Terms & Conditions
By accessing or using any version of the k2gloans.com website and/or application (”website and/or app”) on any compatible device, you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law, whether or not you are a registered member of the website and/or app. As used herein, “Users” shall mean anyone who uses or accesses the website and/or App on any computer, mobile phone, tablet, console or other device (collectively, “Device“). Your continued use of the website and/or App shall be constituted as your acceptance to the T&C, as revised from time to time. If you do not agree with these T&C, please do not access and use the website and/or App. For the purposes of these T&C, “we”, “our” and “us” shall mean k2g, and/or third-party service providers engaged by k2g to render certain services on the website and/or App and “you” and “your” shall mean a User who meets the eligibility criteria set out below.
1. Terms and conditions subject to change
1.1. We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of the website and/or App following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the website and/or App.
2.1. You represent and warrant that you are above 21 years of age, competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the website and/or App if you are not competent to contract under the applicable laws, rules and regulations.
2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the website and/or App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as k2g may require in connection therewith.
2.3 You must be a human being to enter into these Terms. Any use of k2g System by ‘bots’ or other automated tools or methods is not permitted under this Agreement.
3. Intellectual Property Policy
3.1. All of the content on the website and/or App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“Website and/or App Content“), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the website and/or App and the website and/or App Content.
3.2. You may access the website and/or App, avail of the features and facilities and utilize the website and/or App Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the website and/or App Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular website and/or App Content, you could contact us in the manner provided for herein.
3.3. k2g and its licensors, if any, are the sole owners of the underlying software and source code associated with the website and/or App and all the trademarks, copyright and any other intellectual property rights of any nature in the website and/or App.
4. User Account, Passcode & Security
4.1. You have an option to set a security passcode on the website and/or App for availing the services of the website and/or app. You are responsible for maintaining the confidentiality of the passcode and your account (“Account”), and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
4.2. You hereby acknowledge that the deletion of the website and/or App from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of k2g, immediately upon receiving your written request to that effect k2g shall remove and/delete all such information. You hereby acknowledge that the removal of your details from k2g does not constitute termination of your obligations, if any, to our banking partner or k2g associates who may have approved your credit limit on k2g.
4.3 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 k2g website and/or app and/or the Services or result in k2g’s termination of this agreement with you. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by k2g in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to k2g shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.
5. Use of App – Services, Features and Facilities
5.1. Through the website and/or App, k2g assists Users to gain access to certain credit schemes from its banking and financial partners/k2g associates.
5.2. k2g hereby grants to you a restricted, non-transferable, license to download and use the website and/or App on a Device, having the specifications provided for in Clause 7 of these T&C , which you own or control, to avail of the functions and features in accordance with these T&C .
5.3. The k2g Service constitutes of Your access to k2g website and/or app, the assessment by k2g of your credit worthiness, and subject to k2g’s determining (in its sole and absolute discretion) that it is appropriate, your ability to submit an application (“Loan Application”) for credit facility (“Loan”) to a duly licensed entity being a designated financial institution or bank and who has partnered with k2g (“k2g Partner” or “k2g associates”) and use of such other functionalities of k2g as permitted by k2g. For the avoidance of doubt, k2g 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.
The website and/or App provides inter alia a combination of the following facilities to its visitors:
- Qualification for various financial products;
- Monitoring personal financial transactions and credit history; and
- Personal credit management.
You acknowledge that k2g allows You to submit a Loan Application on the basis of a determination made by methodologies and algorithms in k2g website and/or app. The k2g website and/or app undertake a dynamic evaluation of risk in relation to each Loan Application submitted by You based on various factors including the amount of the Loan, the credit eligibility parameters and other requirements set out by the k2g Partner/k2g associate. K2g website and/or app may undertake a separate determination in relation to each Loan Application made by you. Given the dynamic nature of the determination made by k2g, You acknowledge that there is no assurance or guarantee that k2g shall allow You to submit a Loan Application for each and every Loan that you seek to avail
You agree and accept that k2g or a k2g Partner/k2g associate may in its sole discretion, by its self or through authorised persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment details and obtain credit reports to determine creditworthiness from time to time.
The Service does not guarantee that the Loan sought by You will be disbursed to You by the k2g Partner. K2g will make a preliminary determination of Your creditworthiness in relation to every Loan sought by You and submits its determination in this regard to the k2g Partner. The final decision on whether or not to grant You the Loan will rest with k2g Partner/k2g associate and will be made using k2g Partner’s/k2g associate’s credit decisioning processes and methodologies. K2g Partner/k2g associate is free to reject any recommendation made by k2g to it about processing of a Loan Application or grant of Loan to You.
K2g Partner/k2g associate 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 Loan to You. When k2g Partner/k2g associate decides to grant a Loan to You, it shall require that You execute a loan/credit facility agreement (“Loan Documentation”) with it to record the terms of the arrangement.
Repayment: You must repay the Loan along with all interest, charges and fees payable to k2g Partner/k2g associate in such manner as prescribed by k2g Partner/k2g associate as and when it becomes due.
Separate Transactions: You acknowledge that a Loan disbursed under the Loan Documentation is a distinct transaction between You and k2g Partner/k2g associate, independent of k2g’s Service. Any dispute between k2g Partner/k2g associate and you with respect to any Loan disbursed to You, must be directly settled between k2g Partner/k2g associate and you and that you will not include or seek to include k2g in such dispute, failing which k2g shall be at liberty to take any and all actions that may be available to it to protect its interests.
Collection Authorization: You agree to allow k2g to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law.
5.5. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between you and third party/ies.
6. Customer Communications
6.1. Accepting these T&C , implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using prerecorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the website and/or App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
6.2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address (es).
7.1. In order to use the website and/or App, you are required to have a compatible Device with the minimum specifications as defined from time to time.
8. User Guidelines
8.2. The website and/or App is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the website and/or App or any deliverable generated by the website and/or App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the website and/or App; and/or (iii) create derivative works of the website and/or App.
8.3. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
8.4. You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the website and/or App. Also, you shall not reverse engineer or reverse compile our technology that is available on the website and/or App, as may be associated with the website and/or App from time to time.
8.5. You shall request k2g, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
8.6. You are responsible for any and all activities that occur in your Account. You agree to notify k2g immediately of any unauthorized use of the Account or any other breach of security. K2g shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform k2g, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
8.7. You shall be liable for losses incurred by k2g or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and k2g.
8.8. k2g shall make all reasonable efforts to ensure that your information is kept confidential. However, k2g shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
8.9. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and k2g shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
8.10. You understand and acknowledge that upon using the website and/or App, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the website and/or App, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
9.1. You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the website and/or App in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
he terms of this provision will survive any termination or cancellation of these T&C or your use of the website and/or App.
10.1. The website and/or App and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim 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.
10.2. k2g shall make reasonable efforts to make available the website and/or App and the functions and features at all times. However we make no warranty that the website and/or App shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do 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.
10.3. k2g 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 the control of k2g, 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.
10.4. Any material downloaded or otherwise obtained through the website and/or App is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&C .
11. Limitation of Liability
11.1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE K2G WEBSITE AND/OR APP REMAINS WITH YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’s AND/OR APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE WEBSITE AND/OR APP, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND/OR APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE WEBSITE AND/OR APP, OR INABILITY TO USE THE WEBSITE AND/OR APP, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
12.1. If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
13.1. k2g may terminate the use of the website and/or App at any time after giving notice of the termination to you.
13.2. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the website and/or App.
14.1. Any failure on the part of k2g to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by k2g of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
15.1. You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of k2g. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of k2g. Any assignment or transfer in violation of this clause will be deemed null and void.
16. Independence from platforms
16.1. The website and/or App is independent of any platform on which it is located. The website and/or App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
16.2. Your download, installation, access to or use of the website and/or App is also bound by the terms and conditions of the Operator.
16.3. You must comply with any applicable third party terms of agreement when using the website and/or App (e.g. you must ensure that your use of the website and/or App is not in violation of your Device agreement or any wireless data service agreement).
17.1. k2g reserves the right to update the website and/or App, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
17.2. You hereby agree to install the updates from time to time and acknowledge that k2g will only be able to provide Account support for the website and/or App if you ensure to install all updates upon receiving notifications thereof when using the website and/or App.
18. User Generated Content
You understand that all User Generated Content, to the extent permitted by the k2gwebsite and/or app, is the sole responsibility of the person from whom such User Generated Content originated. This means that you, and not k2g, 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. K2g 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.
* User Generated Content means any information that may be generated or encountered through your Use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You shall not use the Services to upload, download, post, email, transmit, store or otherwise make available any User Generated Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, pornographic, explicit, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable. You are responsible for backing up, to your own computer or other device, any important documents, images or other User Generated Content that you store or access via the Service. K2g shall use reasonable skill and due care in providing the Service, but k2g does not guarantee or warrant that any User Generated Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss
19. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of k2g used herein are trademarks or registered trademarks of k2g. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
20. Validity of T&C
20.1. These T&C shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the Account.
21. Governing Law and Justification