TERMS AND CONDITIONS

Zeal Holdings Private Limited, a company registered under the Companies Act 1956 having its registered office at 2nd Floor, Plot-11,12, Ambergari Village, Sec 19, Dwarka, New Delhi owns, manages and operates this platform under the brand name Zeal Holdings (hereinafter referred as “Company”, “We” , “Us” or “Our”). For the purposes of these terms and conditions (“Terms”), the term “User(s)” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses or uses the Portal (defined below) and in the event that a natural person is representing a business entity or a body corporate, reference to such terms shall include a reference to such business entity and/or body corporate as well and other promoters of such business entity and/or body corporate. All references to “You” shall include yourself and any other persons You are authorised to and required to provide consent for.

BY ACCESSING THE WEBSITES INCLUDING www.zealholdings.in (“WEBSITES”), SOFTWARE APPLICATIONS OR MOBILE APPLICATIONS INCLUDING THE ZEAL HOLDINGS APPLICATION (“APPS”) OR PLATFORM(S) OF ANY OF OUR PARTNERS (“PLATFORMS”) (WEBSITES, APPS AND PLATFORMS SHALL COLLECTIVELY BE THE “PORTAL”), OR USING THE SERVICES PROVIDED BY ZEAL HOLDINGS IN ANY MANNER WHATSOEVER (COLLECTIVELY THE “SERVICES”), YOU AGREE TO BE BOUND BY THE: (1) THE TERMS AND CONDITIONS AND (2) THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE PORTAL OR USE OUR SERVICES. THE HEADINGS CONTAINED IN THESE TERMS ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

It is strongly recommended for You to return to this page periodically to review the most current version of these Terms which are amended by Us from time to time.

We may, upon receiving Your consent, request certain third parties to provide information about you to further personalize Your experience on Portal, and provide certain services that cannot be accessed by all users of the Portal. You acknowledge and consent to the fact some of Your data may be shared by third parties and such data shall be stored, retained and otherwise used or utilised by Us in accordance with Our Privacy Policy

(“Privacy Policy”).

• You hereby declare that you are over 18 (eighteen) years of age, of sound mind and a person resident in India as defined under Foreign Exchange Management Act, 1999.
• You hereby declare that you are a human being and not a “bot”.
• You declare that your annual household income exceeds Rs 3 Lakhs.
• You acknowledge and agree that We own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist).
• You understand that you do not have the right to use any of Our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
• You further acknowledge that the Services may contain information which is designated confidential by Us and that you shall not disclose such information without Our prior written consent. You will not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services.
• You agree not to use the website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. We may, at Our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict my access to all or any component of the website or the availability of the website itself.
• You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in our Privacy Policy, including for the purposes of us / our partners complying with various laws, regulations and guidelines (including Know Your Customer (KYC) norms / AML standards / Combating of Financing of Terrorism (CFT) / Obligation of banks under the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time. You further acknowledge that if you do not provide the requested information to Us, We or Our partners will be unable to provide or continue its / their services to you.
• You hereby acknowledge, understand and consent to the terms contained in Our Privacy Policy which you have duly read and fully understood. You acknowledge, agree and give consent to Us and Our officers, employees, service providers and agents may use, store, process, disclose, transfer (whether within or outside India) and / or exchange your information (including personal data) in accordance our Privacy Policy.
• You confirm that all information given to Us is true, correct and not misleading. You agree to provide any additional documents to Us or any of its partners as may be required from time to time.
• In relation to Your loan application, You, hereby unconditionally and irrevocably declare and confirm that:
  • The application for a credit facility (“Facility”) is made to a financier, or any person(s) who provides a facility pursuant to this declaration (“Financier”, which expression, wherever the context requires shall mean more than 1 (One) Financier) with Our assistance.
  • Pursuant to [my/our] application for the Facility, [I/we] make this declaration for the benefit and reliance of the Financier and the Company.
  • [I/We] shall submit, sign and execute all such facility agreements and other documents as may be prescribed and/or required by the Financier, in its discretion, in relation to availing such a Facility at any point of time and the applicable stamp duty in which regard shall be payable by [me/us].
  • [I/We] fully acknowledge that the grant of the Facility is at the sole discretion of Financier and is subject to [my/our] execution of documents deemed necessary by the Financier and [my/our] fulfilment of other closing formalities as required by, and to the satisfaction of, the Financier in this regard. We also acknowledge that the Financier reserves the right to reject [my/our] application for such a Facility without assigning any reasons whatsoever, and that [I/we] reserve no right to appeal against such a decision of the Financier. [I/We] further acknowledge that the processing fee given by [me/us] in relation to the application for such a Facility is non-refundable and in case of the rejection of [my/our] application, [I/we] shall not seek a refund of the same.
  • [I/We] declare that [I am/we are] [citizen(s) of/resident(s) in] India and [I/we] declare, warrant and represent that all the particulars and information and details provided in the application form to avail the Facility and documents given by [me/us] to the Financier and/or the Company in connection therewith, are true, correct, accurate and up-to-date in all respects and that [I/we] have not withheld or suppressed any material information from the Financier or the Company in this regard. [I/ We] further acknowledge that all the information given by [me/us] in the application for a Facility upon the Financier’s request, shall form the basis of any facility that the Financier may decide to grant to [me/us]. We understand and acknowledge that the Financier and/or the Company reserve the right to use our information as per the Privacy Policy and policies of the Financier.
  • [I/We] confirm that there are no insolvency proceedings against [me/us] nor have [I/we] ever been adjudicated insolvent by any judicial or other authority under applicable law. [I/We] also undertake to inform the Financier of changes in [my/our] occupation or employment and to provide any further information that the Financier may in its discretion require. [I/We] shall further inform the Financier on the change in [my/our] resident status, control, capital structure, constitution and management (wherever applicable).
  • [I/We] hereby agree and give [my/our] consent for the disclosure by the Financier and/or the Company, of our data as per the Privacy Policy and the policies of the Financier and waiving specifically [my/our] right of notice, privacy, privity, defamation for such disclosure by the Financier and/or the Company.
  • [I/We] also acknowledge that the Financier and/or the Company shall have the right to seek information pertaining to [me/us] from regulatory authorities and other third parties including, inter-alia, the Central KYC Registry, the RBI, credit bureaus in accordance with applicable law and the Privacy Policy.
  • [I/We] have no objection to furnish documents deemed necessary by the Financier and/or required as per 'Know Your Customer' guidelines issued by RBI.
  • [I/We] further acknowledge and appreciate that this declaration along with the application for a Facility can be routed to multiple Financiers at the discretion of the Company.
  • [I/We] acknowledge and appreciate that the Financier and the Company will have right to seek information related to the business transactions from [my/our] business partners for the purpose of the sanction of Facility and ongoing monitoring in relation thereto.
  • [I/We] further acknowledge and declare that the funds availed by [me/us] pursuant to the Facility shall be used for the purpose for which such a Facility has been granted and will not be used for any speculative, prohibited, forbidden, illegal, unlawful or anti-social purposes whatsoever.
  • By signing/ accepting this Letter of Declaration, [I/We] [am/are] deemed to have accepted, read, understood and agreed to be bound by the Terms and the Privacy Policy (including amendments thereof) governing the Facility as determined by the Financier in its sole discretion.
  • Further, [I/we] have no objection to the Financier and/or the Company from sending [me/us] promotional offers of products or Services (including those of the subsidiaries, affiliates or associate companies of the Financier and/or the Company). [I/We] further acknowledge that the use of the above information shall not amount to violation of any of [my/our] rights or privileges pertaining to privacy or confidentiality. [I/We] further confirm that the privacy rights available to us under, inter-alia, the Telecom Regulatory Authority of India Act, 1997 and the Telecom Commercial Communication Customer Preference Regulations, 2010, and any statutory amendments thereto, will not be exercised by [me/us] in relation to any promotional offers or information received from the Financier and/or the Company and their subsidiaries, affiliates or associate companies. [I/We] accord the above consent in accordance with the Privacy Policy and the policies of the Financier.
• UIDAI RELATED DECLARATIONS
  • [I/we] holder of the Aadhaar number stated herein, hereby voluntary give my/our consent to the Company /Financier to obtain and use my/our Aadhaar number /Name/ Aadhaar Virtual ID and Fingerprints/Iris and my/our Aadhar details to authenticate me/us with unique identification Authority of India (UIDAI) as per Aadhaar Act,2016 and all other applicable laws ('Aadhar Details'). [I/we] understand that furnishing of Aadhaar Details might be mandatory for the processing of my/our Facility and related Services.
  • The Company / Financier has informed me/us that my/our Aadhaar details and identity information would only be used for demographic authentication, validation, e-KYC purpose and OTP authentication for availing Services from the Company / Financier. A record of the search may be retained as per applicable laws for usage by the Company/Financier for KYC verification or Aadhar based authentication or for enforcement /compliance of the Company/ Financier rights and obligations under applicable laws. [I/we] shall not hold the Company [or any of its group/ related entities/ or its their agents/ representatives/ service provider] liable for the use/ sharing of the information and details for any purpose mentioned herein in accordance with applicable laws.
  • [I/we] hereby give my expressed and unequivocal consent to the Company/Financier to retrieve/ procure such data/ details from UIDAI for the purposes of verifying my/our data/details/identity. I hereby further authorize the Company /Financier and its service providers that to do so. The Company/Financier and/or the service provider may check the details that [I/we] have supplied against any particulars to UIDAI
  • [I/we] hereby state that [I/we] have no objection in authenticating my/our details with Aadhar based authentication system and hereby consent to and authorize the Company/Financier to retrieve my/our personal details from UIDAI for Aadhar based authentication for the purpose of generation of E-sign, for registration of e-mandate and for validating my consent to the terms and conditions of the definitive agreements for the Services of the Company/Financier.
  • The Company/ Financier has also informed that my/our biometric details will not be stored /shared and will be submitted to Central Identities Data Repository (CIDR) only for the purpose of authentication.
  • [I/we] also authorize the Company/ Financier to link and authenticate my/our Aadhar number to all its Services of the Company/ Financier as may be opened in the future in addition to the those mentioned herein
  • [I/we] declare that the details submitted by me/us in the Aadhaar letter are accurate, current and complete. [I/we] will not hold the Company/Financier and any of its officials responsible in case of any incorrect information provided by me/us.
  • [I/we] understand that the Company/Financier and the service providers shall ensure security, protection, confidentiality and access of my/our personal data provided for the purpose of Aadhaar based authentication / KYC verification and other Services as mentioned above in accordance with applicable laws.
  • [I/we] agree that the information shared under this declaration shall be retained/ stored/ transmitted/ furnished by the Company as per applicable laws. [I/We] understand that [I/we] can revoke the authorization / consent provided herein (for storing/sharing) to the Company/Financier prior to the availing of Services by me/us from the Company/Financier by following the processes prescribed on its website.
  • By signing/ accepting this Letter of Declaration, [I/We] [am/are] deemed to have accepted, read, understood and agreed to be bound by the terms (including amendments thereof) governing the Facility as determined by the Financier in its sole discretion.
  • I voluntarily opt for Aadhaar offline verification, and submit to the Company XML, Masked Aadhaar and/or Aadhaar registered mobile number (collectively, “Information”).
  • I am informed by the Company, that:
    • submission of Aadhaar is not mandatory, and there are alternative options for KYC and establishing identity including by way of physical KYC with officially valid documents other than Aadhaar. All options were given to me; and
    • upon initiating offline verification, UIDAI will share with the Company, name, date of birth, address, photo and gender which shall be used for the informed purposes mentioned below.
  • I authorise and give my consent to the Company (and its service providers and associated Financiers), for following purposes:
    • KYC and periodic KYC process as per the PML Act, 2002 and rules thereunder and RBI guidelines, or for establishing my identity, carrying out my identification, OTP authentication for availing Services from the Company/its associated Financiers, offline verification as may be permitted as per applicable law, for all accounts, facilities, Services and relationships of/through the Company, existing and future;
    • handling the information and verification/identification records as per applicable law: (i) for the purposes above, (ii) as well as for regulatory and legal reporting and filings and/or (iii) where required under applicable law;
    • enabling my account for Aadhaar enabled Payment Services (AEPS);
    • producing records and logs of the consent, Information or of authentication, identification, verification etc. for evidentiary purposes including before a court of law, any authority or in arbitration.
  • the Company has also informed that my Aadhar number will not be stored /shared in violation
  • I will not hold the Company/its associated Financiers/its service providers or its officials responsible in the event this document is not found to be in order or in case of any incorrect information provided by me.
  • I hereby state that I have no objection in authenticating my/our details with Aadhar based authentication system and hereby consent to and authorize the Company/Financier to retrieve my/our personal details from UIDAI for Aadhar based authentication for the purpose of generation of E-sign, for registration of e-mandate and for validating my consent to the terms and conditions of the definitive agreements for the Services of the Company/Financier.
  • The above consent and purpose of collecting Information has been explained to me in my local language.
• CENTRAL KYC REGISTRY RELATED DECLARATIONS

  [I/we] hereby give my expressed and unequivocal consent to the Company/Financier to retrieve/ procure/download my KYC data/ details from Central KYC registry for the purposes of verifying/establishing my/our data/details/identity as per applicable law. I hereby further authorize the Company /Financier and its service providers to do so as per applicable law. The Company/Financier and/or the service provider may check the details that [I/we] have supplied against any particulars to Central KYC registry. In this regard, [I/we] represent and warrant that the declarations made above by [me/us] have been made in [my/our] true and lawful capacity and further recognize that the Financier and/or the Company will rely on the correctness and accuracy of the declarations made by [me/us] in this declaration. [I/We] acknowledge that any inaccuracies or falsehoods in the declarations made by [me/us] and/or information provided by [me/us] shall give an unconditional right to the Financier, at any point in time, to cancel the Facility and exercise all rights available to such Financier against [me/us] under applicable law.

• AMENDMENT

  The Company may change these Terms from time to time. If the Company makes any changes to these Terms that it deems to be material, the Company will make a reasonable effort to inform You of such changes, but it is Your responsibility to review the Terms posted to the Portal from time to time to see if it has been changed. The updated version of these Terms shall supersede any previous version of these Terms and such updated version shall be immediately effective upon being posted on the Portal. The continued use of the Portal following the notification of modification of the Terms will be construed to mean Your acceptance of the said modified/updated Terms.

• REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
  • You represent that You are above 18 (eighteen) years of age, of sound mind and resident Indian citizen and are competent to execute these Terms and are entering into these terms without any pressure or coercion;
  • You are a tax resident of India;
  • These Terms are a legal, valid and binding obligation on You, enforceable against You;
  • If You choose to access the Portal from locations other than India, You shall do so at Your own risk, and You would be solely liable and responsible for compliance with applicable local laws and regulations of such location/territory. We accept no liability whatsoever, direct, or indirect or consequential, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Portal can be accessed through the internet by You in a country other than India will not be interpreted to imply that the laws of the said country govern the terms of these Terms and/or use of the Portal;
  • You hereby represent that you are not a Politically Exposed Person resident outside India as provided in the Reserve Bank of India’s (“RBI”) Master Direction – Know Your Customer (“KYC”) Direction, 2016 and/or in contravention of other Anti- Money Laundering (“AML”) standards/Combating Financing of Terrorism (“CFT”) as may be prescribed under applicable laws, or in contravention of the obligation of banks and financial institutions under Prevention of Money Laundering Act, 2002 (“Politically Exposed Person”) from time to time, and You are otherwise in compliance with the provisions of the Prevention of Money Laundering Act, 2002 and the RBI Master Direction – KYC Direction, 2016 in all respects;
  • The information and data contained in this Portal does 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;
  • You confirm that You are authorised and not restricted by any legal/regulatory/judicial/quasi-judicial/other authority, to access the Portal and avail of the facilities offered thereon, including to execute transactions. You agree to use the Services only for purposes that are permitted by: (i) these Terms; and (ii) any applicable law;
  • The information provided by You is correct, true and accurate;
  • You acknowledge and agree that the Company is entitled to remove any / all the information on the Portal that is in contravention of (i) the provisions of these Terms; or (ii) applicable law; and
  
  

  You understand that the Company does not provide any warranties for its Services and shall not be made liable for any claims made by You or any third party. In this regard, You undertake to accept and be solely liable for the Services availed by You from the Company. You further undertake to indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, agents and representatives against all damages suffered or losses incurred by the Company arising due to any act, omission or claim initiated by You or any third party in relation to the Services availed by You or in case of breach of these Terms or any warranty by You.

• COMPANY’S DISCLAIMERS AND LIABILITIES
  • Notwithstanding anything to the contrary contained herein, the Company, its affiliates and their respective directors, officers, employees, agents and representatives shall have no liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms;
  • the Company in no manner warrants or guarantees the performance of the financing partner and/or the Financiers and You acknowledge that the Company shall in no manner be responsible for any claim of money or damages in the event the financing partner or the Financier fails to grant any You with access to credit facilities;
  • the Company does not make any representations or warranties on behalf of any of its financing partners or Financiers;
  • the Company expressly disclaim all warranties of any kind as to the Portal and all information, and other content (including that of third parties) included in or accessible from the Portal, whether express or implied;
  • the Company does not guarantee that any identified defects will be corrected, that the Portal is free from viruses or other malicious, destructive or corrupting code, non- infringement of third-party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose;
  • You further agree that the Company, its affiliates and their respective directors, officers, employees, agents and representatives shall in no way be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
    • the use or the inability to use the Service/ Portal;
    • the cost of getting substitute Services; and/ or
    • any data, information or Services purchased or obtained or messages received or transactions entered into, through or from the Portal;
  • the Company makes no warranty that:
    • the Portal will meet Your requirements;
    • the Portal will be uninterrupted, timely, secure, or error-free;
    • the results that may be obtained from the use of the Portal will be accurate or reliable; and/or
    • the quality of Services purchased by You or information obtained by You through the Portal will meet Your expectations;
  • although the Company adopts security measures it considers appropriate for the offer of its Services, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to Your account. The Company will not be responsible or liable if any unauthorized person hacks into or gains access to Your account;
  • the Company will not be liable to You for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to Your access to and/or use of the Company’s technology platform or Services, hacking or unauthorized access to the Company’s technology platform, Services, non-availability of connectivity between the Company site and the merchants, etc. Any material/information downloaded or otherwise obtained through the use of the Company’s technology platform or Services is done at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from the Company or through or from the use of Services or the Company technology platform shall create any warranty. the Company shall have no liability in this respect;
  • the Company's sole obligation and Yours sole and exclusive remedy in the event of interruption in Services, or loss of use and/or access to Services, shall be to use all reasonable endeavours to restore the Services;
  • the Company’s obligations under these Terms are subject to following limitations:
    • messages that originate from the server of the merchant/financing partner/Financier or the server of a third party designated by merchant/ financing partner/ Financier (e.g., a host) shall be deemed to be authorized by the merchant/ financing partner/ Financier, and the Company shall not be liable for processing such messages;
    • messages that originate from You are deemed to be authorized by You and the Company shall not be required to check its veracity and the Company shall not be liable for processing such messages;
    • the Company shall not be responsible for the security of data residing on the server of the merchant/ financing partner/ Financier or a third party designated by the merchant/ financing partner/ Financier (e.g., a host) or on the server of You or a third party designated by a merchant/customer / financing partner/ Financier (e.g., a host); and
  • the Company shall have no liability for any failure or delay in performing its obligations under this facility if such failure or delay: (i) is directly caused by the merchant/ financing partner's/Financier’s acts or omissions; (ii) results from actions taken by the Company in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on cardholders/accounts; or (iii) is caused by circumstances beyond the Company’s control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of Force Majeure Event.
• LINKS TO OTHER WEBSITES

  The Portal may contain links to other websites or may contain features of other websites (“Allied Sites”). The Allied Sites are not under the control of nor endorsed by the Company and the Company is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site. You will be governed by the terms of use of the Allied Site when you visit one, and not by these Terms. The Company makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does the Company warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If You choose to follow a link to a website not controlled by the Company, You must do so at Your own risk. The Company does not guarantee the authenticity of documents on the Internet. Links to non-Company websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or Services offered at such sites, or any representation regarding the content at such websites. Your use of the Portal will be at Your sole risk. The Portal has been provided on an “as is” and “as available” basis.

• CONFIDENTIALITY

  The Company and You hereby agree to keep the data, information and terms of the Portal and/ or any other confidential information of each other (whether or not such information is marked as confidential) ("Confidential Information") confidential and shall not disclose the same without the consent of the other. The Parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by the Company and/or when the parties independently obtain it from a third party.

• TERMINATION
  • You may terminate these Terms at any time by contacting the Company at care@zealholdings.in, and provided that You discontinue any further use of Portal or Services. Upon account closure, We will cancel any pending transactions unless otherwise legally prohibited. However, any such termination shall not cancel Your obligation to repay any Facility availed through a financing partner/Financier, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. If You owe any payment to Us or the financing partner/Financier, the Company will not close Your account until that payment has been made, but the Company may limit Your ability to make additional transactions using Your account. You may not close Your account to evade an investigation. You will remain liable for all obligations related to Your account even after the account is closed. The Company will retain Your information in accordance with Our Privacy Policy.
  • The Company may close Your account if You do not log in to the Portal or use the Services for 1 or more years. The Company will retain Your information in accordance with these Terms and Our Privacy Policy.
  • These Terms take effect from the date of their publication on Portal. We reserve the right to terminate the Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by You or if We are unable to verify or authenticate any information submitted by You.
  • Notwithstanding anything contained in these Terms, if We reasonably believe that You are acting in breach of any of these Terms, in addition to Our right to immediately suspend or terminate Your account from the Portal, without any notice.
• INDEMNITY

  The Company shall not be liable in case You breach any terms or conditions provided under the Privacy Policy or these Terms and will not be obligated to indemnify You for any direct or indirect losses accruing to You. You agree to indemnify, defend and hold harmless the Company, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to the Company in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any terms of the Terms including any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Terms.

• LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
  • You understand and expressly agree that to the extent permitted under applicable laws, in no event will the Company or any of its affiliates or group companies or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from: Your use (or the use of anyone using an account registered to You) of the Portal or any parts thereof; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services.
  • The Services provided the Company are ‘as is’, and the Company does not provide any warranties in relation to the Services. The Company has endeavoured to ensure that all the information provided by it on the Portal is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the Portal. The Company makes no warranty, express or implied, concerning the Portal and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Portal, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to You or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Portal. The Company does not guarantee that the Services shall meet Your requirements, or shall be free of error, and interruptions. The Company does not guarantee that the Services shall be accessible at all times.
  • Notwithstanding anything to the contrary herein, You hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of the Company or any of its affiliate or group company related project, or the use, publication or dissemination of any advertising in connection with such project.
  • Your sole and exclusive remedy for any dispute with the Company shall be to discontinue the use of the Portal and the Services. In any event, the liability of the Company for any and all claims relating to the Services/Portal shall not exceed the fees/charges paid by the customer for availing the Facility.
• MISCELLANEOUS
  • Governing Law and Dispute Resolution
    • These Terms shall be governed by and construed in accordance with the laws of India and subject to the provisions of arbitration set out herein, the courts at New Delhi shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms.
    • If any dispute arises between Us and You in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of these Terms, such dispute shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause. The dispute shall be resolved through arbitration by 1 (one) arbitrator and the seat of the arbitration shall be New Delhi, India.
    • The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
    • By acceptance of these Terms, You agree to be bound by the governing law and mechanism of dispute resolution above.
  • Assignment

    These Terms, or any right or interest herein, shall not be assignable or transferable by You without the prior written consent of the Company. Rights and obligations of the Company under these Terms are freely assignable without Your prior written consent.

  • Force Majeure

    The Company shall not be liable for any failure to perform any of its obligations under the Terms or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government

  • Entire Agreement

    The Terms along with the Privacy Policy constitute the entire agreement between the Company and You and supersede and extinguish all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.

  • Severability

    If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms shall continue to be in full force and effect.

  • No Waiver

    shall not be deemed to constitute a waiver of such right or provision herein. No waiver of any right shall be deemed as a waiver to any other rights or any subsequent breach. Any waiver of any provision of the Term shall come into effect only if in given writing and signed by the Company. Any waiver given under these Terms or otherwise by the Company shall be considered a waiver solely for the specific instance where such waiver was sought and given. Such waiver shall in no instance be deemed to be a continuing waiver or a waiver for past, future or other events of similar nature, and it is clarified that a waiver shall be sought by You for each instance specifically from the Company who in its sole discretion may accept or provide the waiver.

  • Rights and Remedies

    Each of the rights, powers and remedies of the Company (i) are in addition to, and not in derogation of, other rights and remedies of the Company given by contract or by applicable law independent of these Terms; (ii) may be exercised even if this involves a conflict of duty or the Company has personal interest in its exercise; and (iii) is not affected by any payment, settlement or anything which might otherwise affect them at law.

  • Consent

    By clicking on the tab or button or checkbox of the Company or any other tab or button or checkbox or confirmation of a similar nature, or by the virtue of usage of the Portal or continued usage thereof, You:
    confirm that You are eligible under the applicable laws to enter into a valid contract and confirms that the Terms constitute a valid, binding and enforceable contract between You and the Company; and
    accepts the Terms as displayed on the Portal.

  • Non-Exclusive Basis

    It is agreed and clarified that the arrangement set out by the Terms between the Company and You are on a non-exclusive basis.