing the Platform, are solely our property and/ or our authorised third-party service providers. Your permission to access the Platform does not grant you any proprietary or ownership rights in the aforementioned software / hardware. You are prohibited from attempting to modify, translate, disassemble, reproduce, decompile, or reverse engineer the software / hardware underlying the Platform or creating any derivative products based on the software/hardware. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Platform and all charges related thereto.
The Platform may contain chat areas, learn web pages, blogs, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
InstaVyapaar has no obligation to monitor the Communication Services. However, InstaVyapaar reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. InstaVyapaar reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
InstaVyapaar reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in InstaVyapaar’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your family members in any Communication Service. InstaVyapaar does not control or endorse the content, messages or information found in any Communication Service and, therefore, InstaVyapaar specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
–Review of Terms and Conditions: It is your responsibility to thoroughly review these Terms and Conditions on a periodic basis.
– Use of Information and Materials: The Content contained on this Platform is provided for general information only and should not be used as a basis for making business / commercial decisions. You are advised to exercise due caution and / or seek independent financial advice before availing any facility or entering into any financial obligation based on the content contained on this Platform.
5. Links to third-party platforms
The Platform may contain links to third-party platforms. We do not control or endorse the content, privacy policies, or practices of such third-party platforms. You are advised to access such third-party links at your own risk, and we shall not be responsible for any third-party platforms or the content, products, or services they offer. The content, accuracy, opinions expressed, and other links provided by other third- party sites are not verified, monitored, or endorsed by us in any manner. The Platform has been provided on an “as is” and “as available” basis. Accordingly, we encourage you to read and understand the Terms and Conditions and privacy policy of such third-party platform upon being redirected from our Platform.
You are solely responsible for the Content you post on the Platform. You must ensure that all your content complies with the Terms and Conditions and Applicable Laws and does not infringe or violate any person’s legal rights. You retain any and all of your rights to any content you submit, post or display on the Platform and you are responsible for protecting those rights.
InstaVyapaar takes no responsibility and assumes no liability for content you or any third party (through you) posts on the Platform. We may review, edit, or delete the content that violates these Terms and Conditions or is offensive, illegal, or harmful. By posting content on the Platform, you understand that it will become a public disclosure of such content by you and you grant InstaVyapaar a worldwide, irrevocable, perpetual, non-exclusive license to use, copy, display, and distribute that content.
You acknowledge that all images, information, data, text, software, graphics, video, messages, or other content, whether publicly posted or privately transmitted by you, are your sole responsibility. This means that you, and not InstaVyapaar , shall bear full responsibility for all content uploaded or posted by users on the Platform. We do not exercise control over User-generated content on the Platform and, therefore, cannot guarantee the accuracy, integrity, or quality of such content. By using the Platform, you acknowledge the possibility of exposure to offensive, indecent, or objectionable content uploaded. In no event shall we be liable in any way for any content, including but not limited to errors or omissions in any content, or for any loss or damage of any kind resulting from the use of any User’s content posted, sent, transmitted, or made available on or through the Platform.
You agree not to use the Platform to host, display, upload, modify, publish, transmit, update, or share information that:
a. Using the Platform for illegal or offensive purposes.
b. Attempting to compromise system integrity or security.
c. Overloading the infrastructure with excessive actions.
d. Uploading malicious software or viruses.
e. Impersonating others or engaging in fraudulent activities.
f. Interfering with the Platform’s proper operation.
g. Bypassing access restrictions.
h. Attempting to reverse engineer or discover source code.
8. Termination
We reserve the right to permanently or temporarily terminate, suspend, or deny access to the Platform without notice or liability for violations of the Terms and Conditions or the provision of Platform to you, is no longer commercially viable or feasible for us.
We reserve the right to withdraw or amend the Platform without notice. We shall not be responsible for interruptions or cessation of the Platform and the Services. We may restrict access to some parts of the Platform to Users from time to time for maintenance and other purposes. We make no warranties regarding the access, speed, or availability of the internet in general or the Platform in particular. The Platform is controlled from India, and users from other jurisdictions must comply with the laws of the Republic of India.
Your responsibilities for accessing the Platform include:
10. Ownership of intellectual property rights
We and our authorised partners retain exclusive rights and ownership on the Platform content (except user content and third party owned content), and the features and functionality of the Platform. You may not use, copy, or reproduce these materials without prior written consent. All intellectual property rights are protected under applicable laws.
The Content on the Platform including but not limited to text, photographs, graphics, video and audio Content, financial data, news, research, recommendations, and opinions, is protected by copyright in favour of us under applicable copyright laws and is also safeguarded under general intellectual property law.
Third-party content appearing on the Platform is the property of their respective owners and we do
not assert any rights in relation to the same. Such third-party content is used by us either on the basis permission from the third-party or pursuant fair use provisions.
The Platform reserves the right, at its sole discretion to use such information for upgrading/enhancing the Platform and such use shall be entirely unrestricted.
The Platform may, at its discretion, also make any modifications or changes to the Platform and its content on the basis of such feedback or information.
In the event that the Platform makes any changes or modifications to the Website on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Platform or Products listed therein.
The Platform and its Content are provided “as is” and “as available.” We disclaim all warranties, express or implied, regarding the accuracy, timeliness, or completeness of the Platform’s Content. We are responsible for any errors, interruptions, or damages resulting from the access of the Platform.
The information provided is for general information purposes. Decisions based on the information contained within the Platform are your sole responsibility.
We do not guarantee that:
12. Indemnity
We shall not be liable in case you breach any Terms & Conditions, or conditions provided under the Privacy Policy or this Terms and Conditions and will not be obligated to indemnify you for any direct or indirect losses accruing to you.
You agree to indemnify, defend and hold harmless us, our affiliates, group companies and our directors, officers, employees, agents, third party service providers, and any other third party providing any service to us in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon, asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any Terms and Conditions of the Terms and Conditions including any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the Terms and Conditions.
In no event shall Roctogen Services Private Limited, its officers, directors, employees, contractors, agents, or licensors, be liable to you for any direct, special, indirect, incidental, consequential, punitive, or exemplary damages, including, without limitation, loss of business opportunities, loss of revenues, loss of anticipated profits, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, even if any party has been advised of the possibility of such damages, arising out of or relating to: I) this Terms and Conditions; II) the platform; III) your use of, or inability to use, the platform; or IV) any interactions with another user in connection with the platform.
These Terms and Conditions may not be transferred or assigned by you but may be assigned by us to any third party without restriction or prior intimation.
We shall not be liable for any failure to perform any of its obligations under the Terms and Conditions or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
The Terms and Conditions shall be governed by the laws of the Republic of India, regardless of your actual location. You agree to the exclusive jurisdiction of Mumbai, Maharashtra, India.
All notices to us shall be made in writing and sent by courier, certified mail, or electronic email to the following entity and address: Registered Office: Gala-2, CTS No. 141, Kuber Chembers, Datta Mandir Road, Malad East, Mumbai – 400097, Maharashtra, India, or email at: legaldept@instavyapaar.in. The notices shall be effective when they are received by us in any of the abovementioned manner.
All Terms and Conditions or demands to or upon a User shall be effective if either sent by courier, certified mail, by email to the last-known correspondence address or email address provided by the User to us, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
18. Entire agreement / Severability
These Terms and Conditions, along with the Privacy Policy, legal disclaimers, User Terms and Conditions on the Platform, constitute the entire agreement between you and us.
If any provision is deemed invalid by a court of competent jurisdiction, it won’t affect the validity of the remaining provisions, which remain in full force.
We use cookies on our Platforms for analysis, offering financial tools and investment advice, providing unique content, and enhancing user experience.
Your personal information provided to us through the Platform will only be used and protected in accordance with our Privacy Policy.
These Terms and Conditions constitute a legally binding contract between you and Roctogen Services Private Limited. Please read them carefully and ensure you understand and agree to the Terms and Conditions before accessing the Platform. If you have any questions or concerns, please contact us at support@instavyapaar.in. Without prejudice to InstaVyapaar’s other rights under these Terms and Conditions, if you breach This Terms and Conditions in any way or if InstaVyapaar suspects that you have breached the Terms and Conditions in any way, then InstaVyapaar shall be entitled to take such action as it may deem necessary.
Any grievances which you may have shall be taken into consideration in accordance with our Complaint Resolution and Grievance Redressal Policy which can be accessed at grievance@instavyapaar.in.
Any person may access the Platform either by registering or using the Platform as a guest. However, a guest user may not have access to all sections of the Platform which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Platform.
All eligible users who wish/have to register themselves with the Platform shall be required to create an account by filling in the details prescribed in the application.
By applying for registration, the User agrees and authorizes InstaVyapaar/ Lending partners of InstaVyapaar to carry out such checks and verification. As part of the registration process:
You can borrow from the Platform by posting a loan requirement through the Platform and completing the application process.
During the application process, you must also enter the details of your bank account for the purposes of repayments due to the lender.
By posting Loan Request, you agree:
Formation of Key Fact Statement and Loan Agreements
Disbursement of Loan proceeds upon execution of all the required documents and fulfillment of all conditions for disbursements, to the sole satisfaction of the partnered Regulated Entity, the borrowed amount will be credited to the account of the Borrower by the partnered Regulated Entity, subject to its credit evaluation and discretion. They follow a rounding down approach during loan disbursement to the borrower for simplicity purposes.
For example, if the disbursement amount after deduction of all charges and fees amounts to Rs. 9411.18, the disbursement amount will be Rs. 9,411 and Rs. 0.18 will be transferred to the lending partner as the adjustment amount.
Charges and Fees: Charges will follow the terms outlined in the loan agreements between borrowers and lenders, and the charges will be passed on to the lending partners.
EDIs will start as per the date of disbursement of the loan.
Prepayment Terms: A Borrower wishing to prepay or foreclose their loan may do so by settling the foreclosure charges as specified in the agreement between the lender and the borrower. No other charges, apart from the agreed-upon foreclosure fees, will apply.
Missed Repayments: In case a Borrower misses a repayment or anticipates that for any reason whatsoever the Borrower will not be able to repay as per the repayment schedule under the Loan Agreement, then the Borrower should promptly contact the Company by sending an email to support@instavyapaar.in.
Upon receipt, of the e-mail, our partnered regulated entities along with its Lending Service Provider; InstaVyapaar, shall undertake the following actions:
Default Category: A Borrower shall be considered under “default” category, if either of the below event has occurred:
Once your Loan is repaid, you may terminate your registration by sending us an email to support@instavyapaar.in and you will no longer be able to access the App/Website. However, the lending partner and the company will continue to maintain records to the extent that we are required by law and internal policies and agreements partnered with Regulated Entities.
We may terminate the registration of the User if the User has provided false information, has breached the Terms of Use, has died, become bankrupt, failed to pay the loan, or it is categorized in Default category on the App/Website or the partnered Regulated Entity has classified the user under default category, make a voluntary arrangement with anyone the User owes money, or the User establishes contact with anyone who owes money to the User without knowledge of the App/Website.
We may either terminate or suspend your registration immediately and without notice if we are aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity or we find that you are spoiling the reputation of the app/website or we find any activity which is against the interest of the website or we find you are using information available on the platform for any other commercial purpose.
When we terminate your registration, you will not have access to your Account. However, this will not affect your obligation to repay the amount you have borrowed under a Loan Agreement.
Service Communications: We understand your concerns of not sending unnecessary calls, emails or SMS to you. There are some messages (“Service Messages”) that we will need to send you. These may be sent via email, call or text message and include notifications at various stages of your loan.
Occasional Updates: When you register on InstaVyapaar you are offered the option to receive our occasional updates. These messages notify you about new features added on the App/ Website, ask your opinion regarding various situations and services, and tell you about services you might not be using yet. If you decide you no longer want to receive these messages you can change your contact preferences in the “My Contact Preferences” area once you are logged in to your InstaVyapaar Account or email your preference to us at support@instavyapaar.in.
If you want to make a complaint about the Loan Agreement, you can email support@instavyapaar.in with brief details of your complaint and your account reference. InstaVyapaar will acknowledge your complaint within 1 (one) working day. InstaVyapaar will then investigate and send you an initial response within 15 (fifteen) working days