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Terms and Conditions

Effective date: 20th Feb 2024

Important Notice

These terms and conditions contain the terms on which You (User) access and register on the LARK's Web & Mobile technology platform (Platform), owned and managed by LARK FINSERV PRIVATE LIMITED (LARK) to avail various loan facilities offered by our different partner Banks/NBFCs through the Platform.

Kindly carefully read these terms of use. Whether or not you are a registered member of the Platform, by accessing the Platform or using this service, you indicate that you have read, understood, and agree to be bound by these terms and conditions, the privacy policy, and any other applicable law.

"If you do not agree with these terms, we kindly request that you refrain from accessing the Platform or using this service."

1. Terms and Conditions

We reserve the right to update or modify these T&Cs at any time. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these T&Cs, as updated or modified. For this reason, we encourage you to review these T&Cs each time you access and use the Platform and/or avail our Services.

2. Purpose

LARK's Web & Mobile technology platform (Platform) offers various loan facilities through its various Banks/NBFC partners. User can avail loans by completing the entire application process on the Platform itself. Further, the User can withdraw from the approved credit facility and repay the EMIs of the loan using the Platform itself.

3. Services

LARK will make an effort to locate a lending Partner who best meets your needs. You are aware that by signing the "Credit Facilitation Agreement," you have committed to using the Partner's credit/loan facility. While LARK shall make reasonable efforts to ensure that you find a suitable Partner, LARK does not guarantee that such Partners shall meet your requirements or expectations.

The credit limit that has been granted to you will be decided by the lending Partner further information about this will be accessible on your account. The Partner may, at its sole discretion, permit disbursements subject to this credit limit by verifying the amount of the disbursement and any additional terms and conditions of the disbursal (as decided by the lending Partner) as stated on the Platform and in the Credit Facility Agreement.

LARK shall provide the following facilities to you ("Services"):

  • To facilitate the credit facility from the Partner and enable the execution of Credit Facility Agreement with such Partner in this regard;
  • To facilitate collection of equated monthly installment (as determined by the Partner), (either directly or its affiliates or through third party service providers) from you in order to forward it to the Partner in relation to the credit facility you have obtained; and
  • To create and maintain your Account in connection with the Services, on the Platform.

Important: LARK is the technology and operating partner to its Lending Partner(s). As a service provider, LARK shall undertake communication, transaction and processing on behalf of its Partners. At no point, LARK is representing itself as a lending company.

4. Eligibility

You guarantee and represent that you are of legal age to enter into and be bound by this T&C and that you are competent. If you are not legally able to enter into contracts under the relevant laws, rules, and regulations, you are not permitted to access and use the Platform or use our services.

You, as a User, further represent that you are an Indian national with tax residency in India in order to access the Platform and use its services. Additionally, you guarantee and represent that you do not reside in any other nation for tax purposes.

If LARK, in its sole discretion, concludes that a transaction undertaken by a User is not authorized by that User, or that the transaction is not genuine or suspicious, we shall have the right to refuse to process the transaction through the Platform.

If you are a representative of a company, partnership firm, or sole proprietorship, you may only access the Platform and use its features and facilities on their behalf if you have received the necessary authorization through corporate action, as may be required by law or by the charter documents of such entity, and if you have also satisfied any additional eligibility requirements that LARK may impose in relation to this.

5. Representations, Warranties and Undertaking

The information and data contained in the Platform do not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services in any jurisdiction other than India.

All information provided by you to LARK is accurate, correct and true.

You acknowledge and agree that LARK is entitled to remove any/all the information on the Platform that is in contravention of these T&Cs.

You hereby authorize LARK, to make any enquiries with any other finance company/bank/registered credit bureau/mutual fund RTA/Broker/Depository regarding your credit history & investment details with them, in connection with the Services under these T&Cs.

In accordance with all applicable laws, regulations, and the terms of any agreements you may have with LARK and/or the Partner, you agree not to engage in any activities related to the Services.

You covenant not to use the Platform for any illegal or immoral purpose, or to (i) create multiple accounts or fake accounts, (ii) create accounts fraudulently, or (iii) create accounts in multiple names.

Liability: You acknowledge that LARK disclaims all liability for any claims made by you or any third party and that it makes no warranties for its services. You agree to accept responsibility for the Services you use from LARK and to bear all liability for them.

6. Collection

You agree to:

  • Allows LARK (or its third party service providers), on behalf of the Partner, to send you payment reminders from time-to-time;
  • Allows LARK (or its third party service providers), on behalf of the Partner, to engage in collection efforts to recover amounts that you failed to pay to the Partners, pursuant to these (i) T&Cs; and/or (ii) terms and conditions of the Partner. Among other things, these collection efforts might entail getting in touch with you directly or using any other contact information you gave when creating your account, giving your information to a collection agency, or filing a lawsuit.
7. Collection of Information

In the course of availing Services, you authorize LARK, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with these T&Cs and with our Privacy Policy.

This could entail requesting more details from you so we can reasonably identify you, making you verify that you are the owner of your email address or financial accounts, or cross-referencing your information with databases maintained by third parties or other sources.

You also provide your consent to LARK to use and share the information provided by you in connection with the Services. You also agree and consent to LARK to assess the information, based on your usage of the App.

Authorization

You authorize Lark Finserv Pvt Ltd, its affiliates, business associates, and their respective representatives to send you promotional communications regarding their respective products and/or services via telephone calls, SMSs, emails, WhatsApp, or any other electronic modes.

Data Usage

Lark Finserv Pvt Ltd uses your personal data in collaboration with lending partners to facilitate the processing of your loan application and with third-party partners to provide you with relevant products and services.

Important: The obligation to provide accurate data, including but not restricted to contact information, account details, and amounts lies solely with you. LARK shall not be responsible to verify the accuracy of the information/details provided by you.

8. Intellectual Property Policy

The intellectual property of us and our licensors includes all of the content on the Platform, including but not limited to all page headers, images, illustrations, graphics, audio clips, video clips, or text, reports generated, trademarks, and trade names.

You are able to use the Platform, access its features and resources, and make use of its content in relation to its subject matter. Without our prior written consent, you are not allowed to copy, distribute, make derivative works of, display, or use the Platform Content, features, or facilities for commercial purposes.

Ownership: LARK and its licensors, if any, are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.

9. User Account, Passcode & Security

On the Platform, you will be able to approve significant actions using a security passcode or one-time password (OTP). You are in charge of keeping your account ("Account") and the one-time password (OTP) or security passcode private.

You are also entirely accountable for any actions taken with your Account. You pledge to: (a) notify us right away of any unauthorized use of your passcode, OTP, or account, as well as any other security breach; and (b) make sure you log out of your account at the end of each session.

Warning: If you violate this Clause, we cannot and will not be responsible for any loss or damage you sustain.

You now understand that submitting a formal request is the only way to have your account deactivated or your records deleted from us. To that end, LARK shall comply with all applicable legal requirements regarding the removal and/or deletion of all such information.

10. Use of Platform – Features and Facilities

Through the Platform, LARK assists Users to gain access to certain credit facilities from its Banks / NBFC Partners.

LARK hereby grants to you a restricted, non-transferable, license to access your account via the Platform's web & mobile app interface, which you own or control, to avail of the functions and features in accordance with these T&Cs.

When using the Platform, you will need to give us certain financial and personal information. This information will be gathered and stored in accordance with the guidelines outlined in our privacy policy.

Platform Updates

LARK may update the Platform from time to time in order to, inter alia, increase its efficiency, optimize user interface and add new features and/or facilities.

Data Collection

When you visit our Platform, we permit our affiliates or third parties to use third-party web beacons or cookies to gather certain information about you.

The name on the application will be the same as the name on file with NSDL's PAN records.

Social Media Policy: If you are writing anything about LARK on social media or elsewhere, you must get permission from LARK first. We reserve the right to take severe measures against you if you publish any information about us without first obtaining our written consent.

11. Service Providers

Third-party service providers and individuals may be hired by us for the following purposes:

  • To make our service easier to use;
  • To handle service provision on our behalf;
  • To carry out service-related tasks; or
  • To help us with usage analysis.

You agree that your personal information may be accessed by third-party service providers, agents, or agencies as needed to help us provide the services, and that these parties are not permitted to use the information for any other purpose. It is required of the third-party service providers to keep the information confidential and not to use it for other purposes.

12. Your Rights & Preferences as a Data Subject in India

These T&Cs are intended for Users within the territory of India and govern your rights as per applicable law within the territory of India. But if you live in a jurisdiction where Indian law does not apply, we will not be responsible for any claim, action, or right you start or exercise under the laws of that jurisdiction. As a result, we kindly ask that you use the Platform appropriately.

13. Customer Communications

By accepting these terms and conditions, you give us, our agents, representatives, affiliates, and anyone calling on our behalf explicit permission to contact you at any phone number, email address, or physical address you provided when registering for an account.

You also consent to us contacting you in any way, including, but not limited to, text messages and SMS messages, WhatsApp, calls with prerecorded or artificial voicemails, calls and messages sent via automated phone dialing or text messaging, and notifications sent via the internet or a mobile app.

Contact Information Accuracy

You affirm, guarantee, and represent that the phone numbers, email addresses, and any other information you have given us are genuine, accurate, up to date, and complete, and that you are the owner of the information and not someone else's.

You acknowledge and agree that any applicable laws regarding the unsolicited communication listed in the Telecom Regulatory Authority of India's "National Do Not Call Registry" (the "NDNC Registry") will not apply to any calls, SMS messages, push notifications, or messages sent through the WhatsApp messenger app by LARK, its agents, employees, or associates.

Opt-out: If you would not like to receive any promotional messages or communications, please contact us help@larkfinserv.com to let us know your preferences.

14. User Guidelines

In consideration of LARK granting you the rights hereunder, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&Cs and our Privacy Policy.

✓ Allowed Activities
  • • Personal, non-commercial use
  • • Legitimate loan applications
  • • Authorized account access
✗ Prohibited Activities
  • • Creating multiple/fake accounts
  • • Unauthorized access attempts
  • • Malicious software distribution
15. Indemnification

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 Platform in violation of these T&Cs and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

Survival: The terms of this provision will survive any termination or cancellation of these T&Cs or your use of the Platform.

16. Support

Basic support for the Services shall be provided by LARK. LARK shall also use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:

  • Planned downtime (of which LARK shall give at least 4 hours' notice); or
  • Any unavailability due to circumstances beyond LARK's reasonable control.
17. Warranties

"AS IS" BASIS

The Platform is made available "as is" and "as available" with all of its features and functions. All warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed by us.

We promise to use reasonable efforts to ensure that the Platform, along with its features and functions, is always accessible. We do not, however, guarantee that the Platform will satisfy your needs or that it will operate without interruption, on time, securely, or without errors.

If an event or a sequence of related events occurs that is outside of LARK's control, such as an internet outage, attempted hacker attack, hacker attack, denial of service attack, virus, or other malicious software attack or infection, we will not be held responsible for the loss and/or damage of the user's confidential information or data.

Security Responsibility: It is recommended that you safeguard your passcode, one-time password (OTP), username, and password. If you make mistakes or fail to take action and your account is compromised, we won't be held responsible.

You download any content from the Platform at your own risk and discretion, and you bear full responsibility for any data loss or device damage that may arise from downloading any such content.

19. Closure of Accounts

In the event you do not log in to the Platform or use the Services for two (2) or more years, LARK may close your Account. However, LARK will retain your information in accordance with these T&Cs and our Privacy Policy.

20. Limitation of Liability

Important Limitation: We shall not be liable in any way for any direct, indirect, punitive, incidental, special, or consequential damages, or for any other kind of damages at all, including, without limitation, damages for lost profits, data, or use, resulting from or connected in any manner to the use, performance, or access of this Platform's features and functions, or for any delays, interruptions, etc. even if we were advised of the possibility of damages.

This clause shall survive in perpetuity.

21. Severability

In the event that any of these terms and conditions is found to be unlawful, void, or unenforceable by any applicable laws, then: (a) the unlawful, void, or unenforceable provision will be replaced with another that is not prohibited, enforceable, and, to the greatest extent possible, has the same legal and commercial effect as the original; and (b) the remaining terms and conditions of these terms and conditions will remain fully enforceable and unaffected by the illegal, void, or unenforceable provision or by its severance from these terms and conditions.

22. Termination

These T&Cs and the right to use granted hereunder shall take effect on the date you create an Account with the Platform, and shall continue in effect until termination of these T&Cs in accordance with this section.

We may, at any time and for any reason, suspend or terminate your use of the Platform and notify you in advance of the change.

The license and rights granted to you under this agreement will expire upon termination, and you will no longer be permitted to use the Platform.

23. Waiver

Any failure on the part of LARK to require performance of any provision of these T&Cs shall not affect its right to full performance thereof at any time thereafter, and any waiver by LARK of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

24. Assignment

You shall not assign or transfer any rights, obligations, or privileges that you have under these T&Cs, without the prior written consent of LARK.

LARK reserves the right to assign its rights, obligations or privileges to third parties and you hereby agree to such assignment. Any transfer or assignment made in contravention of this clause will be regarded as void.

25. Independence from Platforms

The Platform operates separately from all other platforms that it is situated on. The Platform has no connection whatsoever to any platform operator, including but not limited to Apple, Google, Android, or any other operator (collectively, "Operators").

The Operator's terms and conditions also apply to your use of the Platform and your access to it.

You and LARK acknowledge that these T&Cs are concluded only between you and LARK, and not with an Operator, and LARK, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these T&Cs.

Third Party Beneficiaries

You and LARK agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, that Operator will have the right to enforce these T&Cs against you as a third party beneficiary thereof.

26. Updates

LARK maintains the right to update the Platform periodically to add new features, improve user interface, and boost efficiency, among other things. You will receive update packages on your device, which you can download and set up.

You hereby agree to install the updates from time to time and acknowledge that LARK will only be able to provide Account support for the Platform if you ensure installation of all updates upon receiving notifications thereof when using the Platform.

27. Validity of T&Cs

These T&Cs 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 and avail Services.

28. Security

It is forbidden for you to breach or attempt to breach the Platform's security. This includes, but is not limited to:

  • Accessing data that is not meant for you or logging into an account that you are not authorized to access;
  • Trying to probe, scan, or test a system's or network's vulnerability;
  • Breaching security or authentication measures without the necessary authorization;
  • Interfering with any User's, host's, or network's service.

Legal Consequences: Should you breach the provisions of this Clause, you will be liable to be prosecuted under the Information Technology Act, 2000 and other applicable statutes. We shall promptly notify the appropriate law enforcement authorities of the breach.

You pledge to notify us right away of any occurrences involving actual or suspected illegal access, disclosure, alteration, loss, damage, or destruction of data.

29. Monitoring

Any duly authorized employee or agent of ours in the course of their duties may monitor, examine, save, read, transcribe, store, or retransmit any electronic communications or content that is presented and/or passed to us, including that which is presented and/or passed from remote access connections.

Law enforcement authorities may also assist us in our investigation of potential violations or non-compliance with applicable law. Content and electronic communications can be analyzed automatically.

Furthermore, any electronic communications or content that we determine to be in violation of LARK's corporate policies and procedures may be removed from the Platform at our sole discretion.

30. Governing Law and Jurisdiction

Jurisdiction

These T&Cs (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the Platform, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Delhi, India, in the event of any disputes arising out of or in relation to your access to and use of the Platform.

Need Help?

If you have any questions about these Terms and Conditions, please contact us: