Welcome to the portal www.finomena.com (the “Website”). The content of this Website is the property of 8FINATICS MOBILE PRIVATE LIMITED (the “Company”). The Company is in the business of providing technology services to financial institutions and facilitating services to retail customers availing financial products from these financial institutions via this Website (“Services”).




For the purpose of these Terms of Use, wherever the context so requires, “you” or “your” shall mean any natural or legal person who visits the website and/or avails the Services on the Website, including, by providing information to the Website by filling out a loan application form (“LAF”). The Company allows you to surf the Website without registering on the Website. The terms “we”, “us”, “our” shall mean the Company.

These Terms of Use along with the Privacy Policy extend to users who visit the Website but do not avail of the Services offered by the Company on the Website as well as users who are authorized by the Website to avail of the Services on the Website. The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes. Nothing in these Terms of Use should be construed to confer any rights on any third party beneficiaries. The headings contained in this Term of Use document are for reference purposes only.

1.Access and Use of the Website.

1.1Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to refuse to provide you with access to the Website if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years.

1.2Use of the Website is available only to persons who are Indian nationals residing in India at the time of accessing the Website and have an Indian registered mobile number for authentication purposes1.

1.3In order to use the Services offered on the Website you are required to be a registered user (the “Registered User”). In order to become a Registered User, you will have to provide accurate,

truthful, and complete registration information at the application stage. Furthermore, the Company has no obligation to accept applications to become a Registered User. Upon acceptance of your

application you will be assigned a user name and password that will allow you to access the Website (“User Name” and “Password”, respectively). It is your obligation to keep your registration

information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You agree that you will not share your Password and User Name with any third party except as otherwise set forth in these Terms of Use. The Company may charge you a registration fees for registering on the Website.

1.4When you provide information to the Company you agree to provide only true, accurate, current, complete information about yourself and you agree not to misrepresent your identity or your account information. You hereby further agree to keep your account information up to date and accurate.

1.5Use of the Company is free for all Registered Users. However, the Company reserves the right to levy any service charges as applicable from time to time in consideration of the Services provided to the Registered User.

1.6The Company reserves the right to refuse access to the Website, remove or edit content at any time without notice to you.

1.7The Company will endeavor to ensure that access to and availability of the Website remains uninterrupted and error free. However, access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, security breaches or for the introduction of new facilities and services.

1.8In some cases when you use the Website or attempt to use the Company’s Services the transaction may be held up as pending or delayed for processing by either the Company, the Lender or the merchants and can be cancelled at any time until it is confirmed by the Company.

1.9To avail of the Services on the Website you will have to fill out the LAF and provide your Personal

Information (as defined in the Privacy Policy). Such Personal Information may be shared by the Company with a partner non-banking financial company (the “Lender”) or other third party service

providers for the purpose of processing your LAF.

1.10The Services accessed via the Website may need you to supply your personally identifiable

information including, but not limited to, your passport, voter ID card issued by the Election Commission of India, valid driving license, permanent account number (“PAN”) card, aadhar

number (i.e. the unique identification number issued by the Unique Identification Authority of India), one time password received on your registered mobile number, biometric token like your

fingerprint(s) or iris scan(s) or any other identification proof as may be accepted by the Lender and your bank account details, including but not limited to, your previous 12 months’ transaction history,

amongst other information. You hereby authorize the Company to share such information with the Lender and relevant third parties for identity authentication and make any enquiries with any other finance company / bank / registered credit bureaus regarding your credit history and other banking details.

2.Limited Licence for Access.

2.1The Company grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it(or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable.

2.2This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices, any derivative use of this Website or its contents, any downloading or copying of information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or sell any products, services or otherwise (whether or not for profit) or solicit others (including without limitation solicitations for contributions or donations).

2.3This Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without prior written consent of the Company and/or its affiliates, as may be applicable.

2.4You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without

prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company’s or its affiliates' names or trademarks without the prior written consent of the Company

and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.

2.5You have been granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You will not use any logo or other proprietary graphic or trademark of the Company as part of the link without prior written consent of the Company and / or its affiliates, as may be applicable.

2.6You shall not use the Website in any way that causes, or is likely to cause damage or impairment to the Website or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to the Website in any way. You shall not use the Website to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that:

(a)belongs to another person and to which you do not have any right;

(b)is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any other manner whatsoever;

(c)harms minors in any way;

(d)infringes any patent, trademark, copyright or other proprietary rights;

(e)violates any law for the time being in force;

(f)deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g)impersonates another person;

(h)contains software viruses or any other computer code, files or programs designed to

interrupt, destroy or limit the functionality of the Website and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or

enjoyment of the Website and/or the Services; and

(i)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

2.7You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

2.8You will not delete or modify any content of the Website and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

3.Platform for Transaction and Communication.

3.1The Website is a platform that users utilize to / avail of loans and credit facilities from the Lender. The Company is not and cannot be a party to or control in any manner, the loan transaction between the user and the Lender. The Company is only acting as a facilitator and collecting certain information on behalf of the Lender and verifying the details supplied by the Registered Users. At no point is the Website/Company representing as a lending company. The granting of the loan shall be at the sole discretion of the Lender and on such terms and conditions as stipulated by the Lender.

3.2The Company shall tie up with authorized lenders to ensure you get the best financing options. We have currently ties up with the following financing partners (i.e. Lenders) –

a.Consolidated Securities Limited, a company duly incorporated under the Companies Act, 1956 registered with the RBI as a non-systematically important non deposit taking non-

banking financial company, having its registered office at 8/19, 3rd Floor, W.E.A., Pusa Lane, Karol Bagh, New Delhi-110005. [

3.3By using the Website you authorize the Company, directly or through third parties, to make any enquiries considered necessary to validate your identity, including asking for further information that will allow us to reasonably identify you, requiring you to take confirmatory steps to validate your e- mail address, mobile phone number, bank account number using internet banking credentials etc. or verifying the information supplied by you on the Website against third party databases and other sources. We may ask you for identifying documents in certain cases. The Company reserves the right to close, suspend or limit your account and/or access to the Website and Services if we are unable to obtain or verify the information provided by you.

3.4By using the Website, you give the Company, on behalf of the Lender, the explicit permission to investigate your credit record and obtain your credit report from registered credit information bureaus, banks and other financial companies in connection with the review of your loan application through a third party service provider. A credit report may also be requested by the Company for each user in any other case. You understand that the Company, on behalf of the Lender, may report negative information about your account to credit information companies.

3.5By using the Website, and providing your aadhar number for identity verification, you give the Company, on behalf of the Lender, the explicit right to query the UIDAI database, through a third party service provider, for your demographic information (including but not limited to your name, address, photograph, age etc.) and share this with the Lender and other third parties, as required, in order to verify your identity and to use this system to perform all adequate checks on the identity of the proposed borrower under the loan application.

3.6By using the Website, and providing your bank account information and internet banking credentials through a third party service provider’s website/platform, you give the Company, on behalf of the

Lender, the explicit right to query your bank account details and financial data for your financial history (including but not limited to previous 12 months’ bank account statements) and share this

with the Lender and other third parties, as required, in order to verify your identity and perform adequate checks on the financial health and borrowing capacity of the proposed borrower under the loan application.

3.7By using the Website, and providing your login credentials via third party social media platforms including, but not limited to, Google, Facebook, Linkedin, Twitter etc., you hereby authorize the Company, on behalf of the Lender, to access such information as may be accessible to us as per the terms and privacy policy of the concerned social media platform or service. You hereby authorize the Company to collect such information including your list of contacts, location information, browsing history, e-mail or instant messaging contents etc. in order to verify your identity and perform adequate checks on the financial health and borrowing capacity of the proposed borrower under the loan application. The Company may share such information with the Lender or other third parties, if required.

3.8For the completion of any transaction on the Website, the Company offers you the option to digitally sign your documents, including the LAF, with your authentication credentials to enter into legally binding contracts with the Lender and any other parties, as may be required. You understand that the electronic signature service is offered via a third party service provider using Aadhar based e-KYC authentication service. The Company only acts as a technology platform offering such service on

behalf of the Lender and Company shall not be held responsible or liable for any acts, failure to act, loss, damage, fraud, misappropriation, accident, mistake, failure due to any reason whatsoever by the Lender or third party service provider in this regard.

3.9If you grant express consent and permission to a third party to take specific actions on your behalf,

or access particular information about your account, either through your use of the third party product or service or through the Company’s Website, you hereby agree that the Company may

disclose this information about your account, that has been authorized by you, to this third party. You also expressly agree that granting permission to a third party to take specific actions on your behalf does not relieve you of any responsibilities under these Terms of Use. Further, you acknowledge and agree that you will not hold the Company responsible for, and will indemnify the Company from, any liability arising from the actions or inactions of the third party in connection with the permissions you grant.

3.10All commercial/contractual terms are offered by and agreed to between you and the Lender alone. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Lender.

3.11As a service provider the Company is responsible for communicating, transacting and verifying your Personal Information provided on the Website on behalf of the Lender.

3.12Notwithstanding Clause 3.8 above, the Company does not make any representation or warranty as to the specifics of the Services proposed to be offered or availed of on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3.13The Company is not responsible for any non-performance or breach of any contract entered into between you and the Lender. The Company cannot and does not guarantee that you and/or the Lender will perform any transaction initiated on the Website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between you and the Lender.

3.14You are advised to independently verify the bona fides of the Lender and use your best judgment in that regard.

3.15The Company does not, at any point of time during any transaction between you and the Lender, gain title to or have any rights or claims over the services offered by the Lender to you.

3.16It is hereby clarified that the Company shall only act as a facilitator and a technology provider (via the Website) to the Lender. Processing the LAFs and disbursing loans shall be the sole responsibility of the Lender. It is agreed that any loan or other contractual agreements entered into for the financial products offered on the Website shall be strictly bipartite contracts between you and the Lender.

3.17Before completing any transaction on the Website, you will be asked to consent to the Company’s and/or Lender’s terms of service by checking the terms and conditions box on the LAF. This action

constitutes your electronic signature and manifests your consent and agreement to the following terms:

a.Company may provide disclosures required by law and any other information about your account and your legal rights and duties to you electronically;

b.Company can send any communications, billing statements, or required disclosures (“Disclosures”) to you electronically via our Website or to the email address that you have

provided to us, either directly or indirectly via the merchant to whom the Lender will send funds on your behalf;

c.Your electronic signature on application forms, agreements, mandate letters, authorization letters and other documents has the same effect as if you signed them in ink as per Applicable Laws including the Information Technology Act, 2000 and the rules made thereunder and the Evidence Act, 1872 and the rules made thereunder; and

d.This consent applies equally to any transaction undertaken by you through the Website in the past, to all future Disclosures and communications on your account and to all future transactions that may be made on the Website.

3.18You understand that in order to view and/or retain the copies of the Disclosures you may need a

computer with an internet connection, a mobile device running iOS or Android, a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to store Disclosures or the capability to print Disclosures from the device on which you view them.


4.Repayment Methods and Collection.

4.1You may use one of the following acceptable methods of payment to make automatic monthly account payment to the Lender. Currently acceptable methods of payment are:

(a)Debit Card / Credit Card: payment made by a debit/credit card shall be subject to such payment terms as established by the card issuer. If charges cannot be processed through your credit/debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and the Company will have no liability with respect thereto;

(b)ECS mandate: You may provide us with a valid and authorized electronic clearing house system (“ECS”) mandate to pay your account balance by automatic debit sweep of your

bank account;

(c)Post Dated Cheques: You may pay your account balance by making cheques payable to “Consolidated Securities Limited”; and

(d)NEFT or RTGS bank transfer.

4.2You agree to allow the Company, on behalf of the Lender, to send you payment reminders from time-to-time. Notwithstanding whether you have consented or not, you agree that payment reminders may take the form of any available mode of communication. You also agree that if you fail to repay an amount owed to the Lender under these Terms of Use the Company may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting

you directly, submitting your information to a collection agency or taking legal action. FAILURE OR DEFAULTS IN PAYMENT MAY AFFECT YOUR CREDIT SCORE.

5.Cancellation and Account Closure.

5.1You can quit the Website at any time during the process of filling up the LAF. You understand that any information submitted to the Website, even in case of incomplete LAFs, can be saved and used by the Company as described in its Privacy Policy. The Company may share such information with the Lender, or other third parties, as per the terms of this Terms of Use.

5.2Loan approval process is as per the discretion of the Lender. The Company may choose not to provide the Service to you or to any specific merchant sites or vendors at any time for any reason, including but not limited to your creditworthiness, transaction history on the Website or any other reason. The Company may cancel transactions and loans at any time before the delivery of goods to your registered address if you violate any term of these Terms of Use.

5.3If we suspect any fraudulent transaction by you or any transaction which violates the terms and conditions of using the Website, we, at our sole discretion, reserve the right to initiate cancellation of such LAFs and/or suspend your right to access and use the Website.

5.4You may close your account at any time by writing to us at [email protected]. Upon closure we will cancel any pending transactions unless otherwise legally prohibited. In case of pending dues owed to the Lender, the total amount owed to the Lender shall become immediately due and payable and the borrower shall be required to repay all dues by way of a onetime lump sum payment within a period of 30 days from the date such account closure communication is received by the Company.2 The account shall not be closed till you repay all dues owed to the Lender, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. The Company will retain your Personal Information in accordance with our Privacy Policy.

5.5The Company may close your account if you do not log in to the Website or use the Company’s Services for two or more years. The Company will retain your Personal Information in accordance with our Privacy Policy.

6.Copyright and Database Rights.

6.1All content included on the Website, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its content suppliers.

6.2The compilation of all content on this Website is the exclusive property of the Company.

6.3All software used on this Website is the property of the Company or its software suppliers or third

party vendors engaged by the Company to provide the Services. You shall not systematically extract and/or re-utilize parts of the contents of the Website without the Company’s express written

consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and

extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Website, without the Company’s prior and express written consent.

6.4You shall not create and/or publish your own database that features substantial parts of this Website (e.g. prices and product listings) without the Company’s express written consent. Your personal and

non-commercial use of this Website shall be subjected to the following restrictions - (a) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (b) you may not decompile, reverse engineer, or disassemble the content; or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.


Finomena and other marks indicated on the Website are trademarks or registered trademarks of the Company. All other trademarks not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.


8.1The Company may provide you with communications about your account and Company’s Services both electronically and / or through phone calls or in writing. Standard mobile, message, data rates and any other fees charged by phone operators may apply and the user shall be responsible for the same.

8.2Company reserves the right to close your account and get the Lender to immediately collect all due

amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party websites on which the Company relies (for example – Facebook,

Twitter etc.) or if any such service should revoke your account on their website.

8.3Visiting the Website, sending emails to the Company or posting on the Company’s social media

handles constitutes electronic communication by you with the Company. The Company communicates with you by short messaging service (“SMS”), email or by posting notices on the

Website. Any electronic communication will be considered to be received by you within 24 hours of the time we e-mail it to you or otherwise send it to your attention (such as via SMS or other online notification method). We will assume you have received any communications sent to you by postal mail within 5 business days after we send it.

8.4If we need to contact you to service your account, you hereby give consent to us, as well as our employees, agents, vendors and collection agents, to communicate with you in any way, such as calls, messages or e-mail via:

(a)a mobile or landline phone number you provide or use to contact us or at which we believe we may be able to reach you (even if not yours);

(b)any e-mail address you provide to us or our vendors/Lenders;

(c)automated dialer systems and automatic telephone dialing systems; and

(d)pre-recorded or artificial voice messages and other forms of communication.

8.5For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.

8.6You understand that once you submit a LAF on the Website, you will receive SMS messages from the Company on your registered mobile number. These messages could relate to your LAF, or any updates and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for the particular purpose.

8.7You hereby authorize the Company, its employees, agents and permitted third parties to contact you through telephone calls, SMS and such other means of communication and inform you about various

Company offers and other promotional schemes. You confirm that the laws in relation to the unsolicited communication referred in the “National Do Not Call Registry” (the “NDNC Registry”) as laid down by the Telecom Regulatory Authority of India will not be applicable for such

communication/calls/SMSes received from the Company described herein.

8.8You can update your mobile number and e-mail address stored with the Company by submitting a request through www.finomena.com or by emailing us at [email protected]


9.1In the event that you breach these Terms of Use or in the event that any other user or a third party reports violation of any of its rights as a result of your use of the Services, the Company reserves the right, to suspend or terminate your access to the Website with or without notice to you, and to exercise any other remedy available under the law.

9.2The Company shall have the right to indefinitely block your access to the Website if:

(a)if you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or

(b)if you provide any information that is untrue, inaccurate, not current or incomplete in any respect or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use.

9.3Upon suspension or termination, your right to avail of the Services on the Website shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to information shared or posted by you.


The Company reserves the right to make changes to our Website, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that you use the Website or at the time you make applications on our Website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.


You may not assign or otherwise transfer your rights or obligations under these Terms of Use. The Company may assign its rights and obligations under these Terms of Use without such assignment being considered a change to the Terms of Use and without any notice to you.

12.Disclaimer, Indemnity and Limitation of Liability.

12.1You expressly understand and agree that:

(a)It will be the sole responsibility of the user to ensure that the use of User Name, Password, PINs and one time password are kept confidential and not disclosed to any third party, including any representative of the Company, or its agents and shall take all possible care to prevent discovery of the User Name or Password by any person.

(b)The information, content and materials on this Website and / or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.

(c)Though the Company has taken proper care and precaution to make the Website reliable, the Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation, any third party sites or services linked to the Website and / or Services will be uninterrupted, timely or error-free, or that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components. The Company will not be held responsible for any liability that may arise out of any such error in the Website.

(d)Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

(e)You acknowledge that when you access a link that leaves the Website, the website you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other websites, you acknowledge that the Company is not responsible for those websites. The Company reserves the right to disable links from third- party websites to the Website, although the Company is under no obligation to do so.

(f)You hereby indemnify, defend, and hold the Company, the Company's shareholders, directors, affiliates, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, officers, directors, owners, employees, agents and representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of the Website.

(g)Certain services, such as retrieving user data from third party vendors and processing and attaching digital signatures to LAFs depends on continuous connection to the Website and third party servers. Company makes no assurance, representation, promise whatsoever that such connectivity will always be available.

(h)Company reserves the right to suspend these Services if in the Company’s opinion security of the Website or of the data could be compromised.

(i)You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Website and / or Services; or (iii) unauthorized access to or alteration of the users’ transmissions or data; (iv) statements or conduct of any third party on the Website and / or Services; or (v) any other matter relating to the Website and / or Services.

(j)The Company and the Company's shareholders, directors, affiliates, distributors, agents, representatives, employees and vendors be relieved of all of their responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, disruption in telephone lines and internet, overload of system capabilities, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither the Company nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the Website and / or Services and any other website, service, software or hardware, or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Website in an accurate or timely manner.


No term of these Terms of Use shall be deemed waived and no breach shall be excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to waive a breach under this Agreement, or waiver of a breach by you, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

14.Legal Effect.

Your consent to authenticate this Terms of Use by way of an electronic signature means that the Disclosures provided to you electronically by the Company shall have the same meaning and effect as if they were provided in paper form. Any text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online, shall have the same meaning and effect as if the Company had provided these Disclosures in paper form, regardless of whether you actually view those Disclosures.

15.Governing Law and Jurisdiction.

Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement,

interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Company’s platform or the service or information to which it

gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore3. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.


If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

17.Complete Understanding.

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.