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Terms and Conditions

Welcome to Refresh Fintech Pvt. Ltd. (“Refresh,” “we,” “us,” or “our”). By accessing or using our website, platform, or any related services, you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read them carefully before using our platform.

1. Definitions

For the purpose of these Terms, the following definitions apply:

  • “Platform”: Refers to the website, mobile applications, and other digital interfaces provided by Refresh for users to access our services.
  • “User” or “You”: Any individual or entity accessing or using the Refresh platform.
  • “Partner Banks and Financial Institutions”: Third-party banks, non-banking financial companies (NBFCs), and other entities partnered with Refresh to provide loan-related services.
  • “Loan Porting”: The process of transferring an existing home loan from one financial institution to another.
  • “Personally Identifiable Information (PII)”: Any information that can be used to identify a specific individual, including but not limited to names, addresses, contact details, and financial information.
  • “Consent”: Explicit permission provided by the User through the Platform for specific actions, such as pulling credit bureau reports or sharing data with third parties.
  • “Direct Selling Agent (DSA)”: Agents (including Refresh) facilitating loan transfers between Users and Partner Banks or Financial Institutions.

2. Introduction

2.1 About Refresh

Refresh is a home loan balance transfer platform that facilitates the transfer (“porting”) of home loans. As a Direct Selling Agent (DSA), we help Users streamline their loan transfer process by providing relevant tools, resources, and access to Partner Banks and Financial Institutions.

2.2 Scope of Services

Refresh solely acts as a facilitator and does not provide loans, make credit decisions, or offer professional financial advice. All loan approvals and terms are determined by our Partner Banks and Financial Institutions in their sole discretion.

2.3 No Financial or Professional Advice

Any information, materials, or resources available on the Platform are provided solely for informational purposes. We do not offer financial, legal, or other professional advice. Users should consult with qualified professionals for personalized advice before making any financial decisions.

3. Eligibility

By accessing and using our Platform, you represent and warrant that you:

  • Are at least 18 years of age.
  • Have the capacity to enter into a legally binding agreement under applicable laws.
  • Will provide accurate, current, and complete information during registration and throughout the loan application process.

4. Services

4.1 Loan Porting

Refresh enables the transfer of Users’ existing home loans to Partner Banks and Financial Institutions based on their preferences and eligibility. All loan terms, including interest rates, fees, and conditions, are governed by each Partner Bank or Financial Institution.

4.2 Role as DSA

Refresh operates as a DSA, bridging the gap between Users and lending entities. We do not guarantee loan approval or favorable terms and are not responsible for decisions made by any Partner Bank, Financial Institution, or DSA aggregator network.

4.3 No Guarantee of Outcome

While we strive to facilitate a smooth loan transfer process, we do not guarantee specific outcomes, interest rates, or approval timelines, as these are determined solely by the respective Partner Banks and Financial Institutions.

4.4 Third-Party Links and Content

Our Platform may contain links to third-party websites or content provided by external entities. We do not endorse, control, or assume responsibility for the accuracy or practices of any third-party sites. Accessing these links is at your own risk, and you should review the terms and privacy policies of any third-party site you visit.

5. User Obligations

5.1 Accurate Information

Users agree to provide accurate, current, and complete information during registration, application, and at all other times. Inaccurate or incomplete information may result in denial, delay, or cancellation of services.

5.2 Updates to Information

It is the User’s responsibility to promptly update any information, including contact details, financial status, or loan details, that may affect the loan porting process.

5.3 Lawful Use

Users shall use the Platform solely for lawful purposes and in compliance with these Terms, applicable laws, and regulations. Users shall not misuse the Platform, including but not limited to unauthorized access, introducing malicious software, or interfering with system integrity.

5.4 Prohibited Uses

In addition to the above, you agree not to:

  • Use the Platform to post, distribute, or transmit any content that is unlawful, harmful, abusive, obscene, or otherwise objectionable.
  • Engage in or facilitate spamming, unsolicited marketing, or unauthorized commercial activities.
  • Infringe upon the intellectual property rights of others.
  • Engage in any fraudulent, deceptive, or manipulative practices.

5.5 Third-Party Platforms

Some features or functionalities may be offered by or through third-party platforms or services (“Third-Party Platforms”), and Users may be required to abide by additional terms and conditions imposed by those Third-Party Platforms.

6. Fees and Charges

6.1 Refresh Fees

Refresh may, at its discretion, introduce fees for its services. We will notify Users of any applicable fees prior to the initiation of any paid services.

6.2 Lender and Processing Fees

Any fees or charges (including but not limited to processing fees, administrative fees, or penalties) levied by Partner Banks or Financial Institutions shall be borne solely by the User. Refresh is not responsible for any such charges and disclaims any liability in this regard.

7. Partner Terms

7.1 Partner Bank & Financial Institution Terms

By using our Platform and opting for Loan Porting services, you agree to be bound by the respective Partner Bank’s and Financial Institution’s terms and conditions, which may include additional eligibility criteria, fees, documentation requirements, and compliance obligations.

7.2 DSA Network Terms

Refresh may work with DSA aggregator networks to provide Users with a variety of loan options. Any delays, rejections, or decisions made by such DSA aggregator networks are beyond Refresh’s control, and we disclaim any liability for actions taken by these entities.

7.3 Exclusion of Liability

Refresh shall not be liable for any losses or damages arising from actions, decisions, or failures of Partner Banks, Financial Institutions, or DSA aggregator networks, including but not limited to loan application rejections, delays, data handling, or credit decisions.

8. Data Privacy and Security

8.1 Collection and Processing of Personal Data

By using our Platform, you consent to the collection, processing, and sharing of your personal and financial information in accordance with our [Privacy Policy] and applicable data protection laws. This may include, but is not limited to:

  • Credit bureau reports
  • Bank statements
  • KYC data
  • Contact details

8.2 Consent for Data Retrieval

You authorize Refresh to use Digital Public Infrastructure (DPI) systems, third-party APIs, or other methods to retrieve and process your financial and KYC data for the sole purpose of facilitating loan porting.

8.3 Third-Party Data Sharing

Refresh may share your data with its Partner Banks, Financial Institutions, or DSA aggregator networks strictly for the purpose of assisting with or completing your loan application. Users are advised to review and agree to the privacy practices of each Partner before proceeding.

8.4 Secure Storage

Refresh employs commercially reasonable measures and security protocols to store and protect Personally Identifiable Information. However, no method of data transmission or storage is entirely secure, and Refresh cannot guarantee absolute security.

8.5 Liability for Data Handling by Partners

While Refresh takes reasonable measures to ensure partners manage data responsibly, it disclaims any liability for misuse, unauthorized access, or breaches that occur on the systems of Partner Banks, Financial Institutions, or DSA aggregator networks.

8.6 Monitoring of Interest Rates & Data Retention

To help safeguard Users’ interests, Refresh may continuously monitor applicable interest rates and related market data. For this purpose, Refresh will retain the necessary user data (e.g., loan details, contact information) in a secure environment. By using our Platform, you consent to this ongoing monitoring and data retention, which is intended to help identify opportunities for more favorable loan terms or interest rates.

9. Electronic Communications & Marketing

9.1 General Consent

By registering or using the Platform, you consent to receive communications (including emails, text messages, and push notifications) from Refresh regarding your account, loan process updates, promotional offers, and other relevant information. You may opt out of marketing-related communications at any time by following the unsubscribe instructions in the communication or contacting us directly. However, certain non-promotional messages (e.g., account notices or legally required notifications) may still be sent to you.

9.2 WhatsApp and Automated Calls

You expressly consent to receiving WhatsApp messages, automated phone calls, and other forms of communication for account updates, loan processing steps, promotional information, and other service-related notices. Standard data and messaging rates may apply. If at any point you wish to revoke this consent, you may do so by contacting us at [email protected]. However, revoking consent may affect your ability to receive important service-related updates.

10. Fraud Prevention & Security Measures

10.1 Fraud Monitoring

Refresh reserves the right to monitor all activity on the Platform for fraudulent or unauthorized behavior. We may use internal controls and third-party verification services to detect potential abuse, suspicious activity, or violations of these Terms.

10.2 Right to Suspend or Terminate

If we identify or suspect fraudulent, deceptive, or unlawful activity, we may take immediate steps to investigate and, if necessary, suspend or terminate the relevant User account without prior notice.

10.3 Cooperation with Authorities

We may cooperate with law enforcement or other regulatory agencies, as required by law, to disclose any information necessary to comply with investigations or legal proceedings.

11. Intellectual Property

11.1 Ownership

All content, trademarks, service marks, and intellectual property displayed on or used in connection with the Platform are owned by Refresh or its licensors. Users are granted a limited, non-exclusive, revocable license to access and use the Platform for personal, non-commercial purposes only.

11.2 Restrictions

Without prior written consent from Refresh, you may not:

  • Reproduce, distribute, or publicly display any content from the Platform.
  • Modify, adapt, or create derivative works based on our content or trademarks.
  • Use our trademarks, logos, or names in any manner that could cause confusion or imply endorsement.

12. No Warranties

To the fullest extent permitted by law, the Platform and all services provided by Refresh are made available on an “as is” and “as available” basis, without any warranties, representations, or guarantees of any kind—whether express, implied, or statutory—including (but not limited to) warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will meet your requirements, be uninterrupted, secure, or error-free, or that any defects will be corrected.

13. Limitation of Liability

13.1 No Indirect Damages

To the maximum extent permitted by law, Refresh shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data loss, or business interruption) arising out of or related to the use or inability to use our Platform or services.

13.2 Cap on Liability

To the extent permitted by law, Refresh’s total liability, whether in contract, tort (including negligence), or otherwise, shall be limited to the fees, if any, paid by you to Refresh for accessing or using the services.

13.3 Third-Party Liability

Refresh assumes no liability for any acts or omissions of third parties, including Partner Banks, Financial Institutions, DSA aggregator networks, or other Users of the Platform.

14. Indemnity

You agree to indemnify, defend, and hold harmless Refresh, its directors, officers, employees, agents, and affiliates from any claims, demands, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

  • Your use or misuse of the Platform.
  • Your breach of these Terms or any other policies or agreements.
  • Your violation of any applicable laws, rules, or regulations.
  • Any unauthorized or unlawful use of your account by any third party.

15. Termination

15.1 Termination by Refresh

Refresh reserves the right to suspend or terminate your access to the Platform, in whole or in part, without notice, if:

  • You breach these Terms.
  • We are required to do so by law or court order.
  • We discontinue or significantly modify the Platform or any of its features.

15.2 Termination by User

You may discontinue use of our Platform at any time by ceasing to access or use our services.

15.3 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall cease immediately. Any obligations or liabilities incurred prior to termination shall survive.

16. Force Majeure

Refresh shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or communication outages, or other events of a similar nature.

17. Dispute Resolution

17.1 Governing Law

These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of India.

17.2 Jurisdiction

Subject to the arbitration clause below, the courts in Bangalore, India, shall have exclusive jurisdiction over any disputes arising from or related to these Terms.

17.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English and held in Bangalore, and the arbitral award shall be final and binding on the parties.

17.4 Injunctive Relief

Nothing in this Clause shall prevent either party from seeking urgent or injunctive relief in a court of competent jurisdiction.

18. Reservation of Rights

Refresh reserves the right, at its sole discretion and without notice, to modify, suspend, or discontinue any part of the Platform or its features at any time, including imposing additional rules or usage limits. Refresh will not be liable to you or any third party for the exercise of such rights.

19. Compliance with Laws and Regulations

You agree to comply with all applicable laws and regulations (including, without limitation, RBI guidelines and data protection laws) in connection with your use of the Platform. Refresh also endeavors to operate in compliance with relevant regulatory and legal requirements but disclaims any liability for user-initiated violations of such requirements.

20. Complaints and Grievance Redressal

20.1 Grievance Officer

If you have any complaints or concerns about your use of the Platform or these Terms, you may contact our Grievance Officer at:

Grievance Officer

Refresh Fintech Pvt. Ltd.

Unit no. TF – 04, 3rd Floor, 38/17, #1678, Smart Avenue, Nehru Road, Kammanahalli, HRBR Layout, Bangalore – 560043, India

Email: [email protected]

20.2 Resolution Timeline

We will acknowledge your complaint or concern within the timelines required by applicable law and use best efforts to resolve the issue promptly.

21. Consumer Protections

Nothing in these Terms is intended to exclude or limit any legal rights you may have as a consumer under the laws of India, including rights under the Consumer Protection Act, 2019. If you are a consumer, you may have additional rights and remedies that go beyond what is stated here, and these Terms do not limit those rights and remedies unless legally permissible.

22. Changes to Terms

22.1 Right to Modify

Refresh reserves the right to update or modify these Terms at any time. When material changes are made, we will notify Users by posting a prominent notice on our Platform or via email (if applicable).

22.2 Acceptance of Changes

Your continued use of the Platform after the posting of any updates or modifications constitutes acceptance of the revised Terms.

23. Miscellaneous

23.1 Entire Agreement

These Terms, along with any policies, guidelines, or additional terms referenced herein, constitute the entire agreement between you and Refresh with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations.

23.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

23.3 No Waiver

The failure of Refresh to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Refresh may freely assign or transfer its rights or obligations under these Terms without restriction.

23.5 Notices

Any notices or other communications required or permitted under these Terms will be in writing and deemed given when delivered personally, by registered or certified mail, or via electronic means with read-receipt confirmation.

24. Contact Us

For any questions, concerns, or further information about these Terms, please contact:

Refresh Fintech Pvt. Ltd.

Unit no. TF – 04, 3rd Floor, 38/17, #1678, Smart Avenue, Nehru Road, Kammanahalli, HRBR Layout, Bangalore – 560043, India

Email: [email protected]

By accessing or using the Refresh Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree, please discontinue use of our Platform immediately.