Terms and Conditions
Our present website www.blacksoil.co.in (“Website”) contains information on services rendered.
By accessing this website or any of its associate/group sites, you have read, understood and agree to be legally bound by the terms of the following disclaimer and user agreement.
As a condition precedent to your right to access information from www.blacksoil.co.in, You hereby agree to abide by the terms and conditions listed below:
1.1 The domain name www.blacksoil.co.in (hereinafter referred to as “Website“) is owned by BlackSoil Capital Private Limited, a non banking financial company registered under the laws of India (hereinafter referred to as “BlackSoil“).
4. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
4.2 Access by foreigners: The access by individuals or the entities who are resident of a foreign jurisdiction should comply with the laws of their jurisdiction or their local laws (as applicable) before accessing any information or data of our website. We are not responsible or liable to comply with the laws of any jurisdiction apart from the laws of India including any preservation or dealing with the data that is available with us. You acknowledge that we may not be able to understand or interpret the laws of foreign jurisdiction unless we have a full background available with us and You waive all your rights to file any proceedings against Us in any foreign jurisdiction for the breach of any laws apart from the laws of India. In the event the law of any foreign jurisdiction implies to preserve the data in a specific manner then the individuals of such foreign jurisdiction must first contact us personally and inform about such foreign laws and subject to the mutual understanding with BlackSoil, we may agree to permit such foreign individual or entity to access Our Website. Provided that, the responsibility to inform Us about the foreign applicable laws shall always be on the foreign individual or the foreign entity who wishes to access Our Website.
4.3 If any Indian citizen who is a User of the Website becomes a foreign citizen, then such individual should provide us a written notice regarding the change of his status immediately. We shall not be responsible or liable to take any action unless we receive the written notice with all the information to our satisfaction.
4.4 Wherever the laws of any jurisdiction, including the laws of India requires BlackSoil to obtain consent from the User, then You agree and acknowledge that such condition and/or criteria shall deem to be complied as soon as you have accessed Our Website. Where any specific condition is required to be complied with under the technology related laws by the borrowers/anchors/service providers/obligers, the same shall be deemed to be complied as soon as the finance documents are executed with such person.
5.1 When You use the Website or send emails or other data, information or communication to us or our registered agents, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other modes of communication, electronic or otherwise.
5.2 You are recommended to seek the advice from your professional advisor on any special service or product that we provide. In case you act on any advice, opinion or information available through any of the linked website or Our Website you will not hold us, nor of our directors, or affiliates, employees or other representatives for compensating you for loss or damage that has resulted from use of information, data or opinion posted on our website or the linked website.
5.3 Wherever links have been provided to other websites or web applications including the weblinks for the payment for providing or collecting information, data, documents or payments that may be useful to the web users, we do not have any control on the terms and condition as may be applicable to such linked websites and we shall not be liable or responsible for any actions that are taken or required under such websites or weblinks or web applications. These third-party websites may have their own terms and conditions and/or privacy policies or security practices different from our website, therefore it is important to read and understand the terms and conditions of those linked websites or weblinks or web applications before sharing any information or data including your personal information or payment transactions.
7. TRANSACTION AND COMMUNICATION PLATFORM
7.1 The Website is a platform that Users utilize to interact with BlackSoil for their transactions including services of granting, sanctioning facilities and other financial assistance that BlackSoil is authorised to provide to the eligible borrowers (“Facilities”).
7.2 The Website may connect to the multiple platforms that Users may utilize to interact with BlackSoil for their transactions including services of granting, sanctioning facilities and other financial assistance that BlackSoil is authorised to provide to the eligible borrowers. In order to avail the services provided by BlackSoil, You may be required to register by logging into Your User account. During the application process, you may be required to share and upload certain information on the Website or external websites which provide the data to Blacksoil or are integrated with the Website. User data shall include Your Aadhar Card details and personal information including but not limited to Your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS, call logs and browsing history, data and login-in credentials, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details (“Personal Information”). You agree that the Personal Information should always be accurate, correct and complete. As part of the services, You authorize Us to import Your details and Personal Information dispersed over third party platforms. You understand and acknowledge that we may periodically request for updates on such Personal Information, and we may receive such updated information from third party platforms.
7.3 BlackSoil, may allow the Users to apply for the Facilities, subject to the fulfilment of the eligibility criteria laid down by BlackSoil. You understand that BlackSoil may collect, authenticate, track Your location, verify and confirm the User Data, documents and details as may be required to sanction the Facilities.
7.4 All transactions undertaken on Your behalf by BlackSoil will be on the basis of Your express instructions/consent and will be strictly on a non-discretionary basis. You also authorise BlackSoil to get Your credit information report from one or more Credit Information Companies if required and as decided by the Company from time to time. Once you verify and upload the Personal Information and/or other documents and details on Our Platform, we shall process the same. Upon the completion of the document verification by us, the Facilities may be sanctioned at its sole discretion by Us to you, subject to fitting eligibility criteria and other conditions set forth by Us for sanctioning the Facilities. Thereafter, you are required to fill and upload the ECS/NACH mandate form/Cheque, or any other document as may be required by Us. Upon receiving such documents, BlackSoil may at its sole discretion disburse the loan subject to the terms and conditions of the loan agreement and other Finance Documents as per the policies.
7.5 You fully understand and agree that the sanctioned Facilities may be disbursed as per the mode provided in the Platform. You are required to repay the Facilities and the outstanding amount(s) together with interest and other charges as specified in the facility agreement to Us, on the respective due date(s) mentioned in the facility agreement or other Finance Documents.
7.6 In the event that You stop, cease, discontinue to use or avail the services provided by Us, through deletion or uninstallation or otherwise, till the event that Your obligations to pay the outstanding amount(s) to BlackSoil exist. Deletion, uninstallation, discontinuation of our Fcailities, shall not release you from the responsibility, obligation and liability to repay the Facilities or outstanding amount(s) or any other charges payable to BlackSoil.
7.7 You understand and acknowledge that you shall be solely responsible for all the activities that occur under Your User account while availing the Facilities. You undertake that BlackSoil shall not be responsible and liable for any claims, damages, and disputes arising out of use or misuse of the Facilities. By usage of the Facilities, you shall be solely responsible for maintaining the confidentiality of the User account and for all other related activities under Your User account. BlackSoil reserves the right to accept or reject Your registration at its sole discretion for the services without obligation of explanation.
7.9 BlackSoil does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 This site is controlled and operated by BlackSoil and/or its authorized representatives or service providers. The User agrees and acknowledges that material on this site, including images and/or illustrations are protected by trademarks, copyrights and other intellectual property rights. All brand names, logos and service marks, inventions and/or any other intellectual property, including, but not limited to, the intellectual property pertaining to the services, content and technology is owned solely and exclusively by BlackSoil.
8.4 Proprietary Rights: You shall not without obtaining a prior approval from BlackSoil copy, upload, download, post, reproduce, transmit, distribute, display, modify, or in any other way be exploited without the prior written consent of BlackSoil.
9.2 You understand and acknowledge that, You are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the services on Your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.
10.1 BlackSoil makes no warranties or representations, whether express or implied in law or residual, other than to the extent specifically contained herein, including any warranties regarding the content, services or technology provided by it and disclaims all warranties, express or implied, in connection with the content, services or technology to the fullest extent as permitted by law.
- Disruptions: BlackSoil or affiliates shall not be liable for any damage or injury arising due to failure of performance arising due to technical or mechanical error, accounting errors, unauthorized access, link failure, omission, computer virus, interruption, deletion, defect, delay, force majeure (act of God) or any other cause or circumstances beyond the reasonable control of BlackSoil.
- BlackSoil specifically states that it cannot be held liable for any damages (monetary, legal or otherwise) caused by any error, omission, interruption, deletion, defect, failure, and that it has no financial liability whatsoever to any user on account of the use of the information provided on this website.
- All rights, title and interest in this web site and any content as well as the design and information contained in this site contained herein is the exclusive property of Blacksoil except as otherwise stated. Blacksoil is the sole owner of all the intellectual property including all rights in trademarks, marks, logos, symbols, copyright works, reports, diagrams, patents, designs created or held in this web sites etc including but not limited to the domain names, the source codes, the database etc. This website is only for your non-commercial use and for no other purpose. Nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The content of the website cannot be amended, copied, reproduced, replicated, republished, uploaded, posted, published, transmitted, displayed or distributed for any commercial use without obtaining prior written permission from Blacksoil.
- You may not perform, license, frame, create derivative works from, or otherwise use in any other way for commercial or public purposes in whole or in part any information, reports & formats thereof, presentations of reports, software, products or services obtained from this web site, except for the purposes expressly provided herein, without Blacksoil’s prior written approval. You may not resell, reproduce, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by Blacksoil prior to such use.
- Blacksoil reserves all legal rights in case of any of your act in actual or intentional breach these terms, directly or indirectly, by any means or modes. You will be liable for actual and punitive damages as determined by Blacksoil and additional damages to be determined by an Indian court of Law.
- This Website and all content and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, BlackSoil does not warrant that:
- this Website will be constantly available, or available at all; or
- the content will be up-to-date, complete, comprehensive, accurate or applicable to Your circumstances; or
- the Website will meet Your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; or
- the results that may be obtained from the use of the Website or any services offered through the website will be accurate or reliable; or
- any service or information obtained by You through the website will meet Your expectations; or
- the information on this Website is complete, true, accurate or non-misleading; or
- this site; information, content, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
- LIMITATION OF LIABILITY
- BlackSoil (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect Your computer equipment or other property as the result of your access to the Website or Your downloading of any content from the Website.
- The Website may provide links to other third party websites. However since BlackSoil has no control over such third party websites, You acknowledge and agree that BlackSoil is not responsible for the availability of such third party websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites.
- PLATFORM USE
- You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual and/or try to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs“) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms BlackSoil, or otherwise engage in any conduct or action that might tarnish the image or reputation, of BlackSoil or vendors on Platform or otherwise tarnish or dilute any BlackSoil ‘s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or BlackSoil’s systems or networks, or any systems or networks connected to BlackSoil.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to the guidelines issued by Reserve Bank of India from time to time) regarding Your use of Our Facilities and Your enlisting for acquiring Facilities offered by BlackSoil. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable laws or regulations for the time being in force.
- We reserve the right, but have no obligation, to monitor the materials posted on the Website.
- Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such content posted does not necessarily reflect BlackSoil views. In no event shall BlackSoil assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website.
- It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. BlackSoil does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- APPLICABLE LAW