1. Introduction
Welcome to Capex Credit Circle Private Limited ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at www.capexcreditcircle.in, our mobile applications, and any related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
These Terms should be read together with our Privacy Policy and our Payment & Refund Policy.
2. Nature of Our Role — Technology Platform, Not a Lender
Capex Credit Circle is a technology company. We build and operate software, credit-assessment tooling, and a capital-facilitation platform that connects businesses seeking growth capital with independent capital providers.
We are not a bank, non-banking financial company (NBFC), lender, or credit institution. We do not lend money, underwrite credit, or disburse funds from our own books. All funding facilities discovered or applied for through our platform are provided, approved, priced, and disbursed solely by independent third-party lenders, NBFCs, banks, or capital partners (each a "Partner Lender"), who are the sole credit grantors and counterparties to any loan or funding agreement.
Our role is limited to providing the technology, facilitation, assessment, and advisory services that enable you to discover, apply for, and manage capital relationships. Any credit or investment decision rests entirely with the relevant Partner Lender or capital provider.
3. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Be a resident of India
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using financial services under applicable law
- For business accounts: be authorized to act on behalf of the business entity
4. Account Registration
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
We reserve the right to suspend or terminate accounts that violate these Terms or contain false or misleading information.
5. Our Services
Capex Credit Circle provides technology and facilitation services including but not limited to:
- QuickCap, PostPay, and Assisted Capital: platform products that connect you with Partner Lenders offering short-term liquidity, deferred-payment, and debt/equity funding solutions
- Credit assessment and business evaluation technology
- Financial consulting and advisory services
All funding products are offered by Partner Lenders and are subject to their credit approval, documentation, pricing, and terms. Approval, interest rates, and disbursement decisions rest solely with the Partner Lender. Submission of an application through our platform does not constitute an offer or guarantee of funding.
6. Financial Terms & Conditions
6.1 Application Process
Submission of an application does not guarantee approval. All applications are subject to the Partner Lender's credit evaluation process, verification of information, and compliance checks as required by applicable regulations.
6.2 Charges & Fees
Interest rates and lending charges are determined by the relevant Partner Lender based on their assessment. Any platform, facilitation, or advisory fees charged by Capex Credit Circle are separate from lender charges and will be disclosed to you before you incur them. All applicable charges are disclosed before you accept any offer.
6.3 Repayment Obligations
Where a funding facility is approved, your repayment obligations — principal, interest, and charges — run to the relevant Partner Lender under the loan or facility agreement you enter into with them, and are governed by that agreement, the Partner Lender's policies, and applicable RBI regulations. Any fees payable to Capex Credit Circle for our technology, facilitation, or advisory services are separate and are governed by our Payment & Refund Policy.
6.4 Security & Collateral
Certain funding products may require collateral or security. The nature and value of security will be determined by the Partner Lender based on the funding amount and risk assessment.
7. User Obligations
You agree to:
- Use the Services only for lawful purposes
- Provide true, accurate, and complete information in all applications
- Not submit fraudulent applications or misrepresent your financial status
- Comply with all applicable laws and regulations
- Not interfere with or disrupt the Services or servers
- Not attempt to gain unauthorized access to any part of the Services
- Not use the Services to transmit harmful code or malware
8. Intellectual Property
All content, trademarks, logos, and intellectual property on our Services are owned by or licensed to Capex Credit Circle Private Limited. You may not:
- Copy, modify, or distribute our content without permission
- Use our trademarks without prior written consent
- Reverse engineer any part of our Services
- Create derivative works based on our Services
9. Data, Content & Licence
By using our Services, you grant Capex Credit Circle a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable licence to host, store, reproduce, process, and use the data, documents, and content you submit ("User Data") for the purposes of operating and improving our Services.
This licence expressly includes the right to use User Data to develop, train, fine-tune, test, and improve our artificial-intelligence and machine-learning models, analytics, and products. We use User Data for these purposes in two ways: (a) in de-identified, anonymised, or aggregated form, which no longer identifies you, for analytics, research, and AI/ML model development; and (b) in identifiable form, where you have given your consent, to personalise and improve outcomes and to train models that power our Services.
You may withdraw consent for the use of identifiable data for AI/ML training at any time as described in our Privacy Policy, without affecting the lawfulness of processing carried out before withdrawal or our use of de-identified or aggregated data. Our handling of personal data is governed by our Privacy Policy.
10. Privacy
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to the data practices described there. Payments, cancellations, and refunds of any fees payable to us are governed by our Payment & Refund Policy.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:
- The Services will be uninterrupted or error-free
- Any defects will be corrected
- The Services are free of viruses or harmful components
- Any funding application will be approved
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPEX CREDIT CIRCLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
Our total liability for any claim arising from your use of the Services shall not exceed the fees paid by you to us in the twelve (12) months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Capex Credit Circle, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of a third party
- Any false or misleading information you provide
14. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
Before initiating any legal proceedings, you agree to attempt to resolve any dispute through good-faith negotiation and, if unsuccessful, through mediation or arbitration as per the Arbitration and Conciliation Act, 1996.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified through email or prominent notice on our website. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
16. Termination
We may suspend or terminate your access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
Upon termination, your right to use the Services will cease immediately. All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
17. Regulatory Compliance
Capex Credit Circle operates as a technology service provider. We are not a regulated lender; however, our Partner Lenders, Capital Partners, Insurance Providers and Distributors and/or other regulated entities are regulated by the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), the Insurance Regulatory and Development Authority of India (IRDAI), or other authorities as applicable, and we support their compliance obligations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements. We process personal data as a Data Fiduciary under the Digital Personal Data Protection Act, 2023.
18. Contact Information
For questions or concerns about these Terms of Service, please contact us:
Capex Credit Circle Private Limited
B4/174A, Lawrence Road
Keshav Puram, Delhi - 110035
India
Email: [email protected]
Phone: +91 91232 52712
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy, our Payment & Refund Policy, and any specific product terms, constitute the entire agreement between you and Capex Credit Circle regarding the use of our Services and supersede any prior agreements or understandings.