This Agreement sets forth the terms and conditions that apply to the access and use of the Website "www.smallborrowing.com" (referred to as "Website"), which is owned and operated by Small Borrowings, a proprietary firm. (hereinafter be referred to as "Firm")
This document/agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website.
Be sure to return to this page periodically to review the most current version of the TOU. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified TOU.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND FIRM FOR THE PURPOSE AS DEFINDED HEREUNDER.
1. Description and Acceptance of Services
Firm, hereby offers you with access to information primarily about certain financial products/services including, but not restricted, to loan facility. (the "Services"). The Website provides information about loan facility. In addition, Firm may provide third party any other services to retrieve and use your information through third party sites provided on a commercially reasonably effort basis and you agree that your participation for availing the above mentioned services is purely at your will and consent.
Your continued usage of the Services and ancillary services from time to time would also constitute acceptance of the Terms including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated.
You agree and authorize Firm to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services and/or to similar services to provide you with various value added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or sms, from the Firm or its third party vendors/business partners regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Firm to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.
Firm will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
2. License and Website Access
You acknowledge and agree that Firm owns all legal right, title and interest in and to the Services, (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Firm and that you shall not disclose such information without Firm`s prior written consent. The contents of the Website, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are owned/licensed by/to Firm and may duly protected by them under applicable copyright, trademark and other laws.
Firm grants you a limited license to access and make use of the Website and the Services. This license does not include any downloading or copying of any kind of information for the benefit of another individual or any other third party or to create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Any unauthorized use by you shall terminate the permission or license granted to you.
By using the Website you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or restrict or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
4. Your Registration
You further agree that Firm shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Firm.
You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by or through Firm. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services. Additional terms and conditions will apply to your services that you select.
5. Customer Due Diligence requirements (CDD)
You agree and acknowledge that, Our Firm may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of loan requirements in accordance with applicable Act and rules. Our Firm may obtain sufficient information to establish, to its satisfaction, the identity of each new customer, and the purpose of the intended nature of relationship between you and the Firm. You agree and acknowledge that Our Firm can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable Act and rules.
You declare and confirm that you are 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 herein via this.
7. Submitted Content
By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Firm shall not be responsible for any content you make available on or through the Website. At Firm`s sole discretion, such content may be included in the Service (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant Firm a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You 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. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
8. Third Party Links/Offers
This Website or third parties may provide links to other websites or resources. Because Firm has no control over such sites and resources, you acknowledge and agree that Firm is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and Firm will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
9. Disclaimer of Warranty
You expressly understand and agree that your use of the Services and all information, products and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services and ancillary services are provided on an "as is" and "as available" basis. Firm makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.
Firm and its service providers expressly disclaim all warranties of any kind as to the Services, and all information, products, services and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Firm and its service providers make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.
10. Limitation of Liability
You expressly understand and agree that Firm (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) 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 Firm 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.
If, despite the limitation above, Firm 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 you agree that the liability of Firm shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Firm in connection with such transaction(s) on this Website, if applicable.
The Website may provide links to other third party websites. However, since Firm has no control over such third party websites, you acknowledge and agree that under no circumstances shall Firm be liable for your using the services offered or provided by any third party service provider.
You agree to indemnify and hold Firm (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.
12. Additional Terms and Conditions
You agree that Firm will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
Firm may, from time to time, announce certain offers with intent to promote its Website and/or Services/ ancillary services (Promotional Offers). The Promotional Offer(s) would always be governed by these 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. Firm reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
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 parties 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 Firm 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 by Firm, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. The venue for arbitration shall be Navi Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English and binding on all the parties. The Website specifically prohibits you from usage of any of its Services in any 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 Navi Mumbai having exclusive jurisdiction. The failure of Firm to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This TOU constitutes the entire agreement between you and Firm and governs your use of the Website, superseding any prior agreements between you and Firm with respect to the Website.