Solfin Sustainable Finance Private Limited

1. Introduction

XSFinance and Investment Private Limited (the "XSFinance") is a Company registered under the Companies Act 2013 and engaged in the business of providing an end-to-end platform to the Customers to deliver best in class solar projects through a network of trusted EPC partners and in-house financing/leasing arm.

Solfin Sustainable Finance Private Limited (subsidiary of XSFinance and Investment Private Limited) is a Non-Banking Financial Company not accepting public deposits (hereinafter referred to as "Solfin"). XSFinance is a Lending Service Provider to Solfin.

XSFinance and Solfin together hereinafter referred to as "Solfin", "Company", "We", "Us" or "Our".

XSFinance and Solfin operates under the brand name "Solfin". Solfin inter-alia operates through a website i.e. https://www.solfin.co.in, mobile applications and Google assistant bot (the "Platform"). These terms and conditions ("Terms") shall govern the use or access to the Platform and Services (as defined below). These Terms constitute a binding and enforceable legal contract between the Company and the User(s) of the Platform ("You", "Your" or "User").

2. General

Solfin aims to deliver a unified platform wherein Customers desirous of implementing sustainable energy, solar roof top and green projects can find EPC players, financing options and benefits accruing to customers in a single place. Further, Solfin is a platform facilitating the loan transactions between the borrowers and Solfin. All loan applications are approved and sanctioned by Solfin and communicated upfront during Loan application.

The Platform provides access to an online platform bringing together consumers, Solfin, data partners and other partners willing to abide by the Terms & Conditions herein.

In the event You wish to avail any of the Products displayed on the Platform you will be required to provide certain information and our representatives may contact You through phone or email to understand Your requirements.

Solfin provides various services, including but not limited to ("Services"):

1. a)Facilitating purchase of Solar Panels, Solar Projects;
2. b)Facilitating installation of Solar Panel/ Project through verified EPC partners;
3. c)Assisting its Users to obtain finance from Solfin for purchase or installation of Solar Panels/ Projects;
4. d)In the event You have registered Your phone number on the Do Not Disturb registers with Your network provider, You shall ensure to take all steps to enable the Company's representatives to contact You via phone to provide details about different financial products and You shall ensure that such calls received by You are pursuant to You providing Us with information and You shall not register a complaint with the relevant authorities for the same.

For the provision of the above mentioned Services, Solfin will be using and sharing the information of the User with third parties, as may be required for the purpose mentioned above and Solfin shall also run multiple credit checks to be able to get the best available offers to suit the needs of the Users. The collection, storing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy available on the Platform.

3. Eligibility

The User of this Platform unequivocally declares and agrees that the User is a natural/ legal person who has attained the age of at least 21 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the Services in accordance with the terms and conditions detailed hereinafter. By registering on the Platform, the User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions, or otherwise violates an agreement entered into through the medium of the Platform, Solfin may terminate the User's membership, delete his/her profile and any content or information posted online by the User on the Platform and / or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if Solfin believes that User is under the age of 21 years.

4. Acceptance of Terms and Conditions

As a User of this Platform, you have agreed to the Terms & Conditions provided hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform. You are advised to read and understand the said Terms & Conditions and in case You do not wish to agree to these Terms & Conditions, please refrain from using the Platform.

Solfin reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. Any changes made to these Terms and Conditions will be communicated to the email address of the User maintained in our records, within a reasonable time from the date of modification. Solfin does not take responsibility in case the email address provided by the User is either incorrect or does not belong to the user. The User's continued use of the Platform following the notification of modification of these Terms and Conditions will be construed to mean the acceptance by the User of the modified Terms and Conditions.

5. Privacy

Solfin collects certain information from You in order to provide the Services. Solfin's use of Your personal information is governed in accordance with the Privacy Policy.

6. License and Access

Solfin grants You a limited license to access and use the Platform for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of Solfin and / or its affiliates, as may be applicable. Any unauthorized access to the Platform or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms & Conditions, is not permitted.

You are permitted to use content delivered to You through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

7. Monitoring of the Platform and Your Account

Solfin has the right and liberty to monitor the content of the Platform at all times which shall include information provided in Your account. The monitoring of the Platform is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, Solfin shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

8. Service Suspension

Solfin may stop providing the Services and may terminate use of it at any time without giving notice of termination to You. Unless Solfin informs the User otherwise, upon any termination:

1. a)the rights and licenses granted to You in these terms will end.
2. b)User must stop using the Platform forthwith. Solfin reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.

9. Services

The Platform allows You work out savings from using Our Solar Calculator, find EPC partners in Your area and offer financing options to You. Onboarding of EPC Players, DSA's and Premium Partners are also enabled through the website.

The Platform is a medium of bringing all relevant players to the green, renewable, sustainable finance eco system together.

10. On-Boarding

1. a)To avail the Services, You would be required to create a profile/sign-up on the Website ("Profile") using your email ID and phone number, among other details. You warrant that all information furnished in connection with Your Profile is and shall remain accurate and true in all respects.
2. b)You are solely responsible for maintaining the security and confidentiality of Your username and password and agree to immediately notify the Company in writing of any disclosure or unauthorized use of Your Profile.
3. c)You expressly agree to be liable and accountable for all activities that take place through Your Profile in furtherance of the use of the Website or the Service provided or otherwise.

11. Third Party Services

1. a)The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party ("Third Party Services") or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided the services.
2. b)Solfin makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including the accuracy or completeness.

12. Limitation of Liability

Solfin does not hold any liability for any occurrence arising from Your usage of Our Services resulting in any financial, material or human damage. You understand and agree that Solfin shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses.

Notwithstanding anything to the contrary contained herein or elsewhere, Solfin's total liability for any User's claim which may arise out of availing our services through browsing Our Platform shall be limited up to the fees paid by such User, if any, at the time of availing the Services giving rise to such claim.

All claims/complaints arising from and in connection with the use of Our Services shall be promptly submitted or reported to Solfin and or/ its Partners within thirty (30) days of the consumption of such Services. Any claim or complaint that is submitted / reported after the expiry of such 30 days may be rejected.

13. Term and Termination

1. a)These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
2. b)Solfin may terminate Your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the user violates or breaches any of its obligations.
3. c)Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

14. Disclaimers and Warranties

1. a)The use of the Services is at your sole risk.
2. b)To the extent permitted by applicable law, the Services are provided on an as is and as available basis.
3. c)To the fullest extent permissible under applicable law, Solfin expressly disclaims all warranties of any kind, express or implied.

15. Indemnity

You shall indemnify, defend at Solfin's option, and hold Solfin, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs due to or arising out of your use of the Website or the Services provided.

16. Consent to Use Data

1. a)You agree that Solfin and any third-party service providers it engages, may, in accordance with its privacy policy, collect and use your information and technical data.
2. b)Solfin may use information and data pertaining to Your use of the Services for analytics, trends identification, and purposes of statistics.

17. Fees / Charges

Solfin reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services and/or action under applicable law.

18. Modification

Solfin reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. Solfin shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

19. Jurisdiction, Governing Laws, and Dispute Resolution

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Haryana and / or Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Haryana and / or Delhi in accordance with the Arbitration and Conciliation Act, 1996. The tribunal shall consist of 1 (one) arbitrator appointed by Solfin. The language of the arbitration shall be English.

20. Miscellaneous Provisions

1. a)Modification – Solfin reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services.
2. b)Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.
3. c)Assignment – You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms without Solfin's prior written consent.
4. d)Notices – All notices shall be sent to info@solfin.co.in
5. e)Third Party Rights – No third party shall have any rights to enforce any terms contained herein.