1. GENERAL
“Sweepstake” (hereinafter the “Website/Application”) or “Paisafatafat App” (hereinafter the “Application”) is owned and operated by AdCanopus Digital Media Private Limited, a private limited company incorporated under the Companies Act, under the registered address
You are advised to read and understand these Terms carefully. Moving past the home page, or using any of the services, shall be taken to mean that You have read and agreed to all of the policies, which constitutes a legally binding agreement between You and the Website/Application. These terms are to be read along with the Privacy Policy and any other policies on the Website/Application.
In terms of Information Technology statutes, this document is an electronic record under the laws of India. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or Usage of the Website/Application.
For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires, "You" or "User" shall refer to any natural or legal person who has agreed to become a User of the Website/Application by accessing the Website/Application. The Website/Application also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
The term "We", "Us", and "Our" shall refer to the Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Services” shall mean and refer to the services offered by the Company to the Users including, but not limited to, applying for and availing quick and easy cash advances and various types of financial products such as, but not limited to, loans, insurance products, credit cards, saving accounts, and mutual funds. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be Used by either party to interpret the provisions contained under them in any manner. Furthermore, the headings have no legal or contractual value.
By Using the Website/Application, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website/Application that shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. Your Use of Our Website/Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and Our Privacy Policy. Please read both carefully. The Use of this Website/Application by You is governed by this policy, and any policy so mentioned by terms of reference. If You do not agree with any of these terms, please discontinue Using the Website/Application.
We hold the sole right to modify the Terms of Service without prior permission from You, or providing notice to You. This relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to Use the Website/Application, or avail any of its services without registration following such change, this is deemed as consent by You to the amended policies. Your continued Use of the Website/Application is conditional upon Your compliance with the Terms of Service including, but not limited to, compliance with the Terms of Service even after alterations, if any.
2. MODE OF OPERATION
The Website/Application are respectively web and app-based platforms which enable the User to apply for and avail cash advances and various types of financial products such as, but not limited to, loans, insurance products, credit cards, saving accounts, and mutual funds from banks/financial institutions/insurance providers. The Website/Application is only a medium for obtaining all information required for the registration of the Users; for the collection of details required for the application, and availing the User’s required financial product;
All communications with the bank/financial institution/insurance provider with regards to Our services shall be undertaken by the Company and/or its representatives.
The Users will be able to view and select from a category of financial products such as, but not limited to, loans, insurances, credit cards, etc. and also get a quick quote of the value associated with such financial products. The Users will also be enabled to compare the different products listed under the same category for making a well informed decision.
The Users, upon selecting the product they want to avail, will have to submit certain details with regards to the same, such as, but not limited to, its value, intended tenure, purpose, etc., and any other information which will be required for the application process. Upon submission of the application, the Users will be contacted by Company or its representatives via Telecaller to verify the information furnished by the Users during the application process and, upon such verification, the application will be forwarded to banks/financial institutions or Direct Sales Agents.
The bank/financial institution/insurance provider, subsequent to the above processes, will contact the User for verification purposes and will then consider the approval and disbursement of the financial product applied for by the Users.
3. MEMBERSHIP
Registration on the Website/Application is mandatory for fully availing the Services provided by Us. A non-registered User can browse through the content of the Website/Application. Only a registered User of the Website/Application can apply for, and avail, the aforementioned financial products through the Website/Application. Basic information such as, but not limited to, Contact Info, 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 et al. would be collected from the User at the time of registration. Additional details with regards to the employment of the Users such as, but not limited to, 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 et al. may also be required to be provided by the Users. Any and all information provided by the Users during, and after, the registration process must be current, true, and accurate.
Membership of this Website/Application is available only to those who are 18 years old or older, barring those “Incompetent to Contract” which, inter alia, include insolvents. If You are a minor and wish to Use the Website/Application, You may do so through Your legal guardian and Us. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website/Application or availing any of its services.
All information provided by the User are self-declared and not verified by the Company. For any and all information posted by any Users, the Company has the right to Use such Content for promotions or marketing purposes.
Furthermore, at any time during Your Use of this Website/Application, including, but not limited to, the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, as well as any activity under the account which will be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
4. DISCLAIMER REGARDING SERVICES
The Website/Application is just an intermediary, bridging the gap between Users desiring to apply for and avail the aforementioned financial products from various banks/ financial institutions/insurance providers listed therein. The Website/Application does not provide any such product in-hoUse, nor does it recommend any such institution to the Users. The Website/Application does not represent any banking/ financial/ insurance institution; it merely facilitates the Users in availing the services of such institutions.
The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You acknowledge that the Company has no relationship with You, other than to provide you with this service. At no time shall the Company have any right, title or interest to any application made by You through the Website/Application.
The Website/Application/Company does not guaranty the approval/disbursal/sanction of any of the aforementioned financial products by any of the banking/ financial/insurance institutions. You understand and agree that the approval/disbursal/sanction to any financial product You apply for, in any such institution, shall be based on the terms and conditions of that particular institution and the Website/Application/Company has no authority to intervene in such matters. The Website/Application or the Company shall also not be held liable for any delay/default/failure to provide service / improper or inefficient service provided by the banks/ financial institutions/insurance institutions. The banking/ financial/insurance institutions shall be solely responsible for any or all of the services provided by them.
5. TERM/TERMINATION
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full effect and force until the User continues to access and Use the Website/Application.
You may terminate Your Use of the Service at any time by ceasing to Use the Service. We may terminate these Terms and close Your account at any time without notice if we cease to provide the Services. We may suspend or terminate Your Use of and access to the Website/Application at any time and, for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate.
6. SECURITY
Transactions on the Website/Application are secure and protected. Any information entered by the User when transacting on the Website/Application is encrypted to protect the User against unintentional disclosure to Third parties.
7. PRICING
The membership of this Website/Application is free and this includes the browsing of the site and the Use of the Services. In case this free service will be converted to a paid one, Users will be intimated of the same, and it will be up to You to decide whether or not You will continue with services offered by Us. Such changes are effective as soon as they are posted on the Site.
8. COMMUNICATIONS AND ADVERTISEMENTS
By using this Website/Application, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time we deem fit. We shall reach out to communicate with You and enhance Your experience while using the Website/Application. From time to time, the Company may display server advertisements within the Website/Application and during the Use of the Website/Application. These advertisements shall also inform You about new products and services released by Us. These communications include, but are not limited to contacting You through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to You on the telephone number and/or email id provided by You for the Use of this Website/Application which are subject to our Privacy Policy. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls with regard to any communication received from Us, You are required to send an email to [email protected].
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom You have become friends with from the Website/Application. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.
9. USER’S OBLIGATIONS
You are a restricted User of this Website/Application.
A - You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/Application. With our prior permission limited Use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted.
B - You agree not to access (or attempt to access) the Website/Application or Services by any means other than through the interface that is provided by the Website/Application. The Use of 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 in any way 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 through the Website/Application. You acknowledge and agree that by accessing or Using the Website/Application or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, You may report such offensive content.
C - In places where this Website/Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake 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, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under the relevant laws of India.
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 [email protected] .
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 [email protected].