Terms & Conditions
Introduction
Welcome to CAPIFIED. These comprehensive and exhaustive Terms and Conditions (“Agreement”) outline the legally binding terms governing your property application process through CAPIFIED (“Website”). By actively participating in the application process, you (“Applicant”) unequivocally express your consent to be fully bound by and diligently adhere to the stipulations set forth in this Agreement.
1. Application Process
1.1 Meticulous Application: The Applicant affirms their commitment to engage earnestly in the property funding process by meticulously completing the form accessible to the applicant.
1.2 Accurate Information: With a sense of responsibility, the Applicant obliges to furnish accurate, comprehensive, and up-to-date property and personal information that is requisite for the effective evaluation of the property application.
1.3 Compliance with Requirements: The Applicant acknowledges the vital importance of adhering to the specified information requirements. Any failure to meet these requisites may lead to the regrettable rejection or cancellation of the application, thereby releasing CAPIFIED from any obligations or liabilities associated therewith.
1.4 Preliminary Valuation Consideration: Recognizing that the preliminary property valuation extended by CAPIFIED is inherently an estimate, the Applicant accepts that any decisions made solely based on this estimate are undertaken at their own risk, with no responsibility attributed to CAPIFIED.
2. What Information We Collect
2.1 Personal Information: We collect a variety of personal information that you provide voluntarily. This may include your full name, contact details (such as email address and phone number), property information, financial data, employment history, and any other relevant information that is essential for evaluating your funding application.
2.2 Usage Information: We also gather information about your interaction with our Website. This includes pages visited, browser type, device information, IP addresses, cookies, and other tracking technologies. This information helps us analyze user behavior, improve our services, and enhance your experience on our platform.
3. How We Use Your Information
3.1 Application Evaluation: The personal and property-related information you provide is used to thoroughly assess your property funding application. This enables us to conduct accurate property valuation and due diligence.
3.2 Communication: Your contact details allow us to communicate with you regarding your application status, funding opportunities, important updates, and any inquiries you may have.
3.3 Improving User Experience: The usage data we collect helps us analyze patterns and preferences, enabling us to optimize the functionality, design, and content of our Website for a better user experience.
3.4 Legal and Regulatory Compliance: We may process your information to fulfill our legal and regulatory obligations, respond to legal requests, and prevent fraudulent activities.
4. Privacy and Data Handling
4.1 Personal Data Handling: CAPIFIED places a paramount emphasis on safeguarding your personal data. By using our services, you acknowledge and consent to the collection, processing, storage, and usage of your personal information as outlined in our Privacy Policy.
4.2 Information Collection: CAPIFIED collects personal information, including but not limited to your name, contact details, property information, financial data, and employment history. This information is essential for evaluating your funding application accurately.
4.3 Usage Data: CAPIFIED may collect usage data such as pages visited, browser type, device information, IP addresses, cookies, and other tracking technologies. This data helps us analyze user behavior and improve our services.
4.4 Data Usage Purpose: The collected data is used for purposes including application evaluation, communication, user experience enhancement, legal compliance, and protection against fraud.
4.5 Sharing of Information: CAPIFIED may share your information with trusted third-party service providers, funding partners, and legal authorities in compliance with applicable laws and regulations.
4.6 Data Security: CAPIFIED employs industry-standard security measures to protect your data from unauthorized access, alteration, or disclosure. These measures include encryption, secure data storage, access controls, and regular security audits.
4.7 Data Retention: We retain your personal information for as long as necessary to fulfill the purposes outlined in this Agreement, or as required by law.
4.8 Children’s Privacy: Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware of such information being collected inadvertently, we will take immediate steps to delete it.
4.9 Third-Party Links: Our Website may contain links to third-party websites. While we strive to link to reputable sources, we are not responsible for their privacy practices. We recommend reviewing the Privacy Policies of those websites before providing any personal information.
4.10 Cookies and Tracking: CAPIFIED may use cookies and tracking technologies to enhance user experience, gather usage information, and personalize content. You can manage your cookie preferences through your browser settings.
4.11 Updates to Privacy Policy: Our Privacy Policy may be updated periodically to reflect changes in our practices and legal requirements. We will notify you of any significant changes through our Website.
4.12 Consent: By using our services and submitting your application, you consent to the collection, processing, and usage of your personal information as described in this Privacy Policy.
5. Property Valuation & Due Diligence
5.1 Comprehensive Valuation and Diligence: Acknowledging the need for comprehensive property valuation and legal due diligence, CAPIFIED demonstrates its dedication by employing meticulous assessment procedures, thereby ensuring the validity and integrity of the funding process.
5.2 Preliminary Property Assessment: CAPIFIED may, at its discretion, provide the Applicant with an estimated preliminary property assessment before embarking on the comprehensive valuation journey. This preliminary assessment serves as an initial insight into the property’s potential value.
5.3 Responsibility for Costs: The Applicant acknowledges and undertakes the responsibility for the cost associated with the exhaustive property valuation and Legal Due Diligence. These costs encompass fees for professionals such as appraisers, surveyors, and legal experts engaged by CAPIFIED to ensure a thorough assessment. Payment initiation for these costs is a necessary step for the commencement of the valuation process.
5.4 Factors Influencing Valuation: With a commitment to precision, CAPIFIED leverages the expertise of its proficient professionals to ascertain the fair value of the property. Factors such as location, size, condition, market trends, and other relevant variables are judiciously considered in this valuation process.
5.5 Reliance on Applicant’s Information: Recognizing that the valuation outcome is contingent upon the information provided by the Applicant, CAPIFIED highlights that it cannot be held liable for inaccuracies, omissions, or misrepresentations in the submission that may impact the valuation outcome.
5.6 Transparent Valuation Process: The Applicant is informed of the fundamental integrity of CAPIFIED’s valuation process, conducted in good faith and with rigorous due diligence. This process ensures an impartial and equitable assessment of the property’s value.
5.7 Dynamic Valuation Nature: CAPIFIED acknowledges that the valuation it provides, though rooted in care and expertise, is inherently an estimate and subject to subsequent analysis. The Applicant understands that certain factors may necessitate further assessment and adjustments to the initial valuation figure.
5.8 Reasonable Adjustments: In its commitment to fairness, CAPIFIED retains the right to conduct an in-depth analysis, incorporating additional aspects such as physical inspections, market dynamics, legal intricacies, and other pertinent elements that contribute to the property’s value.
5.9 Transparent Communication: To uphold transparency and ensure mutual understanding, CAPIFIED communicates any necessary adjustments to the valuation figure to the Applicant in a timely manner.
5.10 Non-Refundable Payment: The Applicant acknowledges the non-refundable nature of the payment made for comprehensive due diligence and property valuation conducted by CAPIFIED. This payment is intended to cover the costs and expenses incurred in conducting a thorough assessment and is binding regardless of application withdrawal or termination due to inaccurate information.
6. Offer of Funding
6.1 Exclusive Funding Opportunity: CAPIFIED, vested with the authority to evaluate funding opportunities, reserves the exclusive right to present funding opportunities based on property valuation and other pertinent factors.
6.2 Role of CAPIFIED: The Applicant comprehends that CAPIFIED’s role is to facilitate funding opportunities for verified buyers, considering factors such as market trends and the financial standing of the Applicant.
6.3 Transparent Opportunity Communication: Once a funding opportunity is identified by CAPIFIED, it undertakes to communicate the intricate details of the opportunity to the Applicant. This communication ensures clarity and understanding of terms, conditions, and specifics of the proposed arrangement.
6.4 Voluntary Acceptance: The Applicant retains absolute discretion in accepting or rejecting the funding offer presented by CAPIFIED on behalf of verified buyers. The autonomy of the Applicant’s decision is free from coercion or obligation.
7. Property Funding
7.1 Seamless Disbursement Process: In the event of the Applicant’s acceptance of a funding offer, CAPIFIED pledges to undertake all requisite documentation and procedural formalities to ensure the seamless and lawful disbursement of the agreed-upon funds.
7.2 Secured Funding: The funded amount is secured against the property specifically identified by the Applicant. The Applicant consents to the creation of a transfer of title, legal charge, encumbrance, or lien on the property as a means of securing the repayment of the funded amount.
7.3 Cooperative Participation: The Applicant agrees to actively cooperate with CAPIFIED throughout the funding process, including providing additional documents, information, or clarifications as reasonably requested for the validation and authentication of the submitted application.
7.4 Documentation of Terms: The comprehensive terms and conditions governing the funding arrangement, schedules, fees, charges, and other pertinent provisions, are meticulously outlined in separate agreements and policy documents which shall be executed depending upon the due diligence and assessment.
8. Property Ownership and Liens
8.1 Affirmation of Ownership: The Applicant unequivocally declares themselves as the lawful owner of the property or one authorized to seek funding against it.
8.2 Security Interest Creation: The funded amount is secured by means of a title transfer, lien, charge, or encumbrance on the property in favor of Buyers registered with CAPIFIED.
8.3 Responsibility for Obligations: The Applicant acknowledges that failure to fulfill the obligations may lead to appropriate legal action, including the enforcement of the created security interest.
9. Privacy and Data Protection
9.1 Personal Data Handling: CAPIFIED, in strict compliance with its Privacy Policy, diligently manages all personal data submitted by the Applicant for the purpose of evaluating funding applications.
9.2 Informed Consent: By availing themselves of CAPIFIED’s services and submitting a funding application, the Applicant provides explicit and informed consent for the collection, processing, and utilization of their personal information for the sole purpose of evaluating the funding application.
10. Governing Law and Jurisdiction
10.1 Indian Jurisdiction: This Agreement is solemnly governed by the laws of India, with the exclusive jurisdiction of the courts situated in New Delhi.
11. Miscellaneous Provisions
11.1 Complete Understanding: The Applicant acknowledges that this Agreement, as presented in its entirety, constitutes the exclusive understanding and agreement between the involved parties.
11.2 Acknowledgment of Reading: By engaging in the application process, the Applicant certifies that they have diligently read, comprehended, and willingly agreed to the terms and conditions specified herein.
11.3 Accuracy of Information: The Applicant solemnly affirms the accuracy and authenticity of the information provided in the application submission. The Applicant undertakes to indemnify CAPIFIED against any consequences arising from misrepresentation, omissions, or inaccuracies in the information provided.
11.4 Binding Nature of Records: The records, documents, and communications maintained and held by CAPIFIED, including digital or electronic forms, are considered valid and binding evidence in case of disputes or legal proceedings.
11.5 Written Modification Requirement: No modification, alteration, or amendment to the terms and conditions outlined in this Agreement shall be effective without the express written consent and agreement of both parties.
11.6 Enforceability of Provisions: In the event that any provision of this Agreement is deemed invalid, unenforceable, or void by a competent legal authority, such provision shall be modified to the extent necessary to render it valid, enforceable, and compliant with the original intent of the parties. All remaining provisions shall remain unaltered and in full force and effect.
12. Acceptance of Terms
12.1 Affirmative Acceptance: By proceeding to submit the application form, the Applicant unequivocally manifests their affirmative acceptance of the rights, responsibilities, and obligations established within this Agreement.
12.2 Admissibility of Electronic Records: The Applicant acknowledges that electronic records, including but not limited to email communications, digital documents, and electronically generated records, are deemed admissible in any legal, administrative, or arbitration proceedings between the Applicant and CAPIFIED.
12.3 Legal Capacity: The Applicant affirms that they possess the legal age and capacity to enter into such a legally binding agreement.
12.4 Understanding of Rights and Obligations: The Applicant assures that they have comprehensively reviewed, understood, and acknowledged the rights and obligations stipulated within the terms and conditions of this Agreement.
12.5 Informed Decision-Making: The Applicant further acknowledges that CAPIFIED has provided them with all necessary information and disclosures required to make an informed and educated decision regarding their pursuit of funding application through the platform.
12.6 Funding Agreement Supersedence: The Applicant acknowledges that any funding offer extended and accepted, if applicable, will be subject to the distinct terms and conditions specified in separate agreements and policies.
12.7 Accountability for Information: The Applicant assumes sole accountability for the accuracy, completeness, and authenticity of the information submitted through the online application form.
13. Contact Information
For any queries, clarifications, or concerns regarding these meticulously outlined Terms and Conditions, please don’t hesitate to reach us at …………….@CAPIFIED.
Last Updated: [01/10/2023]