Effective Date: 28 January 2019
The usage of the SimplyCash mobile application by the User for availing personal loan facility from HFCL is hereinafter referred to as “Service” or “Services”. Any use of “us”, ”we” or ”our” refers to HFCL while "you" and "your" refers to the user of the Services.
This is a legally binding agreement between the User and HFCL, establishing the terms and conditions under which the Services may be used. In the event of any conflict between the terms and conditions of specific products and services and this disclaimer, the conditions specific to such products and services shall prevail. Users are requested to read these terms before registering, accessing, browsing, downloading or using anything from the App.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
1. LOAN REQUESTS
We provide an interface through our Services to enable you to raise requests for loans for yourself ("Loan Request"). If you wish to place a Loan Request through our Services, you may be asked to supply certain information relevant to these Loan Requests including, without limitation, personal and demographic information, financial information, digital interactions and other documents. Such information collected for the Loan Requests will be treated as per the Terms herein.
You acknowledge that sanction of your Loan Request is at the sole discretion of HFCL and WLH is not responsible for the same in any manner. You agree that WLH will not be liable for any decision made by HFCL on your Loan Request.
You further agree that you shall abide by all the terms and conditions of Loan Agreement and other documents which are executed between you and HFCL.
2. USE LICENSE
3. SOCIAL MEDIA
As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the App via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third- Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
5. LINKS TO OTHER WEBSITES
Our Services may contain links to third-party web sites or services that are not owned or controlled by us. Such third party web sites or services may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third- Party Content"). Such third party websites or services are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by HFCL or WLH, and HFCL or WLH are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or App to which you navigate from the App or relating to any applications you use or install from the App. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Please note that we have no control over and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or services.
6. USER CONSENT:
By using this App, you hereby agree and give consent for the following:
i. Collection and use of the User’s information which is disclosed to HFCL,
ii. For storing and processing User’s information including the personal information.
iii. For sharing User’s information with HFCL, its holding company, its subsidiary companies, its group companies, its affiliates or any third parties etc. However, HFCL shall not be responsible for any breach of security or for any actions of any third parties that receive your personal information.
iv. For disclosing User’s information, without prior notice, if HFCL is under a duty to do so in order to comply with any legal obligation or an order from the government and/or Reserve Bank of India and/or any other statutory authority.
v. HFCL, its group companies or any third parties as authorized by HFCL may make all/any credit investigations as HFCL deem appropriate to evaluate and satisfy itself about any information provided by the User or available with HFCL.
vi. Using your Information such as name, email address, phone number, any other contact details, government or other identity documents, date of birth, gender, employment, educational background etc.
vii. For reading the SMS logs and other digital content to collect information about payment transactions, the names of the transacting parties, a description of the transactions and the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
viii. For collecting the information about the location of your device.
ix. Collecting specific information about your device when you access our Services, including your storage, hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with our services.
x. Collecting information about how you use our Services, including your access time and Internet
Protocol (“IP”) address.
xi. For accessing your Contacts lists and call logs for application reference purposes.
xii. For collecting information about you from third parties, including third-party verification services, credit bureaus and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment and personal reporting agencies.
xiii. For using the information for developing credit risk models and for performing risk assessment; for detecting and preventing fraud; for developing and testing new products and features; verifying information that I have provided; diagnosing or fixing technology problems; conducting statistical and market analysis; satisfying any other legitimate business purposes, including handling any complaints and retaining information as necessary to meet our obligations under applicable laws and regulations; to get in touch with me when necessary and contact you by email, SMS, letter, telephone or in any other way about products and services; for finding adequate references for your loan application; for giving customized offers as per your location; for carrying out, monitoring and analyzing business, carrying out market research, business, and statistical analysis and also direct our efforts for product improvement; for maintaining records under applicable law; delivering the information and support I request, including technical notices, security alerts, and support and administrative messages; for enforcing the terms of your General Terms or other applicable agreements or policies; for verifying my identity (e.g., some of the government-issued identification numbers we collect are used for this purpose); for investigating, detecting, and preventing fraud, security breaches, and other potentially prohibited or illegal activities; for complying with any applicable law, regulation, legal process, or governmental request;
ix. The user hereby authorizes HFCL of obtaining Aadhaar Number, Name, Photograph, and biometrics for authentication with Unique Identification Authority of India (UIDAI) (If applicable).
x. The User hereby authorizes HFCL and its associates, third parties and agents to contact the User, for providing information about new products, offers, promotions etc. and also for receiving feedback or surveys etc. by way of email, SMS, phone calls or by any other means of communication and expressly agrees to exempt such actions by HFCL and its associates for the purpose of Do Not Disturb guidelines issued by Telecom Regulatory and Development Authority (TRAI) or any other authority.
xi. The User shall have no objection for the disclosure by HFCL of all or any of the information (including personal information), data relating to the User, any information/data relating to the default, if any committed by the User to the Credit Information Bureau (India) Limited ("CIBIL") or Reserve Bank of India (RBI) or any agency authorized by the RBI or any other third party agency. CIBIL and/or RBI and/or any agency authorized by the RBI, may use and/or process the aforesaid information and data in any manner as deemed fit by them. CIBIL and/or RBI and/or other agency may furnish for consideration, the processed information and data or products thereof prepared by them, to HFCL and other credit grantors or registered users, as may be specified by RBI.
Creation of User Account for availing Services:
To obtain the Loan(s) or to avail other services from us from time to time, the User has to create an account ("User Account") with us by registering himself/ herself. You are solely responsible for maintaining the secrecy of your user id and password for the User Account and shall be responsible for all activities that occur in connection with your User Account. In case of any unauthorized use of your User Account the same shall be intimated to us. You shall not create multiple User Accounts and shall not use your User Account for any purpose that is unlawful, illegal or forbidden by law. As a consideration for availing Loan/ Service through App, you may be required to pay certain fee, charges, interest or cost as may be applicable as mentioned in our App or as per the terms for respective products and services as prescribed by us. For the purpose of creating the User Account through the App:
i. You shall be an Indian citizen, resident in India and minimum 18 years of age.
ii. You shall not be a person either barred or otherwise legally prohibited from taking Loan or availing services offered by HFCL.
iii. You should have valid identity proof and residential address proof as described by Reserve Bank of India and as may prescribed by us for Know Your Customer requirements
iv. You shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity or affiliation with any person or entity.
v. You have valid email address and valid mobile number where you want to receive OTP and other communications from HFCL.
vi. You have an updated UIDAI (Aadhaar) number and other valid address proof of your address with your name on it (i. e. either of Passport, Voter ID card, Driving License, 2 months' Gas/ Electricity/ Mobile/ Water bills, Bank statement, UIDAI Card/ Letter) in case residential address is not the same as mentioned in UIDAI (Aadhaar)
vii. You have a bank account in India (bank name, IFSC, branch and account number) having enabled internet banking facility for the purpose of transfer/ receipt of funds.
While creating the User Account you will be asked to provide certain information which may include your personal details (like name, address, date of birth, father's name, mother's name, your photograph etc.), contact details (like your residential address, email address, telephone/ mobile number etc.), business, credit and financial information, log information like your search queries, IP address, crashes, date and time, actual location, browser web storage, application data caches, Cookies and similar technologies (collectively and individually referred as, "Customer Data"). We request you to provide complete and accurate information to bolster your credibility. You confirm and warrant that the details submitted are true and correct and we can rely on it for providing the Loan and/or services sought by you through the App.
By creating User Account, you agree to receive communications in connection with the App and from Simply Cash App. By providing your e-mail address and/ or telephone/ mobile number, You also authorize us, our associates, partners to contact you via email or phone call or sms and offer you their services, products, imparting product knowledge, offer promotional offers, as well as web aggregation. Irrespective of the fact that you have registered yourself under Do Not Disturb (DND) or Do Not Call or NCPR service, you still authorize us to give you a call from us, our associates and our partners for the above-mentioned purposes.
8. USE OF INFORMATION AND MATERIALS
The Content (material, information, data, news items, etc.) contained on the App is provided for general information only and should not be used as a basis for making business/commercial decisions. User is advised to exercise due caution and/or seek independent advice before entering into any arrangement or financial obligation based on the Content contained on this App.
The Content contained in this App, including text, graphics, links or other terms are provided on an "as is", "as available" basis and are protected by copyright in favour of HFCL. User should not distribute text or graphics to others without the express written consent of the HFCL. User should not copy, download, publish, distribute or reproduce any of the Content contained on the App in any form without prior permission of HFCL. Use of the products or services described at the App may not be permitted in some countries and if in doubt, User should check either with the local regulator or authority or with HFCL before requesting further information on such products/ services. Products and services are available only at the discretion of HFCL, subject to the individual contractual terms and conditions of products and services on which they are offered and such products and services may be withdrawn or amended at any time without notice.
9. PROHIBITED CONDUCT
By using our App, you agree that you shall not (a) use our App for spamming or any other illegal purposes;(b) infringe ours or any third party's intellectual property rights, rights of publicity or privacy; (c) post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person; (d) post or transmit any message, data, image or program which violates any law; (e) refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to us; (f) remove, circumvent, disable, damage or otherwise interfere with security related features of our App or features that enforce limitations on the use of App; (g) upload any content that constitutes negligent advice or contains any negligent statement, an incitement to commit a crime or contains instructions for the commission of a crime or the promotion of criminal activity; or any content which is in contempt of any court, or in breach of any court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of another's privacy, blasphemous; in breach of any contractual obligations or depicts violence or is pornographic, paedophilic, obscene, suggestive or sexually explicit; or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever; (h) upload any content that threatens the unity, integrity, defense, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation; (i) upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (j) reverse engineer, decompile, disassemble or otherwise attempt to discover our source code for the Site or any part thereof or infringe any patent, trademark, copyright or other proprietary rights; (k) use our App in any manner that could damage, disable, overburden, or impair, including, without limitation, using Site in an automated manner; (l) modify, adapt, translate or create derivative works based upon Site or any part thereof; (m) intentionally interfere with or damage operation of Site or any other user's use of App, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; (n) use any robot, spider, other automatic device, or manual process to monitor or copy Site without our prior written permission; (o) interfere or disrupt Site or networks connected therewith; (p) take any action that imposes an unreasonably or disproportionately large load on App; (q) use any device, software or routine to bypass Site robot exclusion headers, or interfere or attempt to interfere, with the App; (r) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the App or to manipulate your presence on App; (s) use the facilities and capabilities of App to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; (t) breach these Terms or any other policies which we have; (u) provide false, inaccurate or misleading information to App; and (v) use App to collect or obtain personal information, including without limitation, personal information about other users of our App.
10. OBLIGATIONS OF USERS
When using the App, the Users must not interfere with the App’s security, integrity and operation in general, must not use the App for the transfer of damaging files or attempt to enter non-public sections of the App or access restricted information featured on the App where the Users do not meet the criteria for accessing this information. The User is further required to observe the Operator's copyrights of this App and, furthermore, to observe the third parties' rights to material and text posted by the Operator on the App (including, but not limited to, trademarks, logos etc.) but owned by third parties and which is under the protection of appropriate laws on the protection of intellectual property rights. Further, while submitting any details to the App for the purpose of availing any services, the Users shall ensure and confirm that the same is true and correct.
11. AVAILABILITY OF SERVICES
These Services are only intended for use by residents of India. We make no warranty or representation that any service we provide is available or otherwise appropriate for use outside India. If you choose to use the Services from locations outside India, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
12. DEVICES AND SOFTWARE:
You must provide certain devices, software, and data connections to use our Services, which we do not supply. You agree that we will not be liable to you for the unavailability of such devices, software or data connections resulting in your failure to use our Services. For as long as you use our Services, you provide consent for downloading and installing updates to our Services, including automatic updates.
13. FEES AND TAXES:
You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We reserve the right to refuse or cancel your requests to access the Services at our sole discretion. We do not provide refunds for our Services, except as required by law.
14. INTELLECTUAL PROPERTY RIGHTS:
These Terms only govern your use of the Services and you are not granted a license to any software or any other intellectual property used for the provision of the Services. It is clarified that all intellectual property and other rights in any information or material accessible at or available from the Services, including any text, graphics, data and screen lay- outs and software relating to the Services belong to us (or to the third party which owns the rights to such content). We are also not bound by any agreement with any of our users for ensuring security of their intellectual property appearing on the App. You hereby agree and undertake to be solely responsible in the event of any claim/s or dispute/s that may arise in this regard.
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 shall not copy and use the software, text, images, graphics, video and audio used on this Site ("Content"). 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. We neither represent nor warrant that your use of materials displayed at the Site will not infringe rights of third parties.
16. ACCEPTABLE USE OF OUR SERVICES
17. LEGAL AND ACCEPTABLE USE
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of WLH and/or HFCL, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) will harm minors; (f) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto- dialing, and the like; (g) involve any non-personal use of our Services unless otherwise authorized by us; or (h) violates any law for the time being in force. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure.
You are responsible for keeping your device and your SimplyCash account safe and secure, and you must notify us promptly of any knowledge unauthorized use or security breach of your account or our Services.
You agree to defend, indemnify, and hold HFCL harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. NO REPRESENTATION OR WARRANTY
No information sent to any client through this web site or available on this web site shall constitute any representation or warranty by Hero FinCorp Limited, or its subsidiaries or affiliates regarding the credit-worthiness, financial performance or prospects, solvency, or viability of any company or other legal entity or the business carried on by such entity.
This App may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. Hero FinCorp Limited does not represent/endorse the accuracy, reliability of any of the opinions/ statements/ information by such person. Reliance on these statements shall be at the risk of the user of the web site/App. It is the responsibility of the user of the App to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided on this web site/App. All information in this App is being provided under the condition and understanding that the same is not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters.
HFCL may at any time (without being obliged to do so) update, edit, alter and or remove any information in whole or in part that may be available on the App and shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability. Nothing contained herein is to be construed as a recommendation to use any product or process, and HFCLmakes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. The user is expected to keep abreast of any changes made in this App and the information available on it on a regular basis, and HFCL undertakes no responsibility about advising the users about any such changes.
21. USER DATA
We will maintain certain data that you transmit to the App for the purpose of managing the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
HFCL reserves the right to change the information provided on or via this App, including the terms of this disclaimer, at any time and without notice. However, HFCL does not undertake to update or keep updated, the Content contained on this App from time to time. It is recommended that you review the information provided on or via this App, including the terms of this disclaimer, periodically for changes. HFCL shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this App.
23. BREACH OF THE TERMS:
Without prejudice to our rights under this Policy, if you breach these terms & conditions and in any way, or if we suspect that you have breached these terms & conditions in any way, we may (i) send you one or more formal warnings; (ii) temporarily suspend your access to App; (iii) permanently prohibit you from accessing the App; (iv) contact any or all of your internet service providers and request that they block your access to App; (v) commence legal action against you, whether for breach of contract or recovery of amounts due or damages or otherwise; and/or (vi) suspend or delete your account on App.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. GOVERNING LAW AND JURISDICTION
Any dispute arising in course of your use of the Services or in relation to these Terms and Conditions shall be governed and interpreted in accordance with the laws of the India and you consent to the exclusive jurisdiction of the courts of Delhi, India.
Notwithstanding the aforesaid, the User acknowledges and agrees that HFCL may, however, in its absolute discretion commence any legal action or proceedings against the User in a court, tribunal or any other appropriate forum situated in any part of India.
26. DISPUTE RESOLUTION
The User agrees that all claims, disputes or differences arising out of or in connection with these Terms and Conditions or other related services, whether during or after the termination of these Terms and Conditions, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any subsequent statutory amendment, if any, by a sole Arbitrator appointed by HFCL.
The venue and seat of arbitration shall be at New Delhi, India and the arbitration proceedings shall be conducted in the English language.
The award granted shall be final and binding on the parties. Pending the interim award, the User shall be liable to perform his/her obligations under these terms and conditions, including the payment of installments and other outstanding. This clause shall survive termination of the terms and conditions. The existence of any dispute shall not by itself constitute a claim against HFCL.
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREVER APPROPRIATE.
28. LIMITATION OF LIABILITY
HFCL, its group companies, its affiliates, and their directors and employees (Entities) accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, damage or expenses) from use of this App by any User or any linked site or inability to use by any party, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this App, its Contents or associated services, or due to any unavailability of the App or any part thereof or any contents or associated services even if the Entities are advised of the possibility of such damages, losses or expenses.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms and Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
30. USER ACCEPTANCE
The User acknowledges that he/she has read and fully understood all the terms and conditions and hereby agrees, accepts and undertakes to abide by the same.
31. CONTACT US
If You require any information or clarification regarding the use of the App, please contact us at:
Hero FinCorp Limited Address: 09, Community Centre, Basant Lok, Vasant Vihar, New Delhi - 110057 Tel: +91-11-49487150 Fax: +91-11-49478197 Email: email@example.com
32. GRIEVANCE REDRESSAL MECHANISM
If You have grievance with respect to use of the App, please write to Us at firstname.lastname@example.org
HFCL has a structured grievance redressal mechanism in practice where all grievances will be attended as per a defined time schedule as mentioned in grievance Redressal policy available at https://www.herofincorp.com/sites/default/files/Grievance_Redressal_Policy_vF.pdf