Mindfin

Terms And Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.

Last updated: 22-03-2020

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as “IT Rules”) that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.mindfin.co.in which is inclusive of all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as the “Website” which expression shall include any successor or replacement Website). Your use of the Website is governed by the following terms and conditions as applicable to the Website (hereinafter referred to as “Terms“). These Terms shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In these Terms, you are contracting with Mindfin Ser Private Limited, a private limited company having its registered office at No 10, First Floor, Krishna Block, 1st Main Road, Seshadripuram, Bangalore Karnataka 560020 India (hereinafter referred to as the “Company” which expression unless the context otherwise require shall mean and include its successors and permitted assigns).

In using this Website you are deemed to have read and agreed to the rules, guidelines, policies, terms, and conditions applicable to such Website, and they shall be deemed to be incorporated into this Terms and shall be considered as part and parcel of these Terms. The following terminology applies to these Terms and Conditions, Privacy Policy, and any or all Agreements.

STATUS OF THE COMPANY AND YOU

The term ‘Mindfin Ser Private Limited‘ or the ‘Company’ or ‘us‘ or ‘we‘ or ‘our’ refers to the owner of the Website offering financial products provided by third party lenders (hereinafter referred to as “Service Providers”).

“You”, “your”, “yours” and “User” are references to you, a natural or legal person which unless the context otherwise require shall and include your legal heirs, receivers, successors, administrators and permitted assigns, accessing this Website.

These Terms, which together with our Privacy Policy govern your relationship with us in relation to this Website and the Services (defined below) access or use by you from India, when you browse the Website. The Company shall be entitled to add to, vary or amend any or all these Terms at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms on the Website on the date that the Company may indicate that such addition, variation or amendment is to come into effect. You are requested to check the Terms from time to time so that you are updated with our Terms.

CONTRACT BETWEEN THE COMPANY AND YOU

contract is between the Company and you which shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. This will be further subjected to terms and conditions of the agreement between the User and Service Providers (defined below). In the event of any conflict between the terms and conditions of specific Products (defined below) and these Terms, the terms and conditions specific to such Products shall prevail.

The Website enables Users to browse and connect with different Service Providers to understand and avail financial products (collectively, hereinafter referred to as “Products“) from such Service Providers (“Services”). The Company is not a financial institution (i.e. is not a bank, a lender or credit card issuer).

To subscribe to the Services through the Website, you must register for and maintain an active account which will be referred to as an “Account”. To obtain an Account, in case of an individual, you confirm that you have attained 18 years of age and understand the implications of these Terms and form a binding contract and requires you to submit certain information, such as the name, address, mobile number, age, bank account related information to the Company. In case of an entity including a company, limited liability partnership or sole proprietorship, Account registration requires you to submit certain information, such as the name, address, mobile phone number, bank account related information to the Company. Further, In order to use the Services on our Website, a User is required to submit the following documents:


• KYC Documents (as applicable);
• Permanent account number (“PAN”);
• Income tax returns for the financial year and Assessment year
• Bank statements;
• GST returns;
• Any other business / individual documents as may be required to assess your eligibility to the financial products being offered by our Service Providers on our Website.

(collectively referred to as the “Documents”).

All the information provided by an individual or an entity, including the Documents will be referred to as “User Information”. Additionally, all information pertaining to a specific individual or entity or to the identity of any individual or entity, including any details that may have been voluntarily provided by the User, whether to Unique Identification Authority of India (UIDAI), Credit Bureau or any other agency including any other Credit Information Companies or to our Service Providers will be included under the term “User Information”. We will only use your User Information in accordance with these Terms and our Privacy Policy.

Your use of the Services and the features may require the collection and transmission of User Information and Documents in order to provide you with the functionality of the Service. You authorise the Company to transmit your information to third party vendors or Service Providers in order to authenticate the information provided by the Users, process the data and check it against the eligibility criteria of the Service Providers or provide you with personalised rates, quotes and offers of Products. You understand and agree that the submission is in the form of an application of credit for a Service Provider’s Products. While making the application, you may also provide written instructions in accordance with applicable laws, for the Company, Service Providers or service providers to conduct a credit inquiry.

information provided by you may be checked by third party vendors or service providers including credit service organization for analytical purpose, central “Know Your Customer” data registries and other “Know Your Customer” repository services, data storage agencies which may be third party service providers that may check the information provided by you and: (i) verify that the information you provided is true and accurate, including the verification of your identity; (ii) assessing your credit history and credit score for the purpose of identifying products or services that you may be interested in or that you may prequalify for on an ongoing basis; and/or (iii) matching you with specific Products, other third parties and any Products, offers or promotions on an ongoing basis.

You agree to operate the Account as per the Terms. The Account must contain accurate, complete, and up-to-date information. You agree and understand that we shall not be liable for the authenticity of Account details provided by you. Failure to comply may result in your inability to access and use the Account or termination of these Terms with you.

All activities that occur under your Account are deemed as your activity. You agree to maintain the security and secrecy of your Account username and password at all times. You may possess only one Account, unless otherwise permitted in writing by the Company. The Website will not be responsible for any activity arising due to mishandling of your Account either by you or by any other person (owing to your negligence). You will notify us of any unauthorized access to your Account. The Company will not be liable for any losses caused by any unauthorised use of your Account.

If the Company has reason to believe that there is likelihood of a breach of security or misuse of the Website, we may require you to change your password for your Account or we may suspend your Account without any liability to us and without any prior notice to you. Without prejudice to the above, we reserve the right to recover from you any and all damages, losses or costs that are levied on or suffered by us or our Service Providers or our third party vendors due to misuse of your Account whether due to reasons attributable to you or not. We shall not be held liable in any manner whatsoever to anyone for any misuse of your Account by any person with or without your consent or authority.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the

SERVICES

The Website is a platform that connects Users with various Service Providers relating to the Products. The Website is not and cannot be a party to or control in any manner any interaction or transaction occurring between the User and the various Service Providers.

The various Service Providers providing the Products to the Website on an “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties for a particular Product or service.

NO RECOMMENDATION OR PROFESSIONAL ADVICE

We are not providing you any advice or recommendations about any specific Product or service. Instead, what we do is provide you as much information about the Products or services based on the information you provide to us or authorise us to get so that you can compare your options and make the right choices for yourself. We encourage you to seek advice from a financial professional or other professional who may have more information about your specific financial needs and circumstances. The User is advised to exercise due caution and/or seek independent advice before entering into any arrangement or financial obligation based on the Content contained on this Website.

Nothing provided on the Website or through our Services should be construed or interpreted as professional advice or recommendations (i.e. we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by Service Providers or other third parties you may link to from our Website. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the Products or services provided by Service Providers.

COMMUNICATION

By using this Website, you are consenting to us contacting you, using all channels of communication and for all purposes pertaining to these Terms. We will use the contact information, provided by you at the time of using this Website which is subject to the Privacy Policy. This consent applies even if you are being charged for the call under your call plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you. The User agrees that the Company might record any call or conversation, between the User and any representative of the Company for quality training and monitoring purposes. The User agrees to receive promotional communication and newsletters from the Company and its Service Providers.

This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The User can opt out from such communication and/or newsletters by placing a request for unsubscribing by sending an email to info@mindfin.co.in

ou 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 all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

PAYMENT

The Website does not charge any fee for browsing andrequesting for information on the Website. However, if any Services are availed on the Website i.e. the User receives any Products or services from the Service Providers or third party vendors on the Website, then the Company charges a specified amount from you for the Services being provided on its Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to the Company at time of payment of invoice. You also agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

The Website may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and the sellers and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

When any payment is being made on the Website, the Company shall not be responsible or liable whatsoever in respect of any loss or damage arising directly or indirectly to the User due to any lack of authorization for any transaction, unauthorized/illegal use of account, exceeding the pre-set limit mutually agreed by and between the User and the bank or any payment issues arising out of the said transaction. The processing of payments in connection with your use of the bank payment facilities will be subject to the terms, conditions and privacy policies of such payment facilitators and the Company shall not be liable or responsible for any activities that you undertake with the bank or payment facilitators.

ACCOUNTS, OFFERS AND PROMOTIONS

The Company reserves the right to collect your data including name, contact information and other details to facilitate services. All information collected from you is on a bonafide basis.

Misrepresentation of identity or contact details by you will lead to automated termination of services without prior notice to you.

Your accounts bearing contact number and email IDs are created and owned by the Company.

In case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. The Company reserves the full discretion to suspend your account in the above event and does not have the liability to share any account information whatsoever.

The Company, at its sole discretion, may make available offers and promotions with different features to you.

NOTICES

Unless otherwise provided herein, all legal notices or other communications under or in connection with these Terms shall be given in writing and may be sent by personal delivery or post or courier or email. Any such notice or other communication will be deemed to be effective, if sent by post or courier, when received by the Party to whom it is addressed and if through email, on receipt of a confirmation from the email address info@mindfin.co.in

The address referred to hereinabove are:

No 10, First Floor, Krishna Block, 1st Main Road, Seshadripuram, Bangalore Karnataka 560020 India

TERMINATION

Most content and some of the features on the Website are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular you without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Website. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to you, or to change any of the features or introduce new features without prior notice. You agree and understand that the Company shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.

APPLICABLE LAWS

The laws of the India, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of the Website or these Terms, you agree to file such action only in the courts located in Bengaluru, India. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement.

FEEDBACK

Your feedback makes us better; please feel free to share it with us. By submitting feedback, you confirm that you have no objection in the content of the testimonial and your identity details, including but not limited to your name, designation and the company you work for, being used for business promotion by advertisement, web or such other form of advertising methods and techniques. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Mindfin Ser Private Limited programs.

TERMINATION

Most content and some of the features on the Website are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular you without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Website. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to you, or to change any of the features or introduce new features without prior notice. You agree and understand that the Company shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.

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