KUHOO TECHNOLOGY SERVICES PRIVATE LIMITED (hereinafter referred to as “Kuhoo” or “Company” or “Us” or “We”) is the owner of the mobile application kuhoo (“App”), website at www.kuhoo.com (“Website”), and online forms (App, Website and online forms are hereinafter together referred to as the “Platform”). As a user (hereinafter referred to as “User” or “You” or “Your”) of the Platform, the User understands that Kuhoo provides access to its Users to avail educational loans through its partner NBFCs and Banks (hereinafter be referred to as “Lending Partner/s”).
If You disagree with these Terms & Conditions or any part thereof, please do not use the Platform or the Services.
Kuhoo is a platform that facilitates educational loans through its Lending Partners to students above the age of 18 years. Our Lending Partners are duly registered with the Reserve Bank of India. The User’s loan will be sanctioned by Our Lending Partners only and shall be governed by the applicable loan agreement. The name of the Lending Partner who may be offering the loan will be communicated upfront to the User, and the loan application will be approved and sanctioned by that Lending Partner.
Kuhoo is merely a technology platform and does not provide any loans or financial products to its Users. Kuhoo is not a Financial Institution under the Companies Act 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India. The final decision with regard to lending is subject to decision of the Lending Partner, and Kuhoo does not have any role in the approving and/or sanctioning of the educational loan.
SCOPE OF SERVICES
Kuhoo provides the following services (“Services”) to its Users on / through the Platform:
- Facilitating education loans for undergraduate courses through its Lending Partners.
- Facilitating educational loans for postgraduate students who wish to study abroad
through its Lending Partners.
- Facilitating loans for upskilling courses through its Lending Partners.
The User confirms that all information provided to Kuhoo is true & correct and not misleading. In addition, the User agrees to provide further information from time to time as maybe required by Kuhoo or its Lending Partners for loan processing or servicing.
The User hereby agrees that while availing loan from Kuhoo’s Lending Partners, the Lending Partner shall execute a loan agreement with the User, and the User and their heirs/ executors shall be bound by the terms and conditions of the loan agreement.
The User agrees that if they avail any loan facility through Kuhoo’s Platform from its Lending Partners, the User will not use the proceeds thereof for any purpose other than as declared to Kuhoo and its Lending Partners. Further, the User agrees to pay the EMI in a timely manner as per the repayment schedule specified in the loan documentation. Furthermore, any delay in payment will result in a penalty/fee as per the loan agreement between the User and the respective Lending Partner/s.
Kuhoo may appoint third-party service providers and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related functions; or
- To assist us in analysing how our Service is used.
The User acknowledges that the third-party service provider/agent/agencies will have access to your personal information on a need-to-know basis in order to assist us in rendering Our Services, and the service providers shall be restricted from using the same for any other reason. The third-party service providers shall be obligated contractually not to disclose or use the information for any other purpose.
The User agrees to:
- Allow Kuhoo (or its third party service providers), on behalf of the Lending Partner, to send You payment reminders from time-to- time
- Allow Kuhoo (or its third party service providers), on behalf of the Lending Partner, to engage in collection efforts to recover amounts that You failed to repay to the Lending Partners, pursuant to these (i) Terms & Conditions; and/or (ii) terms and conditions of the Lending Partner.
These collection efforts may involve, inter alia, contacting either You directly or any other contact details provided by You at the time of creation of account, submitting Your information to a collection agency, or taking appropriate legal action.
Accepting these Terms & Conditions implies the User’s express consent to being contacted by Us, Our agents, representatives, affiliates, or anyone communicating on Our behalf at any contact number, or physical or electronic address provided by you while registering your account. The User further agrees to being contacted in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Platform. Automated messages may be played when the telephone is answered, whether by the User or someone else. In the event that an agent or representative calls, he or she may also leave a message on User’s answering machine, voice mail, or via SMS.
The User certifies, warrants and represents that the telephone numbers and/or email addresses and/or any other information that the User has provided to Us is User’s own and not someone else’s and are true, accurate, current, and complete. The User represents that he/she is permitted to receive calls at each of the telephone numbers the User has provided to Us and receive emails at each of the email addresses the User has provided to Us. The User agrees to notify Us whenever there is any change in the contact details of the User.
In relation to the unsolicited communication referred in “National Do Not Call Registry” as laid down by Telecom Regulatory Authority of India, The User confirms that laws will not be applicable for such communication/calls/SMS/messages through WhatsApp messenger application received from Kuhoo, its agents, representatives, affiliates, or authorised person communicating on Kuhoo’s behalf.
ACCEPTANCE OF TERMS AND CONDITIONS.
Kuhoo reserves the right to change, modify, add, or remove portions of this Terms & Conditions at any time for any reason, with or without any prior notice. In case any changes are made to the Terms & Conditions, We shall update the same on the Platform. Once posted, those changes are effective immediately, unless stated otherwise. We encourage the User to periodically review this page for the latest information. Continued access or use of the Services or the Platform constitutes the User’s acceptance of the changes and the amended Terms & Conditions.
You are responsible for maintaining the confidentiality of Your account credentials, including but not limited to passwords etc. You also agree to accept responsibility for all the activities that happen under Your account and password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone, or if the password is being, or is likely to be, used in an unauthorised manner.
REFUND & CANCELLATION POLICY
The User agrees that Kuhoo will charge a non-refundable convenience fee and/or a technology usage fee for facilitating the loan to be availed by the User through Our Lending Partners and the User agrees to pay the same. This fee will be non-refundable even if the loan is rejected and/or disapproved for any reason whatsoever. Further, there will be no cancellation of the Service once the User has received the loan amount from the Lending Partner/s, and the loan agreement shall bind the User and the Lending Partner/s.
LICENSE AND LIMITED ACCESS.
The User acknowledges and understands that Kuhoo only grants a limited license to access the Platform for the purpose of availing the Services only. The User shall not attempt to modify, adapt, translate or reverse engineer any part of the Platform or re format or frame any portion of the pages of the Platform. The User also understands that the limited rights provided are not transferable and do not permit any resale or commercial use of this Platform or its contents. The Platform is made available to the User for the User’s own personal and non-commercial use only. The User shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform.
The User shall not reproduce, duplicate, copy, sell, distribute the Platform or any portion of the Platform, thereby exploiting it for any commercial purpose. All the intellectual properties, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, shall remain the property of Kuhoo, and the User shall not have any right over the Company’s intellectual properties.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Notwithstanding anything to the contrary contained herein, neither Kuhoo nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to the User or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law the User waives, releases and hold harmless Kuhoo, its affiliated companies, subsidiaries, officers, directors, employees or any related party from/for all claims, losses, damages, liabilities, expenses and causes of action arising out of the use of Platform by the User.
The Platform and the functions and features therein are provided on an “as is” and on an “as available” basis. Kuhoo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Kuhoo shall make reasonable efforts to make available the Platform and the functions and features at all times. However, Kuhoo makes no warranty that the Platform shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further Kuhoo does not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
Kuhoo shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond Kuhoo’s control, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the Platform is done at the User’s own discretion and risk and the User is solely responsible for any damage to User’s Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from Us or from the Service will create any warranty not expressly stated in these Terms and Conditions.
Kuhoo shall not be liable for any failure or delay in performing its obligations under this facility if such failure or delay (i) is directly caused by the partner(s) acts or omission; (ii) results from actions undertaken by Us in a reasonable good faith to comply with applicable law or to prevent fraud; or (iii) is caused by events beyond Our control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of force majeure event.
Kuhoo or its affiliated and subsidiary companies and each of its directors, officers, employees, and agents shall not be held responsible or liable for any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind whether based in contract or otherwise, that arise out of or is in any way connected with any failure or delay, performance, non performance (including without limitation the use of or inability to use any component of the Platform), any damages to or viruses that may infect the computer equipment or other property as the result of the User’s access to the website or by downloading of any content from the Platform.
Kuhoo does not make any representations or warranties on behalf of the Lending Partners with respect to the educational loan provided by such Lending Partners. All liabilities and obligations with respect to the educational loan provided by the Lending Partners with Kuhoo shall be governed by the separate agreement executed between such Lending Partner and the User. Kuhoo shall not be held responsible for any actions taken by the Lending Partners, including but not limited to the loan recovery process.
THIRD PARTY LINKS/ADVERTISEMENTS
The links to any third-party websites on the Platform are provided solely as pointers in connection with the Services, and We have no control over the content on such third-party websites. Kuhoo makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does it warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If You choose to follow a link to a third-party website, You will do so at Your own risk. You also acknowledge that links to third party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or Services offered at such sites, or any representation regarding the content at such third-party websites.
The User agrees to indemnify, save, and hold Kuhoo and its affiliates, directors, officers, employees, service providers and agents harmless from any and all claims, demands, losses, damages, liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related use or misuse of the Services or of the Platform, any violation of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by the User herein or infringement of any intellectual property or other rights of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by the User on the Platform. This paragraph shall survive termination of these Terms & Conditions.
If You have any questions relating to these Terms and Conditions, You can submit Your grievances/ feedback in writing or by way of an email to our grievance officer:
Name: Mr. Nilesh Abhang
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