Terms of Use

We at RiseWise Capital (registered as Cicago Commodities Pvt Ltd, hereinafter “RiseWise Capital”) (“our”, “us”, “we”, “Company”, RiseWise Capital”) have developed the RiseWise Capital mobile application (“App”) and 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 you, us, and RiseWise Capital. If you have any queries or concerns regarding these Terms, please contact our Grievance Officer.

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: (I) RiseWise Capital Privacy Policy; and (ii) User Loan Agreement (if you avail a loan using the App). By accessing or using our Services (as defined below), you agree to be bound by these Terms and to the collection and use of your information as set forth in the RiseWise Capital Privacy Policy.

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. We also encourage you to contact our Grievance Officer to discuss your disagreements.

1. Eligibility

An Individual age must be above 18 to use the App. If You are a non-individual, You must be duly authorized (by such a non-individual entity) to agree to these Terms. You represent and warrant that you are capable of entering into these Terms and performing the obligations set out hereunder.

2. Account Set Up

a. In order to use the RiseWise Capital System and avail of the Service, you must register your details in the App. Account registration requires you to submit certain information such as your name, mobile phone number, and Email Id.

b. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use RiseWise Capital Systems and/or the Services or result in termination of this agreement with you. You are responsible for all activities that occur under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. You acknowledge and agree that any misuse of your Account for reasons not attributable to RiseWise Capital shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.

c. You hereby consent that any information submitted by you for Account set-up may be used by RiseWise Capital in accordance with the privacy policy published at www.risewisecapital.com which is deemed to be part of these Terms.

3. Service

a. The Service constitutes of Your access to RiseWise Capital System, the assessment by RiseWise Capital of your credit worthiness, and subject to RiseWise Capital determining (in its sole and absolute discretion) that it is appropriate, your ability to submit an application (“Credit Facility Application”) for a short term credit facility (“Advance”) to a duly licensed entity who has partnered with RiseWise Capital and use of such other functionalities of RiseWise CapitalSystem as permitted by RiseWise Capital. For the avoidance of doubt, RiseWise Capital is under no obligation whatsoever to reveal to you (including your nominees, heirs , and successors) its assessment of your creditworthiness at any point in time.

b. You acknowledge that RiseWise Capital allows You to submit a Credit Facility Application on the basis of a determination made by methodologies and algorithms in RiseWise Capital Systems. The RiseWise Capital Systems undertake a dynamic evaluation of risk in relation to each Credit Facility Application submitted by You based on various factors including the amount of the Advance, the credit eligibility parameters , and other requirements set out by the RiseWise Capital Partner. RiseWise Capital Systems may undertake a separate determination in relation to each Credit Facility Application made by you. Given the dynamic nature of the determination made by RiseWise Capital Systems, You acknowledge that there is no assurance or guarantee that RiseWise Capital shall allow You to submit a Credit Facility Application for each and every Advance that you seek to avail.

c. You agree and accept that RiseWise Capital may in their sole discretion, by its self or through authorized persons, advocates, agencies, bureau, etc. verify any information given, check credit references, employment details , and obtain credit reports to determine creditworthiness from time to time.

d. RiseWise Capital will require You to submit further documentation, information , and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to You. When RiseWise Capital decides to grant an Advance to You, it shall require that You execute a loan/credit facility agreement (“Loan Documentation”) with it to record the terms of the arrangement.

e. Collection Authorization: You agree to allow RiseWise Capital to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law. You further permit RiseWise Capital to use (a) any User Generated Content; and/or (b) other information which you have granted RiseWise Capital access to, for the purposes of enabling RiseWise Capital to send payment reminders to yourself or to other persons whose can be contacted by RiseWise Capital through you whether or not such other persons are users of the RiseWise Capital System to the extent permitted under applicable law.

f. Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data usage rates and fees will apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and RiseWise Capital Systems and any updates thereto. RiseWise Capital does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

g. License :Subject to your compliance with these Terms, RiseWise Capital grants You a limited, non-exclusive, revocable, non-transferrable license in India to (i) access and use the RiseWise Capital Systems through your personal computer system or other mobile communication device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by RiseWise Capital and RiseWise Capital licensors.

h. Restrictions :You may not: (i) use the Services except as expressly provided in these Terms; (ii) provide any third parties with access to the Services; (iii) Use the Services to post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters; (iv) remove any copyright, trademark or other proprietary notices from any portion of the Services; (v) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RiseWise Capital; (vi) decompile, reverse engineer or disassemble the Services; (vii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or RiseWise Capital Systems or any other computer system including by introduction of any virus, Trojan horses, worms, time bombs or such material; (viii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or (ix) Re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services (x) use the Services to host, display, upload, modify, publish, transmit, update or share any information that (A) belongs to any other Person and to which you do not have any right to; (B) 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; (C) harms minors in any manner (D) infringes any patent, trademark, copyright or other proprietary rights; (E) violates any law which is in force (F) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature (G) impersonates another person (H) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

i. RiseWise Capital shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with the terms.

j. User Generated Content: You understand that all User Generated Content, to the extent permitted by the RiseWise Capital System, is the sole responsibility of the person from whom such User-Generated Content originated. This means that you, and not RiseWise Capital, are solely responsible for any User Generated Content you upload, download, post, email, transmit, store or otherwise make available through your Use of the Service. RiseWise Capital does not control the User Generated Content used in the Service, nor does it guarantee the accuracy, integrity , or quality of such User Generated Content. You understand and agree that your Use of the Service and any User Generated Content is solely at your own risk.

4. Limited Warranty

(a) You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering into this agreement, You have chosen to use the security measures provided by RiseWise Capital even though other security measures are available. While RiseWise Capital uses industry standard information security measures to protect the Service from viruses and malicious attacks, RiseWise Capital does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and RiseWise Capital disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite RiseWise Capital using the information security measures. RiseWise Capital warrants that, during the term of this agreement, RiseWise Capital will employ commercially reasonable system security measures. Except as expressly set forth in this section, RiseWise Capital makes no representation, warranty, covenant , or agreement that its security measures will be effective and neither RiseWise Capital shall have any liability for the breach of its security measures, or the integrity of the systems or RiseWise Capital computer servers unless caused by the wilful misconduct or gross negligence of its employees.

(b) The Services are provided to you on an “as-is” and “as available basis”. RiseWise Capital is not responsible for any failure of the telecommunications network or other communications links utilized to gain access to the Services. RiseWise Capital does not represent that the Services will meet your requirements or that operation of the Services will be uninterrupted or error-free.

(c) You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage.

5. Term and Termination

(a) These Terms and the right to use granted hereunder shall take effect on the date you create an Account with RiseWise Capital, and shall continue in effect until either you or RiseWise Capital terminates this Agreement in accordance with this section. Either party may terminate this Agreement by providing thirty (30) days’ notice of the same.

(b) RiseWise Capital may terminate the Agreement in thirty (30) days after RiseWise Capital gives you notice of your breach of any provision of the Agreement (other than your breach of its obligations under Section 3(i) (Restrictions) or Section 6 (Confidential Information) which breach shall result in immediate termination) and which you do not cure within the thirty (30) day notice period; or immediately for not repaying the Advance or any other charges payable by You pursuant to these Terms; if you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.

(c) All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.

6. Confidential Information

In course of your dealings with RiseWise Capital, either party may share and provide the other with access to its confidential and Proprietary Information (“Confidential Information”). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) , or by way of consigned items. The receiving party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agrees to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the disclosing party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.

7. Privacy

You understand that by using the Service, you consent and agree to the collection and use of certain information about You and your Use of the Service in accordance with RiseWise Capital Privacy Policy and these Terms. RiseWise Capital Privacy Policy applies to all Your information collected under these Terms. You further understand and agree that this information may be transferred to the other countries for storage, processing , and use by RiseWise Capital and/or their service providers in accordance with applicable law.

8. Indemnity

You shall defend, indemnify and hold harmless RiseWise Capital, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against RiseWise Capital by third parties alleging that (i) your use of and access of the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Generated Content you submitted caused damage. Your indemnification obligation under this Section 10 will survive termination of this Agreement and your use of the Services.

9. Assignment

You may not assign this Agreement without the prior written consent of RiseWise Capital.

10. Arbitration and Governing Law

The Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws and principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Pune, India

11. Force Majeure

RiseWise Capital shall not be liable to the other for failure or delay in the performance of Services if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.

12. Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorized signatory of the waiving party.

14. Severability

If any of the terms, conditions or provisions contained in this Agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

15. Notices

All notices and other communications made or required to be given under this Agreement shall be in writing and shall be deemed given upon receipt when sent through email or personal service, to the address specified below:

If to RiseWise Capital:

Email: contact@risewisecapital.com

Address: Pheidon House Second Floor,64 Rajni Shivaji Chs, Off Senapati Bapat Road,

Pune MH – 411016

16. Entire Agreement

These Terms along with any supplementary terms or addendum as may be prescribed by RiseWise Capital constitute the entire agreement between the parties pertaining to the subject matter contained herein and any written or oral agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by RiseWise Capital.

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