Terms of Use
This Terms of Use Agreement (“TOU/ Agreement )sets
out the terms and conditions which will be applicable for the access and usage of the our
website
www.erb.ai (hereinafter referred as “Website ), which is
operated and managed by the Marketing and Legal team of E-Revbay Private Limited
(hereinafter collectively referred to as “Company / “ERB )
incorporated under the Companies Act, 2013.
The agreement is an electronic record in accordance with the Information
Technology Act, 2000 and it does not require any physical/digital signature. This agreement
is published in accordance with the provisions of Rule 3 of the Information Technology
(Intermediaries guidelines) 2011.
By accessing this website or registering information by the user on the website, the users hereby agree to be bound by this Agreement of “Terms of Use . This Agreement describes that the relationship between the Company and User will be subject to guidelines, policies, terms and conditions applicable to any specific service that is provided by this website and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement. These Terms also apply to any and all online resources, materials, download areas, tools provided on the ERB Website, including without limitation, blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums ), both now and in the future. ERB may also publish medium-specific terms of use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.
The users are requested to visit the website and review the most updated version of Agreement. The Company reserves the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and the same shall be deemed to be reviewed and accepted by the User of this website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINDED HEREUNDER.
1. Description and Acceptance of Services
The Company through its website offers Users to access information primarily about certain financial products/services including but not restricted to loan facility, credit card facility, investment services such as Fixed Deposits and mutual funds (collectively referred as “Services ). ERB provides Loan, Credit cards facility, fixed deposits along with Investment services relating to Mutual Funds. Further, the company may provide third party services like credit check services and any other services to retrieve and use your information through third party sites viz Bank sites. The said services as mentioned above are provided on commercially reasonably effort basis and the user hereby agrees that user's participation for availing the above-mentioned services is purely as user's will and consent.
The continued usage of the services and website from time to time by
the user would constitute acceptance of the Agreement including any
modification/update/change thereof and user would be bound by this Agreement until this
Agreement is terminated as per provisions defined therein.
The user hereby agrees and authorize the Company to share User's information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide users with various value added services, in association with the Services selected by you or otherwise. The user agrees to receive communications through emails, telephone, mobile and/or SMS from the Company or its third-party vendor/ Business partner/ Marketing affiliates regarding the services, updates, information/ promotional emails and/or product announcements. Thus, in the same regard User agrees and consents to receive all communications at the mobile number/ email provided by the User, even though the number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Company to share/disclose the information to any third party service provider or any affiliate, its group companies, authorized agents.
Company will retain and utilize the User's information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
2. Permission/License and Website Access
The user hereby acknowledges and agree that the Company possesses all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (registered or not). User further acknowledges that the said services by the company may contain some information that are of confidential nature and the User shall not disclose such information without the prior consent from the Company.
Further all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, and arrangement of such content contained on the ERB Website (hereinafter, the “Content ) its “look, layout and fee (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material trade names, trademarks, service marks, logos, domain names, other distinctive brand elements, whether registered or not, are owned, controlled or licensed by or to ERB, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition law are protected by intellectual property laws (the “Intellectual Property laws ).
Company through this Agreement grants limited license to access and make use of
the website and Company's services. The said license is not inclusive of any downloading or
copying of any information for the benefit of another individual, partner/ vendor or any
other third party or to create any work in attempt to discover any source code, assign,
sell, sublicense, grant security license interest in or otherwise transfer any right in the
services. Unauthorized usage in any manner by the User shall lead to termination of the
permission of license granted to the User. The Company reserves the right to take
appropriate action under Law against any such unauthorized usage.
By making use of the website the User hereby agrees not to do the followings: -
The User shall not use the Website, Content or Online Mediums or any Intellectual Property for any purpose or in any manner that infringes the rights of any third parties. Any Copyright infringement of any content on the ERB Websites that the User believes infringes the copyright or any other Complaints should be reported to the Grievance officer of the Company.
3. Privacy Policy
By using the Website, User hereby grants consent to the use of his/her information. The User's information shall be used by the Company in the course of business. Further the KYC documents uploaded by the User shall remain with the Company in its database and shall be strictly used for business purposes only. The Company does not provide any guarantee for the grant of Loan/ credit card/ Mutual funds and other products. The company hereby acting in middleman capacity are under no compulsion to accept any liability for the grant/approval of any of its services as the same are subject to compliance with the Bank's policy, Banking regulation and RBI's rules in this regard. Also the said services are subject to final approval from the Bank personnel.
The Company in no case to be held liable/accountable for any rejection of the services.
4. Your Registration/Account
By using this website, the User agrees that he/she is the person of legal age and capable of entering into a contract/agreement and not disqualified under any laws of India or other applicable jurisdiction. Further the User consents that he/she will use the website to make legitimate purchases and will not do any acts which are illegal in nature.
The User hereby agrees that the sole responsibility to maintain the confidentiality of the password along with the Login ID will be of the User. The Mobile number or any contact information provided shall be linked with the Login ID and together all the mentioned contents constitute “Registered Information of the User. The User further agrees through this agreement that sole responsibility of the activities done through the Registered account of the User shall be of the User the only. It is hereby advised that Users shall always Log out from their respective accounts at the end of each session/Login. The User agrees to notify the Company in case of any unauthorized access, discrepancies or breach of security and it is further agreed that the Company shall not be held liable for any unauthorized access or usage thereby unless proved that such act has been committed from company or by any personnel thereon.
The User under this agreement is bound to provide the correct, accurate and
complete information and shall further inform any change/ modification/ update in the
registered information in order to make us available with the up to date information. The
User shall be solely responsible for any incorrect, wrong, misleading information
given/delivered to the Company. The User agrees that he/she will not make an any unlawful
attempt to access the website.
Access to and use of password protected areas of the ERB Website is restricted to authorized users only. The User agrees that:
5. Customer Due Diligence requirements (CDD)
The User hereby agrees and acknowledges that the Company may
undertake Due Diligence process and would make use of the information provided by the User
for KYC purpose and the User being a customer is under obligation to provide the same. The
company may utilize the information which is enough to comply with the Prevention of Money
Laundering Act, rules and regulations and to facilitate the product requirements.
6. Eligibility
User declares and confirm that he/she is a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the Company.
7. Submitted Content
The User while submitting the documents through this web site agrees that the User shall be solely responsible for the contents posted/uploaded. The content submitted/ uploaded gives the Company a non-terminable, irrevocable, royalty free, worldwide, perpetual and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works and sublicense such materials or any part of such content submitted or any part thereof. The Users are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. Any harm to the website from the documents submitted/uploaded by the User shall be responsibility of the User and the User will be liable to compensate for the same.
8. Disclaimer of Warranty
Prices for Products available on our Website and are incorporated into this TOUs by reference. All prices, whether specified or not, are in Indian rupees. Prices, Products and Services are offered by the Company's business partners and may change in accordance with the brand guidelines or other terms and conditions applicable to each of the business partners of ERB. In some case Services and prices are offered by the Company itself and it reserves the right to modify the use and prices of such Services. User further undertake that by initiating a transaction, User are entering into a legally binding and enforceable contract with these business partners of the Company, to purchase the products or avail the services using such payment facilities as may be permitted by applicable laws and as may be accepted by the Company.
The Company does not charge any registration/membership or browsing fee. However, the
Company reserves the absolute right to charge any fee for registration/ membership or
browsing fee at any time. All such fees that the Company may charge will be intimated to the
users and such change shall automatically become effective immediately after they are posted
on the Website. All such fees charged by the Company shall be in Indian Rupees. The
continued use of the Company shall be deemed as an acceptance of the amended terms of the
TOU.
The Company may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between User, ERB and its business partners, as the case may be. The Company shall initiate the remittance of the payments made by User and the date of completion of transaction shall be after the products are delivered to the User or after the Services are rendered to User and such other additional time as may be agreed between Website and its business partners, as the case may be.
While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:
1. Lack of authorization for any transaction/s, or
2. Any payment issues arising out of the transaction, or
3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
4. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of User transaction.
Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
User hereby agree to provide accurate information, such as credit/debit information for purchasing any Service or product on or through the Website. User further warrant that he/she shall not use payment information or instrument that is not lawfully owned by them. In addition to this TOUs, the terms and conditions of the bank or other financial institution shall also be applicable to every user. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.
ERB may in its sole discretion impose limits on the number of transactions which an individual holding a financial instrument may use for payment for products or services. Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by User that have incurred questionable charges and amounts.
ERB is merely a facilitator for providing you with payment channels through automated online electronic payments (either itself or through its payment gateway service providers), cash on delivery, collection and remittance facility for the payment of products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
ERB shall not be held responsible and shall bear no liability in case of failure or delay of delivering the products or services including any damage or loss caused to User due to such delay. No deliveries of the products/services shall be made outside the territorial boundaries of India.
9. Limitation of Liability
The Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) hereby states through this agreement that it shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.
Notwithstanding the above, if the Company is found liable for any
proven and actual loss or damage which arises out of or in any way connected with any of the
occurrences described above, then User agree that the liability of Company shall be
restricted to, in the aggregate, any Service/transactional fees paid by you to the Company
in connection with such transaction(s)/ Services on this Website, if applicable.
10. Indemnity
You agree to indemnify and hold Company (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Website.
User shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services. User agree to defend, indemnify, and hold harmless the Release from and against any and all Losses resulting from claims made against the Company by third parties arising from and in connection with this Authorization.
13. Additional Terms and Conditions
Company reserves the right to make changes to the Website, related policies and agreements, this TOU and the Privacy Policy at any time as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company re-organization, market practice or customer requirements. Upon any change, Company will notify the updated Terms on the Website or other means. Your continued use of the Services and ancillary services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If User does not agree to the changes, he/she may please discontinue the use of the Services and ancillary Services.
The Company reserves the right to revise and update this Privacy Policy at any time without expressly informing the Information Providers. Any such revisions will be effective on and from the date of posting the same to the intranet/internet website of the Company, and will apply to all information collected both prior to and following the effective date. You should visit the website and intranet periodically to review the current policies with regard to Sensitive Personal Information. Use of the website of the Company/intranet following any such revisions will be deemed acceptance by the Information Providers of such revisions.
Company reserves the right to discontinue or suspend, temporarily or permanently, the Services by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. User agree that Company will not be liable to any User in any manner whatsoever for any modification or discontinuance of the Services.
Company may, from time to time, announce certain offers with intent to promote its Website and/or Services (“Promotional Offer/s ). The Promotional Offer(s) would always be governed by this TOU plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these TOU, to the extent they may be in conflict with these Terms. Company reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
The website may contain links to other sites including social media sites, whose information practices may be different from the Company. The User should read such third party's websites privacy notices and Company does not control those sites or their privacy practices. The Company do not endorse or make any representations about third-party websites
14.Right to opt out and withdrawal
The Users Personal Identification Information is stored in databases located at India and on the servers of the cloud-based database management services that the Company engages.
The Company shall retain the users Personal Information pursuant to the business purposes and in line with our retention policies.
The Company respects the Users privacy considerations and hence provides the user has an option to refuse to provide your Personally Identifiable Information or information sought to be collected.
The User also have the option to subscribe/opt-in to receive newsletters, new alerts and marketing content. The User can always opt-out of such options by writing to support@finqy.ai or click the “unsubscribe link at the bottom of an email newsletter received by you from us. The Company shall adhere to your preferences.
15. General
The Terms constitute the entire agreement between you and ERB Website relating to your use of and access to the Website and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so called “third party stipulations and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and ERB.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOU and the relationship between you and Company will be governed by the laws of the India without regard to its conflict of law provisions.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and User, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The Website specifically prohibits User from usage of any of its Services in countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction. The failure of Company to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This TOU constitutes the entire agreement between User and Company and governs use of the Website, superseding any prior agreements between User and Company with respect to the Website.
16. Cookies and other technologies
Our website uses cookies. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that website can remember who you are.
16. Our commitment to security
The Company utilizes appropriate physical, technical and administrative procedures to safeguard the information they collect. The Company takes reasonable steps to ensure that all dealings in personally identifiable information is processed fairly & lawfully after receiving consent of the information provider. The Company may retain the Users personally identifiable information as long as there is a business requirement, or if otherwise required under applicable laws.
17. Grievance Redressal
Any grievance or complaint, in relation to processing of information, should be sent to the Company in writing to following contact email ID. Grievance shall be redressed as expeditiously as possible.
The details of the Grievance Officer are as follows:
Name of Grievance officer:
Email: support@finqy.ai
Address - 604, Vihaan Commercial,
Near Jawahar Nagar fatak,
Opp.Nutan Chemical Compound,
Walbhat Road, Goregaon East,
Mumbai - 400063