a)AAVAS Financiers Limited herein refers to "AAVAS" or “COMPANY” is a Company registered under the Companies Act, 1956 and having its Registered Office at: 201-202, 2nd Floor, Southend Square, Mansarovar Industrial Area, Jaipur, Rajasthan-302020, is governed by the National Housing Bank Act, 1987.
b) "USER" refers to any individual, legal entity or representative who uses SERVICES of AAVAS.
c) “SITE” refers to websites, mobile websites and mobile applications, physical application forms or other such media through which USER interacts with SERVICES of AAVAS and which are owned and maintained by AAVAS.
d) "SERVICES" refers to all the services and products provided by AAVAS to the USER including but not limited to loan, loan application and their related services, which may be online or offline.
e) "PASSWORD" is an alpha numeric code entered and confirmed by the USER.
f) "TECHNICAL PROBLEMS" include any problems and difficulties arising due to power and electricity failure, computer errors, virus related problems, programming errors, software or hardware errors, computer breakdown, non-availability of internet connection, communication problems, shutting down of the AAVAS's server, non-availability of links, corruption of the system software, problems in other Utility Companies extending support to COMPANY, breakdown of infrastructure and telecommunication network, problems in any other connected telecommunication network and any other technology related problems.
g) VERIFICATION CODE: An alpha numeric string of characters which can be used one time for a single login or transaction or any related action on AAVAS’s SITE.
In this document, all references to the USER being referred in masculine gender shall be deemed to include the feminine gender. All terms defined above in uppercase will bear meaning given above. Any other terms not defined above will have general english meaning.
These Terms and Conditions form the contract between the USER and COMPANY for availing SERVICES. By accessing and using website, mobile website or mobile app, etc the USER acknowledges and accepts all terms of this agreement. The agreement shall remain effective unless terminated by AAVAS or the account is closed and consent is withdrawn specifically by USER and confirmed by AAVAS, whichever is earlier.
AAVAS shall be entitled at its sole discretion to update or amend the contents of the SITE at any time.
3) SERVICE DELIVERY:
For the purpose of availing SERVICES, the USER would need to have legal and valid access to the internet.
The USER cannot claim the SERVICES as a matter of right. AAVAS reserves the right to refuse/withdraw the facility provided to the USER without assigning any reasons. AAVAS at its sole discretion may also make additions/deletions to the SERVICES. AAVAS has the right to determine and vary from time to time without prior intimation, the scope and type of SERVICES to be made available including, expanding, modifying or reducing the SERVICES at any time and prescribing and changing the normal service hours during which the SERVICES are available and any daily cut-off time for any type of SERVICES.
AAVAS may advise from time to time the software such as browsers but there will be no obligation on the COMPANY to support all the versions of this software. The USER shall be solely responsible for upgrading software, hardware and the operating system at their own cost and from time to time so as to be compatible to avail the SERVICES. The COMPANY shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time.
The COMPANY may need to send a VERIFICATION CODE via sms to USER. USER acknowledges that delivery of sms are dependent on the infrastructure, connectivity and services provided by the phone/network service providers. The COMPANY shall not be responsible for non-receipt or delay of the sms, error, loss or distortion in transmission of information and instructions to/from USER.
The USER unconditionally consents to the COMPANY communicating via sms, phone, internet-based messaging applications like WhatsApp, voice call, email or any other mode of communication, electronic or otherwise.
The USER can contact our customer representative cell through e-mail/telephone calls/ sms / WhatsApp messages or other mode of communication for clarifying any of their queries. By accepting these Terms & Conditions, it will be considered that USER has given his consent to recording of any tele-conversation between USER and COMPANY.
The COMPANY may keep the records of any USER actions or events or transactions made in any form. In the event of any dispute, the COMPANY records shall be binding on the USER as a conclusive evidence of the actions or events or transactions carried out by him through SERVICES.
4) UNAUTHORISED ACCESS:
The USER shall take all necessary precautions to prevent unauthorized and illegal use of internet and COMPANY SERVICES. USER agrees not to a) impersonate an employee or representative of the COMPANY, and/or b) misrepresent identity or affiliation with a person or entity, and/or c) send unsolicited and unauthorized communication, and/or d) attempt to gain access to any portion of the SITE or any SERVICES not offered to the USER, and/or e) attempt to interfere with proper working of the SITE or restrict or inhibit any other USER from using the SITE.
5) INTERNET ACCESS:
The USER may be allotted an Id and/or PASSWORD for use of SERVICES. It is the responsibility of the USER to change the PASSWORD as frequently as possible. The same are strictly confidential and not transferable. The USER under any circumstances should not disclose these PASSWORD(s) to any third party. The USER shall be responsible for all type of transactions executed using the above PASSWORD. The COMPANY shall have no obligation to verify the authenticity of any transaction received through the SERVICES other than the system verification of Id and/or PASSWORD. The USER shall be wholly responsible for the secrecy of the PASSWORD and the COMPANY bears no liability for any use of the SERVICES by an unauthorized person.
The USER will be responsible for all transactions done through the internet using his Id and such transactions will be considered as transactions originated by the USER and will be binding on the USER.
The USER agrees and acknowledges that COMPANY shall in no way be held responsible or liable if the USER incurs any loss as a result of information being disclosed by COMPANY regarding his Account(s) and the USER shall fully indemnify and hold COMPANY harmless and free from any liabilities in respect of the same.
6) ACCOUNT SERVICES:
The contents of the SITE, either wholly or partially, cannot be printed, distributed, transmitted, modified, displayed or otherwise reproduced without the prior written permission of AAVAS.
The COMPANY at its discretion can levy penal charges accordingly for every breach of Terms and Conditions. If the account is overdrawn inadvertently or due to TECHNICAL PROBLEMS, the USER will be obliged to reimburse the overdrawn amount and pay the interest and other charges on the overdrawn amount as decided by the COMPANY.
The report generated by the USER through the SERVICES shall not be construed as COMPANY 's record of the transactions or actions or events. The COMPANY 's own records of transactions or action or events maintained by the COMPANY shall be accepted as conclusive and binding for all purposes.
COMPANY under no circumstances shall be held liable to the USER if the SERVICES are not available in the desired manner for reasons including but not limited to TECHNICAL PROBLEMS, natural calamities, flood, browser incompatibility, failure in telecommunication network or any other reason.7) CHARGES:
The SERVICES may be offered free of cost initially. AAVAS reserves the right to prescribe fee/charges for the SERVICES after intimating to the USER through the SITE or any other mode. The USER will have the option to continue availing the SERVICES paying the prescribed fee/charges, if applicable or to discontinue the same.
The USER shall be liable to pay all charges, fees, interest, costs wherever applicable, which the COMPANY in its absolute discretion may levy with respect to any of the SERVICES and the same may be recovered by the COMPANY by a debit to the USER account/s.8) ACCURACY OF INFORMATION:
The USER is responsible for the correctness of information supplied to the COMPANY through the use of SERVICES or through any means such as electronic mail or written communication or phone conversation with customer representative(s). A VERIFICATION CODE may be sent to the registered mobile number and/or email. The COMPANY shall accept no liability for the consequences arising out of erroneous information supplied by the USER. If the USER suspects that there is an error in the information supplied to the COMPANY by him, he shall communicate to the COMPANY at the earliest. The COMPANY will endeavour to correct the error wherever possible on a "best efforts" basis.
9) LIABILITY OF THE USER AND THE COMPANY:
The USER shall be liable for losses accrued due to unauthorized transactions or actions in the account(s) if he has breached the Terms and Conditions, and/or contributed, and/or caused the loss by negligent actions such as the following but not limited to:
Disclose or fail to take all reasonable steps to prevent disclosure of the Id and/or PASSWORD(s) to anyone including COMPANY staff and/or failing to communicate to the COMPANY of such disclosure within a reasonable time.
Not informing the COMPANY within a reasonable time about unauthorized access to or erroneous transactions in the account(s) through the SERVICES.
The COMPANY shall not be liable for any unauthorized transactions or actions which occur through the internet and the USER hereby fully indemnifies and holds COMPANY harmless against any action, suit, proceeding, inquiry, investigation initiated against it or any loss, cost or damage incurred by it as a result thereof.
The COMPANY shall not be liable to the USER for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the USER, if access to SERVICES is not available in the desired manner for reasons including but not limited to TECHNICAL PROBLEMS, natural calamity, floods, fire and other natural disasters, faults in the telecommunication network or internet or network failure, software or hardware error or any other reason(s) beyond the control of the COMPANY.
The COMPANY shall endeavour to take all possible steps to maintain secrecy and confidentiality of its USER’s account(s) but shall not be liable to the USER for any damages whatsoever caused on account of breach of secrecy/confidentiality due to hacking and/or technological lapses in the system beyond the control of the COMPANY.
The USER shall indemnify and keep fully indemnified, hold harmless and defend AAVAS or its affiliates, principles, their directors and employees, from and against any/or all third party claims, demands, action suits, proceedings, judgements, orders, damages, costs, losses, interests, charges, liabilities, penalties, taxes imposed and expenses (including reasonable attorney’s fees and disbursements) of any nature whatsoever, which may arise due to or by reason of a) USER making, committing, causing or permitting to be made or committing any default or breach in respect of or no-observance or non-compliance with any of the provisions of this agreement; and/or b) any representations or warranties or covenants made by USER being false or incorrect; and/or c) any wrongful, negligent, fraudulent, criminal act or concealment and/or violation of any Applicable Law(s) committed by USER; and/or d) breach of any provision relating to protection and non-disclosure of confidential information and/or e) any immoral/unethical/illegal/unlawful means employed by USER or breach of any clause of this agreement.
The USER acknowledges that the foregoing indemnities shall survive the termination of this agreement.11) USAGE AND DISCLOSURE OF PERSONAL INFORMATION COLLECTED:
The USER agrees that the COMPANY and/or its agents/associates/contractors may hold and process his personal information in connection with SERVICES as well as for statistical analysis, credit worthiness, credit scoring, product pricing and other business decisions. The USER also agrees that the COMPANY may disclose, in strict confidence, to other institutions, such personal information as may be reasonably necessary for reasons inclusive of, but not limited to, the following:
For participation in any telecommunication, electronic clearing network.
In compliance with a legal directive.
For fraud prevention purposes.
For obtaining credit report from government mandated credit bureaus.
For obtaining consumer report, account statement or usage report from finance institutions or third-party entities.
The USER acknowledges that the COMPANY software using the internet as well as other related software, which are required for accessing SERVICES, is the legal property of the COMPANY or a related vendor or agent.
The permission given by the COMPANY to access SERVICES shall not convey any proprietary or ownership rights in the above software. The USER shall not attempt to modify, translate, disassemble, recompile or reverse engineer the software supporting or providing underlying SERVICES or create any derivative product based on the software.
13) AMENDMENT OF TERMS AND CONDITIONS:
The COMPANY has the absolute discretion to amend or supplement any of the Terms and conditions at any time and will endeavour to give prior notice of reasonable time for such changes wherever feasible and/or publish the same in the SITE of the COMPANY. Any such notice published in the SITE shall be construed as reasonable notice to the USER and binding on them. The COMPANY may introduce new SERVICES from time to time. By using these new SERVICES, the USER agrees to be bound by the Terms and Conditions stipulated by the COMPANY from time to time.14) WITHDRAWL OF CONSENT:
USER may withdraw consent to this Agreement by contacting customer care of the COMPANY by mailing the COMPANY at the address provided in section 16 of this Terms and Conditions or by any other media provided by AAVAS. The withdrawal of consent shall be effective only after AAVAS has a reasonable period of time to process the withdrawal request and USER is not a customer of any of AAVAS’s SERVICES. If USER withdraws consent to this Agreement, he will not be able to use SERVICES of the COMPANY.
The grant of SERVICES to a USER is not transferable under any circumstance and shall be used strictly by the USER.
Notices under these Terms and Conditions may be given by the COMPANY and the USER electronically to the mailbox of both party and such notices will be regarded as being in writing or by delivering the written notices by hand or by sending them by post to the USER address as per our records and in case of COMPANY to the address mentioned below:
AAVAS FINANCIERS LIMITED
Regd. Office: 201-202, 2nd Floor, Southend Square, Mansarovar Industrial Area, Jaipur, Rajasthan-302020
Email: [email protected]
COMPANY may also publish notices of general nature applicable to all USER of SERVICES and such notices shall have the same effect as a notice served individually to each USER.17) GOVERNING LAWS:
By accepting these Terms and Conditions, the USER expressly consents and submits to the laws of Republic of India and to be governed by the exclusive jurisdiction of the courts in Jaipur, India only, giving such courts the exclusive power and authority to hear and determine any dispute between the parties of this agreement.
COMPANY accepts no liability whatsoever, direct or indirect, for non- compliance with the laws of any country other than India. The mere fact that a USER from a country other than India can access SITE shall not be interpreted to imply that the laws of the said country govern these Terms and Conditions and/or the operations in the accounts of the USER through internet and/or the use of SERVICES.
The USER agrees to abide by prevailing laws in respect of internet applicable in India. It shall be the responsibility of the USER to comply with any regulations prevailing in the country from where he is accessing the internet.
The clause headings in this document are only for convenience and do not affect the meaning of the relative clause. The USER shall not assign this agreement to anybody else. The COMPANY may subcontract and employ agents to carry out any of its obligations under this contract.
In case of any conflict in the interpretation of any of the above mentioned terms and conditions in the two languages - English & Hindi, the interpretation arising out of the terms and conditions stated in English Language will be considered as the right interpretation for all intents and purposes.