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Terms of use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.
1. GENERAL CONDITIONS
The website by the domain name “www.finansme.com” (hereinafter collectively referred to as the “Platform”) are owned and managed by Power2sme Private Limited, a company duly registered under the provisions of the Indian Companies Act, 1956 having its registered office at 1-B, Vikrant Enclave, Mayapuri, New Delhi, India- 110064 (hereinafter referred to as “Company”). The Platform is an electronic platform providing lending facilities such as personal loans and business loans to SMEs/users through various Non Banking Financial Corporations (NBFCs) and Banks (hereinafter collectively referred to as “Banking Partners”) subject to the terms and conditions mentioned herein along with terms and conditions of such Banking Partners. The Company (“we”, “us”, “our”) is just a facilitator enabling the users availing alone facilities through third party (Banking Partners). The Company is not registered as a Financial Institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
This Term of Use, together with Privacy Policy located at URL: www.finansme.com/terms-of-use.html and any other terms which may apply to any other specific services together with all other notices, disclaimers, guidelines (collectively referred to as Terms of Use) appearing on the Platform from time to time constitute the entire agreement upon which You (“you” or “user” or “your” or “customer”) are allowed to access and use the Platform and avail the services. You are required to read and accept all of the Terms of Use before You may use the Platform. By visiting/accessing/ downloading/using the Platform, we understand that You have fully read, understood and accepted the Terms of Use. In addition, when You use any current or future version of the Platform and/or any of its service or business or by clicking the “I Agree” button while downloading the FinanSME APP, will constitute a symbol of your signature, You hereby acknowledge and admit that You have read, understood and agreed to the Terms of Use of the Company, as may be modified by the Company from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Platform. If You do not agree to be bound by these Terms of Use, You may not use the Platform in any way.
2. SCOPE OF SERVICES
(a) Through the Platform, the Company is providing certain “Services” including but not limited to: (a) collecting user information; (b) acting as a facilitator between the users and Banking Partners for processing loan application as may be made by the user; (c) collecting KYC details (as required from time to time) from the users on behalf of Banking Partners; (d) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) and (e) any specialty or additional services as the Company may offer to users from time to time.
(b) To the extent You access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Service, You agree that we may communicate with You regarding Company’s Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.
(c) You hereby acknowledge and agree that Service of the Company is a mere venue/platform for our users/customers to apply for business and personal loans through our Platform, whereby Company act as a facilitator between the users/customers and the Banking Partners for processing loan applications as made by its users/customers. Company reserves the right to decline your application for a loan or to revoke the same at any stage at its sole and absolute discretion and without assigning any reason or giving any notice thereto.
(d) Banking Partners reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan and/or vary the terms of any loan depending on its assessment of the credit profile of each individual borrower/user from time to time. The terms of the loan and the interest rate payable in relation to each loan application shall be decided by the Banking Partner and intimated to the users. In the event any users/customer have any dispute and/or claim including but not limited to the loan, repayment, interest or the loan application, the same shall be made against the respective Banking Partner. You hereby acknowledge and agree that, we do not take part in the actual transaction between the users and the Banking Partners as listed on our Platform and hence are not a party to any contract for loan between users and the Banking Partners. All transactions shall be the responsibility of the users/customers only. This Term of Use/agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and other party.
3. PLATFORM ACCESS, LICENSE AND OTHER CONDITIONS
(a) Subject to the terms and conditions stated in this Terms of Use, You may access and use the Platform and any software that may be made available by the Company in connection with the Services or any mobile application(s) (future or present) (collectively referred to as the “Software”) and which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that Company, in its discretion, at any time during the use of the Platform may not provide any part of the Services. All rights, title and interest in and to the Platform and its components will remain with and belong exclusively to the Company. You shall comply with all notices, codes of conduct and policies of the Company published in connection with the Service, and You shall promptly notify the Company if You become aware of a security breach or a potential security breach related to the Platform.
(b) Subject to the terms and conditions of this Term of Use, Company grants You a limited license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of the Platform or its contents; any derivative use of the Platform or its Contents; any downloading or copying of other users account information; or any use of data mining, robots, or similar data gathering and extraction tools for unauthorised collection of data. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, rented, leased, transferred, assigned or otherwise be exploited for any commercial purpose without express prior written consent of the Company and/or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company or its affiliate's name or trademarks without the express written consent of the Company and/or its affiliates, as may be applicable. Any unauthorized use terminates the permission or license granted by the Company and/or its affiliates, as may be applicable. You are granted a limited, revocable, and nonexclusive right to use the Platform so long as You use does not portray the Company, the Platform or their affiliates, or their products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of the Company and/or its affiliates, as may be applicable.
(c) The Company reserves the right at all times to discontinue or modify any portion of this Term of Use as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the adding of certain fees or charges. We suggest to You, therefore, that You re-read this important notice containing our terms and conditions from time to time in order that You stay informed as to any such changes. If we make changes to our terms and conditions and You continue to use the Platform, You are impliedly agreeing to the terms and conditions and expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the Platform by You after such notice shall be deemed to constitute acceptance by You of such modifications. These Terms of Use, as modified or amended from time to time, are a binding contract between the Company and You. If You visit, use, or use Company’s Services through the Platform, You accept these Terms of Use.
(d) The Platform is freely accessible to the user however; the user will have to register with www.finansme.com and create their individual registration account prior to applying for loan or obtaining any Service(s) of the Company. If You register on behalf of a business entity, You represent that business entity and (a) You have the authority to bind the entity to this Terms of Use (constituting a legal and binding agreement); (b) the address You use when registering is the principal place of business of such business entity; and (c) all other information submitted to Company during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
(e) Company reserves the right to verify the authenticity and status of your account. Company's initiating your loan application and the current status of your loan application will be displayed on the Platform and You can access such information by login in your account through the Platform. You hereby acknowledge and accept that the acceptance and initiating your loan application does not create any obligatory and/or contractual relationship between You and the Company and/or the Banking Partners, beyond the terms and conditions that apply to You under this Term of Use.
(f) This Term of Use applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the Platform for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use the Platform solely for their own personal or internal purposes. This Term of Use applies to all of the Company’s Services offered on the Platform, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
4. YOUR CONDUCT
You acknowledge and agree that:
(a) If You use the Platform, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that details You provide to us are correct and complete and inform us immediately of any changes to Your Content that You provided at the time of registration. You can access and update much of Your Content in your account area of the Platform. Company reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion. The right to use the Platform is personal and is not transferable to any other person or entity;
(b) You shall not: (a) use the Platform in any unlawful manner (including, without limitation, in violation of any data, privacy or other applicable laws) or in any manner that interferes with or disrupts the integrity or performance of the Services and/or the Platform or its components, (b) modify, adapt or hack the Platform to, or otherwise attempt to, gain unauthorized access to the Platform or networks, or (c) use the Platform to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services available at the Platform;
(c) You acknowledge that the third party Banking Partners shall be responsible for any claims, losses, failure to conform to any warranty with respect to their loan application and/or loan as issued by the respective Banking Partner. Company will have no obligation whatsoever with respect to any claims as stated above and hereby disclaims all warranties either implied or otherwise;
(d) Payment and address details entered by You during the course of your first transaction on the Platform are securely stored by the Company to enable it to facilitate other purchases by You over the Platform. You represent and warrant to the Company that such information and Your Content is true and that You are authorized to use the payment instrument. You will promptly update your account information and Your Content with any changes (for example, a change in your billing address or credit card expiration date) that may occur from time to time.
(e) Use of the Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You may use the Platform only with involvement of a parent or guardian.
(f) Company uses reasonable security measures to protect the data we receive via the Platform. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that You are using the Platform and sharing Your Content and information at your own risk.
(g) You hereby agree that, You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content”). Company reserves the right to access your account in order to respond to your requests for technical support. By posting or providing Your Content on or through the Platform, You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content. Company has the right, but not the obligation, to monitor the Services, Platform content, your account and/or Your Content. You further agree that Company may remove or disable any content from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
(h) You must not use the Platform for any of the following:
- For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
- To send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
- To cause annoyance, inconvenience or needless anxiety.
5. FEES AND PAYMENT TERMS
5.1. Fees payable
(a) Company does not charge the users for some part of Services provided through the Platform including browsing, registration of the user account and applying for loan etc. but may charge a commission, at such rates as intimated by the Company from time to time through the Platform, from such users whose loan application has been completely processed. To the extent the Services or any portion thereof is made available for any fee and/or commission, You will be required to make a payment and provide the Company information regarding your credit card or other payment instrument. You agree to pay the Company the amount that may be specified by the Company on its Platform from time to time and in accordance with the terms of this Term of Use. If your payment plan involves subscription payments, You hereby authorize the Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until You or we terminate your account, and You further agree to pay any charges so incurred. If You dispute any charges as charged by us, You must let the Company know within seven (7) days after the date such charges will not be disputable by You. We reserve the right to change prices of our Services at any time and shall be applicable with immediate effect, your continued use of the Services after the price change becomes effective constitutes your agreement to pay such amount.
(b) Any issues that You have with the payment terms of the Banking Partners are a matter between such third party Banking Partner and You and does not involve the Company in any way whatsoever. Company shall not be liable for any commitment made, terms agreed and or errors committed by such third party Banking Partners. Note that You (and not the Company) are responsible for any charges or fees payable to the Banking Partners in connection with the loans obtained by You through the Platform.
5.2. Payment methods
(a) The Platform may support payment via following payment methods:
- Online payment via Debit Card, Credit Card
- Internet banking
5.3. Payment Terms
(a) While availing any of the payment method(s) available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) Lack of authorization for any transaction/s, or (b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or (c) Any payment issues arising out of the transaction, or (d) Decline of transaction for any other reason(s).
(b) User by using any of the payment methods as stated above and by making the payment through the Platform, hereby specifically authorized the Company to collect and process payment from You, in respect of completion of loan processing and Services received through the Platform. Your relationship with the Company is on a principal to principal basis and by accepting these Terms of Use You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the third party Banking Partners. Company does not guarantee the identity of any Banking Partner nor does it ensure that the Company and/or Banking Partners will complete a transaction.
(c) You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely receiving payment for its Services using the existing authorized banking infrastructure and Credit Card payment gateway networks.
6. INTELLECTUAL PROPERTY & CONTENT ON PLATFORM
1. Ownership
(a) Company owns or has the required licenses to use the Platform including IP Rights which means all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefore), and all proprietary rights under the laws of India, any other jurisdiction or any treaty.
(b) No rights, title and interest in any Platform, including IP Rights, are granted to You unless specifically agreed in this Term of Use. Company grants You a limited license to access and make use of the Platform. This license does not include any downloading or copying of the content for the benefit of any third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Platform’s infrastructure. You may not bypass any measures used by the Platform to prevent or restrict access to the Platform. Any unauthorized use by You shall terminate the permission or license granted to You by the Company.
2. General skills and knowledge
(a) Unless expressly stated in this Term of Use, nothing stated herein prohibits the Company from utilising any skills or knowledge of a general nature gained or created by the Company during the course of providing Services through the Platform, including, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of the Company.
3. Usage data
(a) You hereby agree that, Company may publish, share or otherwise distribute, to any party the usage data, provided that such usage data is aggregated with the data from other customers/users in a manner that does not allow usage data about the user to be separated from the aggregate data and identified as relating to the user. You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Platform accessible 24X7, the Platform may not be unavailable from time to time for any reason including, without limitation, routine maintenance or if the user is out of coverage area etc. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Platform may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
4. Other Restrictions
Unless expressly stated herein, You will not:
(a) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code, trade secrets or know-how in or underlying Platform;
(b) use the Platform for any illegal, unauthorised or otherwise improper purposes;
(c) modify or make derivative works of any part of the Platform;
(d) access the Platform in order to build a similar or competitive product or service;
(e) use the Platform in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Term of Use (including use of content that Company determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party's IP Rights); or
(f) use the Platform in a way that unnecessarily interferes with the normal operation of the Platform or that consumes a disproportionate share of the resources of the Platform, or any component of it.
(g) post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise impermissible, injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Company reserves the right (but not the obligation) to remove or edit any content that in the sole judgment of the Company violates these Terms of Use and, or terminate your permission to access or use the Platform.
(h) You represent and warrant that You own or otherwise control all of the rights to Your Content, information that You post or You otherwise provide on or through the Platform: that, as at the date that the content or the material is submitted to the Platform: the content, the information and the material is accurate; that use of the content You supply does not breach any applicable of these Terms of Use and will not cause injury to any person or entity (including that the content is not defamatory); that the content is lawful. You will indemnify the Company and/or its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with any of these warranties. Company has the right (but not the obligation) to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by You or any third party.
(i) You agree that the rights You grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by You to the Company, including the execution of deeds and documents, at its request.
7. PRIVACY
(a) You acknowledge and agree that use of the Platform, including, without limitation, information transmitted to or stored by the Company is governed by the Privacy Policy. In particular, You acknowledge, agree and consent that under the Privacy Policy, Company may collect personal information and usage data about You and disclose that information as and when required by it in accordance with the Terms of Use.
8. REPRESENTATION AND WARRANTIES
1. Your representations and warranties
(a) You represent and warrant to the Company that: (i) You have full power and authority to enter into this Term of Use; (ii) You own all Your Content or have obtained all permissions, releases or rights (as may be required) to obtain Services of the Company; (iii) Your Content and other activities in connection with the Platform and Company’s exercise of all rights and license granted by You herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) You are eighteen (18) years of age or older.
(b) You hereby further represents that by uploading any content, statement of your financial status or your proof of residence, You have the lawful right to reproduce and distribute such content and that the content complies with all laws and is true and authentic and is not in any event placed on the Platform to defraud other parties and/or Banking Partners or create a false impression in their minds that You have a sound financial status or are reasonably committed to deliver the repayments on time. You also represent that You have not ever been accused to any fraud, misrepresentation or default in repayment of any claims or monies to a financial institution or any third party and that there are no outstanding disputes in connection with your moral turpitude or financial status. You further represents and warrants that, in the event You have made a loan application to any of the Banking Partners as listed on the Platform then You will not directly contact such Banking Partners or separately apply for loan directly to such Banking Partners as listed on the Platform.
2. Breach of Warranties
(a) If You breach any of the warranties listed herein Company will have the right to immediately suspend or terminate your use of the Platform in order to prevent harm to the Company or its business and to limit any potential liability.
(b) If practicable, Company will provide notice and opportunity to cure any breach. Once cured, in Company's discretion, Company will use reasonable efforts to restore your access to the Platform.
9. LIMITATION OF LIABLITY
(a) You expressly understand and agree that Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from use of the Platform, applying and/or receiving loans from the Banking Partners through the Platform, content or any related Services and other services offered on the Platform from time to time
(b) You acknowledge that Company relies on third party internet services providers and at times, actions or omissions of such third parties can impair or disrupt your connections to the internet or have an adverse effect on the Company’s Services or parts thereof and may result in presenting inaccurate data on the Platform. Although Company will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your use of the Platform, Company cannot guarantee that such events will not occur. Accordingly, Company excludes any and all liability resulting from, or related to, such events. The Platform is provided solely on an "as is" and “as available” basis, and your use of the Platform is at your sole risk. Company does not warrant that the Platform will be uninterrupted, error-free, or completely secure.
(c) All content, links, and Services as obtained from the Platform are provided to You "as is" without warranty of any kind either express or implied. All warranties, if any, relating to the third party services would be provided by such third party service providers and not by the Company. Any claim in relation to the same should be raised against respective service provider and not us. In any case whatsoever Platform does not endorse any such third party service provider and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Platform by any such party and the Banking Partners, (b) any content provided on sites linked with the Platform or (c) the capabilities or reliability of any third products or services obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by your reliance on information obtained through the Platform or a linked site, or your reliance on any services obtained from a linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Platform, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
(d) Under no circumstances, Company shall be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Company. Further, it is agreed that Company owns no responsibility in any manner over any dispute arising out of transactions by any authorized/unauthorized third party using Your account/e-mail provided by You to the Company or payments made by your credit card/debit card by any third party.
10. INDEMNITY AND RELEASE
(a) You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
(b) You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Banking Partners and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.
(c) Under no circumstances the Company shall be held liable for any delay or failure or disruption of the content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, failure by third party service providers connected to the Platform and/or by internet service providers, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
(d) User(s) hereby agree to indemnify and save the Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Platform (including but not limited to the display of your information on the Platform) or from your breach of any of the terms and conditions of this Term of Use or your breach of any representations and warranties made hereunder or any way arising from Your Content, or your other access, contribution to, use or misuse of the Services.
11. TERMINATION
Without limiting other remedies, we may limit your activity, immediately remove Your Content and information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your account and/or subscription (as the case may be), and/or refuse to provide You with access to the Platform in the event, but not limited to:
- If You breach the Terms of Use or other rules and policies of the Company, if any;
- If we are unable to verify or authenticate any information You provide; or
- If we receive intimation/notice from any of our Banking Partners, that You are in default of our payment terms or You have defrauded the Company and/or Banking Partner by producing/providing false and misleading documents.
Termination shall not affect any liabilities incurred by a user prior to the termination or for acts performed which may result in a dispute post-termination of these Terms of Use, nor any provision expressed to survive or to be effective on termination and the obligations set out in this section shall remain in full force and effect notwithstanding termination.
12. MISCELLANEOUS PROVISIONS
a) Company shall not be liable for its failure to perform under these Terms of Use and the Company policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Company.
b) If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
c) From time to time Company may offer special promotional offers which may or may not apply to your account. To avail of such promotional offers, You agree to be bound by any additional terms and conditions for these special offers which are laid down by the Company.
d) This Terms of Use, by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.
e) The user and/or its company warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by the Company.
f) It is agreed and clarified that the arrangement set out by these Terms of Use and other Company policies between Company and the user is on a non-exclusive basis.
g) These Terms of Use and the relationship between You and the Company will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. Either party may choose to resolve the dispute through arbitration and such arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company. The place of the arbitration shall be New Delhi and the language of the arbitration shall be English. The arbitral award shall be final and binding upon the parties.
h) The failure of the Company to exercise or enforce any right or provision of this Term of Use with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
i) Except as otherwise, expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
j) You acknowledge that this Term of Use is a contract between You or your company and us, even though it is electronic and is not physically signed by You and the Company, and it governs your use of our Platform. If you are using our Platform on behalf of a business/entity, You hereby acknowledge and confirm that such business/entity accepts this Term of Use.
k) These Terms of Use constitutes the entire agreement between You and the Company and governs your use of the Platform, superseding any prior agreements between You and the Company with respect to the Platform.
Contact:
Ground Floor, Plot No. 88, Udyog Vihar Phase IV, Gurugram, Haryana, Pin Code:122015
Contact No: 0124- 4412666
Email: finansme@power2sme.com