1. GENERAL
“www.OnlineUdhaar.in” is owned and operated by Reclame Digital Media PVT LTD, a private limited company incorpoated under the Companies Act, under the registered address
Unit:404 Tower B4 Spaze ITech Park,
Sohna- Gurgaon Rd,Sector-49,
Gurugram,Haryana 122018
Haryana, India
(hereinafter referred to as the “Company”).
You should carefully read and comprehend these Terms. Moving past the home page or using any of the services will be interpreted as You having read and agreed to all of the policies, resulting in a legally binding agreement between You and the Website/Application. These conditions should be read in conjunction with the Privacy Policy and any other policies available on the Website/Application.
According to Indian regulations, this document is an electronic record under terms of information technology statutes. This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publication of the rules and regulations, privacy policy, and Terms of Service for access to or use of the Website/Application.
"You" or "User" shall refer to any natural or legal person who has accepted to become a User of the Website/Application by visiting the Website/Application for the purposes of these Terms of Service, as well as any revisions to the same, and whenever the context so requires. The Website/Application also offers certain services without requiring registration or acceptance, and such service offering does not release You from this contractual relationship.
The terms "We", "Us", and "Our" relate to the Company. The term "Agreement" refers to this Terms of Service, as well as any revisions that may be incorporated into it. "Services" shall mean and refer to the services provided by the Company to Users, including but not limited to applying for and receiving quick and easy cash advances, as well as various types of financial products such as, but not limited to, loans, insurance products, credit cards, savings accounts, and mutual funds. "Third Party" means and refers to any person(s), corporation, or entity other than the User and the corporation.
The headers in this Agreement are intended for the purpose of grouping the numerous elements under this Agreement in an orderly manner. These titles may not be used by any party to construe the clauses contained within them in any way. Furthermore, the headers have no legal or contractual significance.
By using the Website/Application, You accept and agree to be bound by this Agreement, the Privacy Policy, and any rules, guidelines, policies, terms, and conditions applicable to any service provided by this Website/Application, which shall be deemed to be incorporated into and considered part and parcel of this Terms of Service. Your use of Our Website/Application constitutes acceptance of these Terms of Service and Our Privacy Policy. Please read both thoroughly. This policy, as well as any policies stated by terms of reference, govern Your use of this Website/Application. If You do not agree with any of these terms, please stop using this website.
We reserve the right to change the Terms of Service at any time without your consent or notification. This connection imposes on You the need to review the Terms of Service on a regular basis and keep current on its obligations. If You continue to use the Website/Application or any of its services without registering after such modification, You are understood to have consented to the modified policies. Your continued use of the Website/Application is contingent on your compliance with the Terms of Service, which includes, but is not limited to, compliance with the Terms of Service even after any revisions, if any.
2. MODE OF OPERATION
The Website/Application are web and app-based platforms that allow the User to apply for and obtain cash advances and various types of financial products from banks/financial institutions/insurance providers, including but not limited to loans, insurance products, credit cards, savings accounts, and mutual funds. The Website/Application is merely a means for collecting all information necessary for User registration; for collecting details required for the application; and for providing the User with the appropriate financial product;
The Company and/or its personnel will handle any discussions with the bank/financial institution/insurance provider regarding Our services.
Users will be able to examine and pick from a variety of financial products, including but not limited to loans, insurance, credit cards, and so on, and will also be able to obtain a rapid quote of the value associated with such financial items. Users will also be able to compare the many items listed under the same category in order to make an informed selection.
Users will be needed to input some facts about the product after picking it, such as its value, planned tenure, purpose, and so on, as well as any other information that will be necessary for the application process. After submitting the application, the Users will be contacted by the Company or its representatives via Telecaller to verify the information provided by the Users during the application process, and the application will be forwarded to banks/financial institutions or Direct Sales Agents after such verification.
Following the completion of the preceding stages, the bank/financial institution/insurance provider will contact the User for verification reasons before considering the approval and distribution of the financial product requested by the Users.
3. MEMBERSHIP
Registration on the Website/Application is required in order to fully utilize the Services offered by Us. A non-registered User can browse the Website/Application's content. Only registered Users of the Website/Application are eligible to apply for and receive the aforementioned financial products via the Website/Application. Contact Information, Name, Gender, Marital Status, Educational Qualification, Dependents, Current Residential Address, DOB, Email ID, Mobile Number, Alternate Mobile Number, City Currently Residing in, Residence Type, Pan Number, and so on. would be gathered from the User during registration. Additional information about the Users' employment, such as Employment Type (Salaried/Self-Employed), Net Salary, Business Start Date, Annual Turnover, Office Address, Office Phone Number, Work Email ID, Salaried Bank, Company Name, Joining Date, Total Experience, Employment Nature, and so on, may be required. Users must supply current, genuine, and accurate information during and after the registration process.
Membership in this Website/Application is open exclusively to individuals who are 18 years old or older, with the exception of those who are "Incompetent to Contract," which includes insolvents. If You are a minor and want to use the Website/Application, You must do so with the assistance of Your legal guardian and Us. We retain the right to cancel Your account if we discover that You are a minor who has registered on the Website/Application or used any of its services.
The User's information is self-declared and has not been validated by the Company. The Company has the right to use any and all information supplied by Users for promotional or marketing reasons.
Furthermore, You are solely responsible for protecting the confidentiality of Your Username and password, as well as any activity under the account that will be deemed to have been done by You, at any time during Your Use of this Website/Application, including, but not limited to, the time of registration. If You supply Us with incorrect and/or inaccurate information, or if We have reason to suspect You have, We reserve the right to permanently suspend Your account.
4. DISCLAIMER REGARDING SERVICES
The Website/Application serves only as a mediator, bridging the gap between Users seeking to apply for and get the aforementioned financial products from the different banks/financial institutions/insurance providers featured on the Website/Application. The Website/Application neither provides such a product nor recommends any such institution to Users. The Website/Application does not represent any banking/financial/insurance institution; it just allows Users' access to such institutions' services.
The Company assumes no responsibility for any errors or omissions made by itself or other parties. You accept that the Company has no other connection with you outside providing you with this service. The Company shall have no right, title, or interest in any application submitted by You using the Website/Application at any time.
The Website/Application/Company does not guarantee that any of the aforementioned financial products will be approved/disbursed/sanctioned by any of the banking/financial/insurance institutions. You acknowledge and accept that any financial product You apply for at any such institution will be approved/disbursed/sanctioned based on the terms and conditions of that particular institution, and the Website/Application/Company has no ability to intervene in such issues. The Website/Application or the Company are also not accountable for any delay/default/failure to deliver service / incorrect or inefficient service given by banks/financial institutions/insurance institutions. Banking/financial/insurance institutions will be completely liable for any or all of the services they supply.
5. TERM/TERMINATION
These Terms will continue to form a legal and enforceable contract between the Parties and will remain in full effect and force as long as the User accesses and uses the Website/Application.
You may cancel your use of the Service at any time by stopping to use it. If we stop providing the Services, we may cancel these Terms and close Your account at any time without notice. We reserve the right to stop or terminate Your use of and access to the Website/Application at any time and for any reason. This suspension or termination does not preclude us from taking any other action against You that we deem appropriate.
6. SECURITY
The Website/Application's transactions are safe and secure. Any data entered by the User when transacting on the Website/Application is encrypted to safeguard the User from unintended exposure to Third parties.
7. PRICING
This Website/Application membership is free, and this includes viewing the site and using the Services. If this free service is converted to a paid one, Users will be notified, and it will be up to You to determine whether or not You will continue to use Our services. Such modifications take effect as soon as they are posted on the Site.
8. COMMUNICATIONS AND ADVERTISEMENTS
By using this Website/Application, You agree to receive telephone calls, SMS messages, and/or emails from Us at any time we see appropriate. We will contact You in order to connect with You and improve Your experience while using the Website/Application. The Company may display server advertising inside the Website/Application and while using the Website/Application from time to time. These advertising will also notify You about new items and services that We will be releasing. These messages may include, but are not limited to, contacting You based on information obtained from Third Parties. Such communications by Us are for a variety of objectives, including clarification calls, marketing calls, and promotional calls. These messages will be delivered to You at the phone number and/or email address you have given. If You want to discontinue getting notifications from Us about marketing and promotional calls or any other contact from Us, please write an email to support@OnlineUdhaar.in.
You may also be contacted by Service Providers with whom We have contracted in furtherance of our rights, duties, and obligations under this agreement and other rules followed by Us, and with whom You have become friends through the Website/Application. Such contact shall be made only for the purpose of achieving such goals, and no additional calls shall be made.
Furthermore, you may be contacted by Third Parties who have access to the information you have supplied or to whom We may have shared Your information for purposes such as, but not limited to, statistics compilations. Our Privacy Policy governs the sharing of information submitted by You.
9. USER’S OBLIGATIONS
You are a restricted User of this Website/Application.
A - You agree not to duplicate, distribute, alter, reproduce, reverse engineer, distribute, disseminate, post, publish, or make derivative works from any information or software received from the Website/Application, transfer, or sell it. Limited Use may be permitted with our prior approval. To avoid confusion, it is clarified that limitless or wholesale reproduction, copying of the material for commercial or non-commercial reasons, and unauthorized alteration of data and information within the Website/Application content are not permitted.
B - You agree not to access (or attempt to access) the Website/Application or Services using any means other than the Website/Application's interface. The use of a deep-link, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website/Application or Content, or to reproduce or circumvent the navigational structure or presentation of the Website/Application, materials, or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available by the Website/Application, materials, or any Content You understand and accept that by accessing or using the Website/Application or Services, You may be exposed to material from other Users that You do not necessarily agree with.
C - You agree that if this Website/Application permits you to submit or upload data/information, you will do so in a manner that is not objectionable and in line with relevant laws. Furthermore, you agree not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website/Application or the Services (or the servers and networks which are connected to the Website/Application);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. Publish, post, or disseminate any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any way; or unlawfully threatening or harassing, including but not limited to "inde
v. Post any file that infringes the copyright, patent or trademark of other legal entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another's computer;
vii. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website/Application or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network connected to the Website/Application. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website/Application, or any other customer of the Website/Application, including any Website/Application Account not owned by You, to its source, or exploit the Website/Application or Service or information made available or offered by or through the Website/Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Application;
ix Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, system resources, accounts, passwords, servers or networks connected to or accessible through the Website/Application or any affiliated or linked sites;
x. Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website/Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/Application or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/Application contained herein or elsewhere;
xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi. Threaten the unity, integrity, defense, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or caUse incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;
xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xix. Create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website/Application to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/Application or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/Application. It shall be a violation of these Terms of Service to Use any information obtained from the Website/Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
10. REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website/Application or otherwise disclosed, submitted or offered in connection with Use of the Website/Application (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its Use, commercial or otherwise.
The Company will be entitled to Use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Service or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to Use names that you submit in connection with any Comments. You agree not to Use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
11. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or Used in connection with the Website/Application, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may Use the Content only through the Website/Application, and solely for Your personal, non-commercial Use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise Use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/Application, not to insert any code or product or manipulate the content of the Website/Application in any way that affects the User's experience, and not to Use any data mining, data gathering or extraction method.
12. GEOGRAPHICAL EXTENT
The Website/Application can be Used in India. If You access or Use the Website/Application in any countries where the Website/Application is prohibited, You are solely responsible for compliance with necessary laws and regulations for Use of the Website/Application.
13. DISCLAIMERS OF WARRANTIES AND LIABILITIES
you expressly understand and agree that, to the maximum extent permitted by applicable law:
the Website/Application, services and other materials are provided by this Website/Application is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Website/Application makes no warranty that
a. your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
b. materials, information and results obtained will be effective, accurate or reliable;
c. any errors or defects in the Website/Application, services or other materials will be corrected.
to the maximum extent permitted by applicable law, we will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Website/Application also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
the User understands and agrees that any material or data downloaded or otherwise obtained through the Website/Application is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. we are not responsible for any typographical error leading to an invalid coupon. Website/Application accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
we shall not be liable for any third party product or services. the advertisement available on e-mail or Website/Application with respect to the third party Website/Application or the products and services are for information purpose only.
14. Indemnification and limitation of liability
you agree to indemnify, defend and hold harmless this Website/Application/company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. further, you agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with, your Use of the Website/Application, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
in no event shall the Website/Application, its officers, directors, employees, partners or suppliers be liable to you, the vendor or the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of Use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your Use of or access to the Website/Application, services or materials.
the limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
15. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Bangalore, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bangalore, India and You hereby submit to the personal jurisdiction of such courts.
16. PRIVACY
We encourage You to read the Privacy Policy and to Use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Website/Application are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your Use of the Website/Application. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
17. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address support@OnlineUdhaar.in .
18. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Website/Application and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the Use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
19. CONTACT US
If you have any questions about this Agreement, the practices of the Website/Application, or your experience with the Service, you can e-mail Us at support@Onlineudhaar.in.