TERMS AND CONDITIONS
1) BACKGROUND:
These Terms and Conditions apply to the “User” (hereinafter, “You” or “Your” or “User”), who accesses and uses “ASSURED SUM FINANCIAL SOLUTIONS PRIVATE LIMITED” (hereinafter referred to as “We” or “Us” or “Our” or the “Company”) website and/ or mobile application (hereinafter collectively be referred to as “Platform”). To avoid ambiguity, the term “User” shall mean any person who is using our Platform irrespective of whether they are availing any services or not. The term “User” includes, but is not limited to consumers, customers, financial institutions, lenders, borrowers, regulated entities, third parties, and other partners.
By accessing or using Our Platform or while availing any of the services provided by Us, You hereby agree that You shall be bound by these terms and conditions and the Privacy Policy and that You have read, acknowledged, understood, and agreed to abide by the terms and conditions stated under this Terms and Conditions and the Privacy Policy. Additionally, You shall also be subject to all other applicable rules, guidelines, policies, terms, and conditions as maybe framed or intimated at any point of time. These terms and conditions read along with Our Privacy Policy describe Our relationship with You and shall be read in conjunction.
2) ABOUT US:
We are a Company incorporated under the provisions of the Companies Act, 2013 having its registered office at 3rd Floor, Plot 208, Kavuri Hills, Madhapur, Shaikpet, Hyderabad-500081, Telangana, India.
We are engaged in the business of providing services related to management consultancy and loan facilitation amongst others. We act as facilitators between the customers of the Developer to obtain home loans in relation to the proposed purchase of the immovable Properties developed by the Developer. Our motive is to provide a common Platform for both the Lender and the Borrower for a hassle-free and time-valued experience.
We neither hold any requisite license, permission or any approval to carry on any activities relating to lending or borrowing nor are registered with the Reserve Bank of India (“RBI”). The Company also states that it is not a Bank or a Financial Institution or a Non-Banking Finance Company under the Companies Act, 2013, the Banking Regulation Act, 1949 or any other laws of India thus the Company is not engaged in any type of lending directly or indirectly in any manner whatsoever and the Company does not have any plans or intention to undertake any form of borrowing or lending. The Company is only a direct selling agent and is authorized by various banks, NBFCs, financial institutions, etc., to act as their representative while reaching out to the prospecting customers.
3)CREATION OF ACCOUNT, USAGE OF PLATFORM AND SERVICES:
To access Our Services, You will have to first register on Our Platform and create an account by providing the requisite information as maybe sought. Thereafter, You will be provided with a unique Login ID and Password via e-mail ID or/ or phone number provided at the time of registration. Once Your account is successfully created, You can access Your account at any time thereafter using the login credentials. You are responsible for maintaining the confidentiality of Your login details and secure access credentials associated with Your account.
Your account solely belongs to You and You shall not allow anyone else to access and use Your account. In case, You do so, You shall be solely responsible and liable for all the acts and deeds committed by such person. We request You not disclose Your credentials to anybody and maintain utmost security from Your end and if any time it appears to You that someone is accessing or using Your account without Your authorization, You are requested to intimate the same to Us at the earliest possible but not later than Twenty-four (24) hours. If the need arises, Your account may temporarily be blocked by Us to inquire and restrict further misuse of Your account.
By using Our Platform, You affirm that the information You provide to Us is accurate, truthful, complete, and up-to-date. You agree not to misrepresent Your identity and commit to maintaining accurate account information. You understand and acknowledge that it is Your responsibility to provide correct information and We shall not be liable to check the accuracy of such information. You shall be responsible for taking all care and caution to ensure that there are no mistakes and errors and that the information shared by You is error-free, accurate, proper and complete at all points in time. In case it appears to Us that You have shared inaccurate or untrue information, We reserve the right to suspend, terminate, block or restrict You from using Our Platform.
You hereby further agree that You are allowed to use and access Our Platform for limited Purposes such as:
i) to avail Our Services;
ii) to view and read the content available on Our Platform;
iii) to download the documents available for downloading;
iv) to access Our contact details to reach out to Us;
You may only use Our Platform for the purpose covered hereinabove in this Clause and not for any other purpose. Except as expressly permitted in this Clause or the other provisions of these terms and conditions, You are not allowed to edit, modify or download any material, content, information, etc. from Our Platform.
You hereby agree that We are only facilitators and shall not be liable for sharing any documents during the loan processing. It shall be Your responsibility to get all the loan-related documents from the Lenders/ Service Providers.
You hereby agree that the Company reserves the right to accept or reject Your registration for the Services without providing any reasons thereof.
4) FEES AND PAYMENTS:
We may levy fees on the User for accessing/using our Platform and availing service benefits from Us as may be intimated to you. This fee may or may not be refundable and it is solely Our discretion. The amount of the fees for availing of Our Service and the modes for payment shall be shared with You at the time of confirmation. Further, we shall not be responsible for providing the service or refunding the Fees paid by You in case we do not receive the same due to any technical error including but not limited to transaction errors, network disruption, or any other technical issues. Note that, the charges collected from telecom service providers/ SMS, data charges or network operators are separately charged and shall be borne by You.
You hereby consent that the Company shall be entitled to make any adjustment, set off or withhold any amount due to You by Us against any money which becomes due or payable to Us by You, either on account of damages, loss or costs, expenses incurred or any amount paid by Us to any third party or any statutory authorities due to Your breach of these terms and conditions.
You hereby agree that You shall be liable to pay all the applicable taxes, duties, charges, cess, etc., and shall be responsible for complying with all the applicable laws in this regard including but not limited to depositing the relevant taxes, duties, charges, cess, etc., with the relevant authority(ies).
5)PLATFORM INFORMATION AND SERVICES:
The information available on this Platform is only for Your reference purposes, and we do not warranty or guarantee with regards to completeness and accuracy. We will ensure to provide You with the services on Our Platform 24/7 . However, even after reasonable efforts the Platform may not be available at all times due to maintenance activity (for which due notice will be sent to You) or due to any other cause beyond Our reasonable control (for which prior intimation may not be possible to be served).
6) THIRD–PARTY LINKS:
Any external links provided on Our Platform are only for Your reference and we do not have any control over the information available on such third-party(ies) Platforms. We make no representation, warranties or endorsement whatever about other Platforms to which You may have access through Our Platform. In case You press any link available on Our Platform and if You provide any of Your Information to such third parties, please be aware in such scenarios terms and conditions stated herein will no longer be applicable. We will not be liable for any acts or omissions of the third party(ies) and You hereby agree that You shall be personally liable and responsible while using or accessing the third party’s Platform.
7) REPRESENTATION AND WARRANTIES:
While accessing or using Our Platform, You hereby represent and warrant that:
- You are duly organized and validly existing in accordance with the Indian Laws and/ or its subsequent amendments and enactments and have the power and authority to do all things necessary to consummate the transactions contemplated by these terms and conditions. You have all the corporate power and authority to enter into, perform and deliver, and have taken all necessary actions to authorize its entry into, performance and delivery of these terms and conditions;
- You will access or use this Platform only for lawful purposes;
- You will not infringe the rights of any third party(ies);
- You not instigate anyone to access or use this Platform to commit any unlawful or improper act/activities that may result in violation of any applicable laws or these terms and conditions;
- You will to provide true, accurate, complete information of Yours,
- You will voluntarily update Us in case of any change, alteration, or modification in any of the information already provided to Us;
- You will not attempt to modify, alter, tamper, or reverse-engineer any part of this Platform or attempt to re-format or change the sequence of the pages available on the Platform.
- You will not breach any of the terms stated under these terms and conditions or the terms stated in any other Agreement of Us to which You have agreed.
- You will provide only that information which belongs or indicates to You, and will not provide the information:
a) that belongs to any other person, provided such information may be shared on the request made by Us for the discharge of our service.
b) that impersonates others.
c) that infringes the Intellectual Property Rights of others.
d) that is harmful, harassing, offensive, hateful, racially, ethnically objectionable, contains obscene and pornographic, or is unlawful as per the applicable governing laws.
e) that contains the computer code, which may result in the interruption, functionality of Our Platform or any other software viruses that may be harmful to Our Platform.
f) any other information that may cause damage to Our Platform or goodwill.
8. TERM AND TERMINATION
These terms and conditions will be effective upon You visit to Our Platform. These terms and conditions shall also be valid from the date of creation of Your account until Your account is removed/ deleted.
We reserve Our right to terminate, suspend or revoke the use of Our Services or access to Our Platform at Our sole and absolute discretion without giving any prior intimation or reasons thereof.
9) WITHDRAWAL OF CONSENT
If at any point in time, You want to withdraw the consent provided, You may reach out to Our Grievance Officer. You hereby also agree that We reserve the right to stop providing Our services once the consent is withdrawn.
10) INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” shall mean all Intellectual Property Rights (“IPR”) including but not restricted to patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
It is hereby informed that any work that is related to Our IPRs shall be protected under the applicable laws. Any unique symbol, logo or mark available on Our Platform, shall be considered as Our Property and shall be protected under the applicable laws. Any other material/ property that is not mentioned herein but belongs to Us and is available on our Platform shall also be protected under the applicable laws. You shall not take any action that jeopardizes or could jeopardize Our IPR or acquire any right over our Platform
Any information that is provided to Us in the form of feedback, ideas, customer information comments, or suggestions whether concerning Our Intellectual Property Rights or anything else shall also be Our Property. This Property assignment shall be unconditional, royalty-free, perpetual basis and irrevocable. In case, such an assignment is prohibited by the law then the customer shall grant an exclusive right and royalty-free, paid-up license including the right to sub-license.
11. MISCELLANEOUS:
Applicability: It is hereby informed that even if You are a mere Visitor and not availing any services from Us, You will still be bound to comply with these terms and conditions to the extent applicable.
Incapacity of a person: If You are incapacitated to contract as per the applicable provisions in the jurisdiction in which You reside, You may use Our Platform with the consent of Your Legal Guardian. In any case, We shall not be liable for any cause of action that arose due to non-compliance with this clause.
Anti-bribery and Ant-corruption: You commit to adhering to all relevant anti-bribery and anti-corruption laws, which prohibit individuals associated with or acting on Your behalf from engaging in actions such as giving, offering, promising, receiving, or accepting anything of value to influence or induce payments, gifts, hospitality, or other benefits. This applies to dealings with government officials, public servants, regulatory bodies, judicial authorities, individuals in positions of authority, elected or electoral candidates, political parties, or their office bearers, whether within the country or abroad. The term “government officials” encompasses government employees, candidates for public office, employees of government-owned or government-controlled entities, individuals associated with public international organizations, and political parties. Moreover, You agree not to provide, offer, pay, promise, or authorize the giving or paying of anything of value, directly or indirectly, to anyone to influence decisions or secure favourable actions in Your favor.
Independent Parties: Both Parties are independent contractors under these terms and conditions. Nothing herein contained shall be deemed to create an employment, agency, joint venture, or partnership relationship between the Parties hereto or any of their agents or employees, or any other legal arrangement that would impose liability upon one Party for the act or failure to act of the other Party. Neither Party shall have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, the other Party, or to bind the other Party in any respect whatsoever.
Indemnity: You hereby agree to indemnify, defend and hold Us, Our members, officers, and employees (hereinafter to be referred to as an “Indemnified Party”) harmless from and against claims, demands, actions, liabilities, costs, interest, damages, and expenses of any nature whatsoever (including all legal and other costs, charges and expenses) incurred or suffered by the Indemnified Party, arising out of any: (a) any wrongful or negligent act or omission of Yours; (b) any breach of Your obligations, undertakings, representations, warranties or covenants under these terms and conditions; (c) any breach of applicable law, rules, regulations, legal requirements by You; (d) infringement of any of IPR rights of a third party; (e) any third party action or claim made against the Indemnified Party, because of any actions are undertaken/ omission to take any action by You under these terms and conditions; (f) misuse of Our Platform by You; or (g) if You provide improper, inaccurate, untrue, or fraudulent information on the Platform; or (h) if You misuse any of the information that is available on Our Platform. The rights, powers, privileges, and remedies provided in this Clause are cumulative and not exclusive of any rights, powers, privileges, or remedies provided by law.
Liability Limitation: In no event we shall be liable for any loss, damages, incidental, or consequential damages, or damages for loss of profits, or revenue, incurred by You or any third party, arising out of these terms and conditions or concerning performance or nonperformance of these terms and conditions by Us (including its affiliates and Representatives) or the Use of this Platform whether in contract, action or tort, directly or indirectly irrespective of whether You were advised of the possibility of such damages or not.
Warranties: We do not warranty or guarantee the services offered by the Lending Partners through Our Platform. Your usage of the services provided by the Lending Partners must adhere to the terms and conditions, policies, and agreements established between You and the respective Lending Partners. Moreover, We do not assure the accuracy, reliability, completeness, validity, and/or timeliness of any content, information, software, text, graphics, links, or communications provided by the Lending Partners through Our Platform.
Modification: We reserve the right to alter, modify, change, insert, and amend these terms and conditions or any other Information, material, content etc., available on Our Platform from time to time as deemed fit to Us. Please note that We are not obliged to send any prior notice to You. However, We encourage You to go through these terms and conditions and Our Platform periodically. If You avail any of the services provided by Us after the alteration, amendments, insertion, and modification, it is implied that we obtain Your consent/acceptance for the updated terms and conditions or any revision of other Information, material, content etc., available on Our Platform.
Information collection and Communication: You are hereby informed that we may communicate with You at any point in time in connection with the services provided by Us or for technical issues or payments due or for any other reason. We may collect information that You submit to Us on Our Platform in the form of comments, messages, reviews, ratings, feedback, information about searches, and details of Your visit to Our Platform. We may use different platforms to communicate with You including but not limited to SMS, Phone calls, Social Media platforms, emails, postal, etc. Note that, You have agreed and provided Us (including but not limited to, employees and partners), and third party(ies) the consent to reach out to You, therefore any communications made to You shall not fall under the ambit of the unsolicited communications referred under “National Do Not Call Registry” of Telecom Regulatory Authority of India.
Force Majeure – In the event of any failure, interruption, or delay in the performance of obligations resulting from the occurrence of a Force Majeure Event, neither party shall be liable or have any responsibility of any kind for any loss or damage incurred or suffered by the other as a result of such failure, interruption or delay. For the Purpose of these terms and conditions “Force Majeure Event” shall include the following events, where such events impact the ability of either Party to fulfil their obligations under this Agreement, which includes wars, riots, embargoes, government actions, fire, earthquakes, storms, lightning, floods, epidemics, pandemic, lockdown imposed by the Government or other Acts of God beyond the reasonable control of a Party.
Governing Law and Jurisdiction: These terms and conditions shall be governed in accordance with the Laws of India and the courts/ tribunals situated in Hyderabad, Telangana, India, shall have exclusive jurisdiction in this regard.
Severability: The provisions contained in these terms and conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the other provisions are invalid. If any of those provisions are void but would be valid if some parts of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
Waiver: No failure or delay by Us in exercising any right, power, or remedy under these terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by Us of any breach of any provision of these terms and conditions shall be deemed to be a waiver of any subsequent breach of that or any other provision of these terms and conditions.
Notice: Any notice or other communication under these terms and conditions may be sent through registered mail, or courier service, or e-mail ID as mentioned hereinunder of the Grievance Officer. Any such notice, etc. shall be deemed given when delivered or refused or when delivery is attempted on a business day.
Grievance Officer: In the event of any grievances or queries or questions, You may contact Our grievance officer either through email or the phone number provided hereinbelow. Our Grievance Officer will attempt to redress Your grievances or answer Your queries and questions at the earliest possible.
Name: Nanda
Destination: Operation Head
Phone Number: 8019 51 4585
E-mail ID: support@assuredsum.com
Address :3rd Floor, Plot 208, Kavuri Hills Road, Madhapur, Hyderabad, 500081