Terms & Conditions
Table of Contents
1. | INTRODUCTION |
2. | SERVICE |
3. | ELIGIBILITY TO USE |
4. | USER ACCOUNT,PASSWORD AND SECURITY |
5. | USER ACKNOWLEDGEMENTS AND AFFIRMATIONS |
6. | RESTRICTIONS ON USE |
7. | COMPLIANCE WITH THE THE TERMS |
8. | USING OF INFORMATION AND MATERIALS |
9. | INDICATIVE LOANS |
10. | CONSEQUENCES OF AN EVENT IF DEFAULT |
11. | EQUIPMENT |
12. | INTELLECTUAL PROPERTY RIGHTS |
13. | LIMITED USE |
14. | LINKED WEBSITES |
15. | DATA PROTECTION |
16. | REFUND AND CANCELLATION POLICY |
17. | DISCLAIMER OF WARRANTY ; LIMITATION OF LIABILITY; INDEMNITY |
18. | GOVERNING LAW AND JURISDICTION |
19. | DETAILS OF GRIEVANCE REDRESSAL OFFICER |
20. | BREACH OF TERMS |
21. | SUSPENSION AND TERMINATION |
1. Introduction
PLEASE READ THE TERMS AND CONDITIONS (“TERMS” or “T&C”) CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE USER (“USER”, “YOU, “YOUR”, “YOURSELF”), AND Udhyam Financial Services Private Limited(“UFS”) AND ALL ITS SUBSIDIARIES, GROUP COMPANIES AND PERMITTED ASSIGNS ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THIS WEBSITE AND MOBILE APPLICATION (“WEBSITE”) AND ALL SERVICES MAY BE USED/ACCESSED.
YOU UNDERSTAND THAT THE ACCESS TO THE WEBSITE AND THE OFFER OF SERVICES BY UFS ON THE WEBSITE IS CONDITIONAL UPON YOUR UNCONDITIONAL AND IRREVOCABLE CONSENT AND ACCEPTANCE OF ALL THE TERMS, CONDITIONS AND OBLIGATIONS CONTAINED HEREIN (AS MAY BE AMENDED FROM TIME TO TIME). UFS RETAINS AN UNCONDITIONAL RIGHT TO MODIFY OR AMEND THESE TERMS AT ANY TIME AND NOTIFY YOU OF THE SAME THROUGH THIS WEBSITE YOUR CONTINUED USAGE OF THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE AMENDED TERMS.
IN THE EVENT YOU DO NOT AGREE WITH THE T&C OR ANY PART THEREOF, YOU SHOULD NOT ACCESS THE WEBSITE OR AVAIL THE SERVICES AVAILABLE ON THE WEBSITE. THE T&C CONTAINED HEREIN (ALONG WITH ANY LOAN DOCUMENTS AND SANCTION LETTERS) EXPRESSLY SUPERSEDES ALL PRIOR AGREEMENTS OR ARRANGEMENTS BETWEEN YOU AND UFS IN RELATION TO THE BROWSING OR USAGE OF THE WEBSITE.
IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS OF SPECIFIC PRODUCTS AND SERVICES AND THESE TERMS AND CONDITIONS, THE CONDITIONS SPECIFIC TO SUCH PRODUCTS AND SERVICES SHALL PREVAIL.
General
These Terms, sets forth the terms and conditions that apply to use of this www.udhyamfin.com by a User. The Terms are governed by the provisions of the applicable Indian laws, the rules, regulations, guidelines, and clarifications framed thereunder, including but not limited
- The Indian Contract
- The Information Technology Act, 2000;
- The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- These Terms and your activity under these Terms are an electronic record as per the (Indian) Information Technology Act, 2000 and these Terms being electronically generated by a computer system does not require any physical or digital signatures.
2. Services
You acknowledge that UFS inter alia provides the following service.
- Issuing/granting long term and short term loan facility including inter alia asset purchase loan and working capital
- Accessing various features and other products and services made available to You when You visit the Website or through the UFS Software (defined below) in connection with any of the for
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- Assistance in availing the loan facility from UFS;
- Assistance in creation of security for the loan availed by You from UFS;
- Maintaining a record of Your personal information and information about financial transactions undertaken on the Website, in a consolidated, secure, and confidential manner; and
- Promptly and efficiently responding to Your queries or issues relating to Your loan application or facility availed.
The aforementioned services shall be collectively referred to as the “Services”. UFS, at its discretion may add, modify, or remove any Service provided by it or any process followed by it by amending these Terms or any part thereof including but not limited to adding fees and charges for use of the Website or for availing Services. You shall be notified of such changes/modifications/additions/deletion which may be done by any means, including but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means deemed appropriate by UFS. All such changes/modifications/additions/deletions shall be effective from the date of such notification. UFS reserves the right to provide the Services in any area or city in India, as may be determined by UFS in its sole discretion. Before applying or registering for availing any of the Services, we request you to please check if the Services of UFS are available in Your area or city.
In order to grant You these Services, You will be required to submit an online application and acknowledge and accept such other documents including sanction letter, loan agreement and other related loan documents as may be applicable (which will indicate the specific terms of the loans availed/to be availed by You), in the manner recorded therein. To avail the Services, UFS shall collect all relevant information as may be deemed necessary by UFS for providing Services to You. Upon collection of such information, UFS shall generate a One Time Password (“OTP”) on the mobile number provided by You. You will be required to share the OTP with UFS only upon satisfying Yourself that Your information is correctly recorded in the software owned or operated by UFS (“UFS Software”). The UFS Software used for onboarding the information may either be developed internally by UFS or by a third party but operated by UFS for the purpose of providing the Services. Upon authentication of Your information through the said OTP, and completion of other processes UFS will decide at its sole discretion whether the loan can be extended to you. Should UFS decide to extend the Loan, You shall be provided with a sanction letter, a loan agreement and such other related loan documentation through UFS Software. If You agree to the terms specified in the sanction letter, the loan agreement and other loan documents (as applicable), UFS shall generate an OTP on your registered mobile number, which you shall share with UFS. Sharing of the OTP generated on your registered mobile number by You with UFS shall signify your consent and acceptance to the terms of the sanction letter, the loan agreement and other loan documents to avail Services.
You agree and acknowledge that all information collected by UFS in the course of providing Services to You shall in addition to the respective loan documents, be governed by these Terms and the Website’s Privacy Policy.
Services are available only at the discretion of UFS and its subsidiaries, subject to the individual contractual terms and conditions of products and services on which they are offered and such products and services may be withdrawn or amended at any time without notice. The user acknowledges that certain functions of this Website would require an active internet connection which can be Wi-Fi or the Local Area Network (LAN) connection. UFS and its fellow subsidiaries do not assume any responsibility/liability if the Website is not fully functional due to absence/ insufficiency of the required internet connection.
All rates, charges and fees quoted / stated for various financial products and schemes and interest rates cited as examples of rates which may be in effect from time to time are indicative rates only and are subject to change at any time at the sole discretion of UFS and its fellow subsidiaries as the case may be, and applicable Indian laws. These charges, fees and rates may change depending upon the assessment made by UFS in individual cases upon receiving necessary information and documents.
3. Eligibility to Use
Use and access to the Website is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age (ii) not a person barred from receiving any services on the Website under the applicable laws; (iii) not a person facing insolvency proceedings or adjudged insolvent; and (iv) competent to enter into a binding contract. In case You are accessing the Website as a representative of and on behalf of a legal entity or organization, (i) You represent and warrant that You have the full authority to represent the legal entity and have power to bind them; and (ii) You understand that the Website’s privacy policy upon acceptance by You, is applicable to and binds all other persons accessing or using the Website and the Services on behalf of the same legal entity or organization for this purpose.
4. User Account, Password, and Security
In order to access the Services, You will have to register on the Website by providing details as may be required by UFS including Your phone number and create and verify an account (“Account”).
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an Account with the Website.
You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Website or request You for information revision or update. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if UFS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UFS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion and/or the Services, in addition to any right that UFS may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify UFS of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. UFS cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by UFS or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
5. User Acknowledgements and Affirmations
You hereby agree that the submission of loan application and/or details to UFS does not imply automatic approval of the loan by UFS. UFS may at its sole discretion either reject or refuse any application for availing the Services and/or loan from UFS without providing any reasons for such rejection/refusal, and in such instance, You reserve no right to appeal against such decision. Further, UFS shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any refusal or rejection of the loan application and/or denial to sanction the loan by UFS.
You agree and understand that the sanction of the loan(s) by UFS to any User is at the sole discretion of UFS and also subject to: (i) User’s successful completion of Know Your Customer (KYC) requirements, to the satisfaction of UFS; and (ii) User’s successful and complete execution of all relevant loan documents including other ancillary documents and other closing formalities to the satisfaction of UFS, in the form and manner as provided by UFS.
You hereby confirm that there are no insolvency proceedings pending against You nor have You ever been adjudicated insolvent. You hereby agree to immediately inform UFS of any changes in the information provided by You including in relation to Your occupation, employment, assets and/or liabilities, and residential status.
You hereby confirm that the proceeds of the loan if granted by UFS to You shall not be utilized for any speculative, anti-social, immoral, or illegal purposes and shall be utilized only for the purpose, specified by You at the time of making the loan application, and in compliance with the terms and conditions prescribed by UFS for the sanction of such loan. UFS reserves the right to recall or cancel the loan facility if it is found that or UFS becomes aware that the loan proceeds are used for any purpose other than the purpose for which it was sanctioned.
You hereby consent to UFS or agents, employees, consultants, contractors, or representatives of UFS or its group companies or of their authorized partners to contact You including without limitation through email, Short Messaging Service (SMS) data, telephone and any other mode of communication in relation to the Services, the sanctioned loan (including repayments thereof), the products of UFS and to fulfill Your demand or request or otherwise respond to You.
As a pre-condition to grant of the loans, advances, credit facilities by UFS to You, You agree and hereby consent for the disclosure by You to UFS of: (a) information and data relating to You, directors/partners/officers and Your affiliates; (b) information or data relating to any credit facility availed of/to be availed, by You; (c) default, if any, committed by You, in discharge of any of Your obligations, to any third parties, and (d) such other information as may be deemed necessary at the sole discretion of UFS. Further, You agree to provide any other information as may be required by UFS from time to time, in relation to the Services.
You hereby agree and consent to authorize UFS to collect, access, retrieve and verify any information relating to You (and/or Your affiliates, if applicable) including personal information, financial information, credit information, Your location, SMS, call logs, contact details and information pertaining to the business operations, offices, directors, officers, partners, employees, licenses and registrations obtained (Shops and Establishment Act of the concerned State in India, factories license, Goods and Services Tax registration and Permanent Account Number), tax returns, bank statements, credit rating, any details of any violation of any applicable laws and any other documents, as may be determined by UFS in its sole discretion, for the purpose of assessing and evaluating the loan application, Your request for Services, Your creditworthiness and to monitor Your financial health post loan disbursement.
Without limiting the generality of the above, You undertake and acknowledge that, for the purpose of assessing credit worthiness, the UFS is authorized to retrieve from: (a) Credit Information Bureau (India) Limited (“CIBIL”) and/or any other agency authorized by RBI, the information of the applicant(s), directors, officers, partners, affiliates, and any other individuals who are involved in the said business, on behalf of which this loan application is made; (b) Central KYC Records Registry, ‘Know Your Customer’ data of the applicant(s), directors, officers, partners, affiliates, and any other individuals who are involved in the said business, on behalf of which the loan application is made, for the purpose of verification; (c) from the relevant tax authorities the Goods and Service tax returns/data, of the applicant(s), and its affiliates, on behalf of which this loan application is made. To the extent necessary, You appoint UFS as an agent and authorize UFS to receive the above-mentioned data from third parties on Your behalf.
You further agree and acknowledge that UFS may provide details in relation to the loan application, defaults, loan granted, security, guarantor, etc. to the relevant regulatory authority in India including the RBI, credit bureau, credit rating agencies, other banks, financial institutions, any third parties, as may be required under applicable law and who may need, process and publish the information in such manner and through such medium as it may deem necessary or in compliance with applicable law. UFS may, as it reasonably deems appropriate and necessary, disclose, and furnish information as set forth above to CIBIL and/or any other agency authorized in this behalf by the RBI. You hereby agree that UFS shall be entitled to exchange information regarding Your accounts with other financial institutions or banks, as and when required in accordance with applicable law and regulations.
In the event an asset is provided as a security for the sanctioned loan, You hereby agree to ensure that such asset is free from any encumbrance, lien, charges, hypothecation, and other interest and You have the clear, undisputed title to such asset.
In the event a guarantor is identified in respect of loan, You hereby consent that You have the specific authorisation from such person to act as the guarantor for the transaction and to provide their details and information to UFS as may be required by UFS.
6. Restrictions on use
The Website is owned and operated by UFS and contains material which is derived, in whole or in part, from material supplied by the UFS, its group companies, and other sources (including content partners), and is protected by international copyright and trademark laws. Except where specifically authorized by UFS, You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Website including any code and software therewith.
7. Compliance with the Terms:
By using the Website, you agree to comply with all of the terms and conditions hereof. The right to use the Website is personal to You and is not transferable to any other person or entity. You are responsible for all use of your account (under any screen name or password) and for ensuring that all use of your account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You shall also ensure and confirm that all the information shared by You for availing Services on the Website is complete, accurate and up-to-date. If there is any change in the information provided by You, or if any information is found to be incomplete or incorrect, You shall promptly notify UFS to update such information. If You provide any information that is untrue, inaccurate, unauthorized, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if UFS has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, UFS has the right to refuse/suspend/terminate the provision of Service to You.
You agree to use the Website and the loan provided to You as a part of the Service for lawful purposes only and You may be held liable for any loss incurred by UFS or any other Users on the Website on account of Your non-compliance of these Terms or any law for the time being in force.
8. Use of Information and Materials
All content including but not limited to any materials, information, data, money market movements, news items, texts, graphics, links, user interfaces, visual interfaces, sounds and music (if any), artwork, software (including the UFS Software) and computer code (and any combinations thereof) etc. contained or displayed on this Website (collectively “Content”) is provided for general information only and should not in any circumstance be used as a basis for making business/commercial decisions. You are advised to exercise due caution and/or seek independent advice before availing any facility or entering into any investment or financial obligation based on any Content contained on this Website. No information, whether oral or written, obtained by You from UFS or its employees or affiliates or by the use of the Website shall create any warranty not expressly stated in the Terms.
The Content on the Website is protected by copyright, You may not distribute the Content to others without the express written consent of UFS. You may not copy, download, publish, distribute or reproduce any of the Content contained on this Website in any form without prior permission of UFS.
The Content on this Website should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products / schemes of UFS, or any of its subsidiaries/affiliates. The Services are provided only to Indian citizens residing in India at the time of availing of Services.
9. Indicative Loan Terms
- Loan: The Loan provided by UFS shall be the amount stated in the sanction letter which shall be strictly in accordance with the terms and conditions mentioned therein and based on other documents executed
- Rate of Interest: The rate of interest will be specified in the sanction letter based upon your risk gradation
- Disbursement: UFS will disburse the loan to your designated UPI ID bank account/ or your suppliers bank account as the case may be by way of direct bank transfer via NEFT, IMPS or through such other modes as UFS deems fit in its absolute discretion
- Repayment: You shall pay to UFS all installments, inclusive of interest, on a daily/weekly/fortnightly/monthly basis on the Scheduled Due Date (as determined in the Sanction Letter/loan agreement), from the first due date to the last due date as mentioned in the Sanction Letter/ loan agreements (as may be required by the Lender to its satisfaction), without fail on the first presentation
- In order to facilitate such repayment, UFS has provided various options that can be relied upon by you., including, without limitation, debit card payment, Net Banking Payment, direct bank transfer, etc. In order to further secure such payments, UFS relies on a secure payment gateway like PayU
- In case of any difficulty in repayment, please talk to our partner on following credential
Contact No – 895114171
Email ID – [email protected] - Refund: All refunds in relation to your loan that are initiated by us will be credited to the account/card/UPI ID from where the original transaction had initiated. Such refunds shall be credited within the statutory time period
- Event of Default: Each of the events or circumstances set out below is an Event of Default (“Event of Default”)
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- When You fail to pay/repay any monies in respect of the loan provided to You under the loan agreement or sanction letter as a part of the Service provided to You;
- Any failure on Your part to observe or perform, in respect of any covenants or obligations under these Terms or the loan agreement, sanction letter or other loan documents executed by You as a part of the Service provided to You;
- When any representation, warranty or statement made or deemed to be made by You for the purpose of availing Services proves to have been incorrect or misleading in any material respect when made or deemed to be made;
- If any circumstances or event occurs which, in the opinion of UFS is prejudicial to or impairs or imperials or jeopardizes or is likely to prejudice, impair, imperil, or jeopardize any security given by You (if any)
- Where any Material Adverse Effect occurs or is likely to occur. For the purposes of this clause, “Material Adverse Effect” means a material adverse effect on Your (a) the business, condition (financial or otherwise), operations, performance or assets taken as a whole; (b) Your ability to perform Your obligations under these Terms and the loan agreement and/or sanction letter accepted by You; or (c) the legality, validity or enforceability of the whole or any material part of these Terms and/or the loan agreement and/or sanction letter accepted by You or any material rights or remedies of UFS under the said documents each as determined by UFS at its sole discretion.
- Such other circumstances which UFS may reasonably determine to be an Event of Default.
10. Consequences of event of a default
Upon the happening of an Event of Default, UFS may, without the requirement of issuing any prior notice to You and without prejudice to the rights and remedies available to it under these Terms or the loan agreement and/or sanction letter executed by You or under any law for the time being in force or equity, take any or all of the following actions:
- Terminate the loan agreement and accelerate the repayment of loan and interest due and outstanding and declare all Your obligations to be immediately due and payable;
- Stop advancing money or extending credit to You under the loan agreement and/or sanction letter accepted by You and terminate Your rights thereunder;
- Take any action and proceed under any applicable law or statute against You or any guarantor (if any);
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- Enforce any security that may be provided by You for the purpose of availing Services;
- Exercise any other remedies available to it under under these Terms, the loan agreement/sanction letter accepted by You and any law for the time being in force
11. Equipment
You shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website and for availing Services on the Website
12. Intellectual Property Rights
The Website and all Content contained/displayed therein is exclusively owned by UFS and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of UFS or other respective third parties, as the case may be. You are not permitted to reproduce or distribute or otherwise use the Marks or Content without the prior consent of UFS or the third party that may own the Marks. Subject to Your compliance with these Terms, UFS grants you a non – exclusive, non-transferable and revocable license to use this Website.
13. Limited Use
While browsing the Website or using any Services provided herein, you agree that you shall no
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- use the Services for spamming or any other illegal purpose
- infringe UFS or any third party’s intellectual property rights, rights of publicity or privacy;
- post or transmit any message, data, image or program which violates any law or which discloses private or personal matters concerning any person
- refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to UFS
- remove, circumvent, disable, damage or otherwise interfere with security related features of the Services or features that enforce limitations on the use of Services and Website;
- upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or UFS Software and Services or any part thereof or infringe any patent, trademark, copyright or other proprietary right
- use Services and Services in any manner that could damage, disable, overburden, or impair, including, without limitation, using Services in an automate
- interfere or disrupt Services or networks connected in addition to that;
- use the facilities and capabilities of Services to conduct any activity or solicit the
- performance of any illegal activity or other activity which infringes the rights of others;
- provide false, inaccurate or misleading information to UF
14. Linked Websites
This Website may contain links to other websites of affiliate companies or subsidiaries of UFS. This Website also contains links to external websites, having further linked websites, controlled or offered by third parties (non-affiliates of UFS), in order to help you find relevant websites, services and/or products which may be of interest to you, quickly and easily. The contents displayed or products / services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by UFS or its affiliates. UFS and its affiliates are also not responsible for the owners or operators of such external links or websites or for any products or services they supply or for the contents of their websites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external websites to which this website includes a link infringes the intellectual property rights of any third party).
15. Data Protection
Storage, usage and transmission of all information obtained by it through the Website, shall at all times be in accordance with the Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and all other applicable law. In the event UFS obtains any personal data or confidential information pursuant to any transaction/Services, it shall only undertake the processing of Personal Data/Confidential Information reasonably required in connection with the performance of its obligations under the transaction/Services.
UFS shall at all times have appropriate technical and organizational measures in place to:
- prevent unauthorized or unlawful processing of any Personal Data/Confidential Information
- protect any Personal Data/Confidential Information against accidental loss, destruction or damage
- ensure the reliability of its employees/contractor having access to the Personal Data/Confidential Information;
16. Refund & Cancellation Policy
Any additional payment made by You shall be refunded back within 30 days pursuant to the reconciliation of the accounts by UFS . Notwithstanding UFS’s rights to terminate the Services under these Terms and the loan agreement and sanction letter accepted You, there will be no cancellation of the Service once You have received the loan amount in Your bank account/UPI ID.
17. Disclaimer of Warranty; Limitation of Liability; Indemnity
You expressly agree that use of Websites is at your sole risk. Neither UFS , its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Website.
All Content contained on this Website and the Website itself are provided on an “as is”, “as available” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing.
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. In no event will UFS , or any person or entity involved in creating, producing or distributing Website or the Website software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website including lost profits. You hereby acknowledge that the provisions of this section shall apply to all content on the Website.
In addition to the terms set forth above neither UFS , nor its affiliates, information providers or content partners be liable regardless of the cause or duration, for any errors, inaccuracies, missions, or other defects in, or inauthenticity of any Content , or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. UFS , its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, UFS , nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of any information.
The limitation and exclusions of liability set out in these terms shall apply to the maximum extent permitted under applicable laws
You agree to indemnify, defend and hold harmless UFS and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
18. Governing Law and Jurisdiction
These Terms will be governed by the laws of India, without regard to its conflict of laws rules. Any dispute arising on account of the Website or any Service, will be exclusively settled by the courts located in Bengaluru, India.
19. Details of Grievance Redressal Officer
If You have any grievances, or complaints or concerns with respect to the Website or the Content, or the Services, You can contact the designated Grievance Officer of UFS through the email Id and phone number provided below.
Mr. Mahendra Aditya Sahu,
Udhyam Financial Services Private Limited
House no 2B
Garden homes apartment
Sivanchetti garden post
Aga Abbas Ali road
Ulsoor Bangalore Karnataka
Pin Code – 560042
Phone No – 8951141719
Email Id: [email protected]
20. Breach Of The Term
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to UFS, for which monetary damages would be inadequate, and You consent to UFS obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that UFS may have at law or in equity.
21. Suspension And Termination
These Terms will continue to apply until terminated by either You or UFS as set forth below. If You object to the Terms or are dissatisfied with the Website, You may (i) fulfil all Your obligations towards UFS or its affiliates under the loan agreement(s) executed by You as part of the Service and terminate Your relationship with UFS and; (ii) stop accessing the Website.
You agree and acknowledge that UFS may delist You or block Your future access to the Website or suspend or terminate the provision of Services to You if it believes, in its sole and absolute discretion that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until UFS chooses to terminate them
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- I/We confirm that we have carefully read and fully understood all the terms of use of availing financing that are listed on Udhyam Financial Services Private Limited at Terms and conditions and Privacy Policy and applicable to any loan availed through the company’s website referred as the “Company’ or “Lender” or “Udhyam Financial Services Private Limited or UFS on the Website.
- I/We understand that sanction of the loan(s) is at the sole discretion of UFS and is subject to my/our execution of necessary documents, providing any security (where applicable) and other closing formalities to the satisfaction of the Lender. I/We agree that UFS at its sole discretion may reject my application without providing any reasons, and that I/We reserve no right to appeal against this decision
- I/We understand that it is my/our responsibility to fully read and understand the terms and conditions of the loan documents and make ourselves fully aware of all the obligations that we will have as a borrower under the loan documents. It will be solely at our discretion and our informed decision to proceed or not proceed with availing of the loan from UFS basis the terms and conditions of the loan documents
- I agree that I shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, licence, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through UFS website, except that which I may download for my own personal, non-commercial use
- I understand and accept all information submitted by me through www.udhyamfin.com shall be deemed the property of UFS, and UFS shall be free to use any ideas, concepts, know-how or techniques provided by me at www.udhyamfin.com , in any manner whatsoever. On initiating a contact through www.udhyamfin.com I agree to being contacted by UFS or any other entities with whom UFS has entered into an arrangement.
- I/We declare that I am/we are citizens of/resident in India and I/we declare, warrant and represent that all the particulars and information and details given / filled in this application form and documents given by me/us to are true, correct and accurate and I/we and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via www.udhyamfin.com and I/we have not withheld / suppressed any material information. I/We undertake to furnish any additional information/ documents that may be required by www.udhyamfin.com from time to time. UFS reserves the right to retain the photograph & all the documents submitted with the applications & may not return the same to the applicant
- I/We confirm that there are no insolvency proceedings against me/us nor have I/we ever been adjudicated insolvent. I/We also undertake to inform UFS of changes in my/our occupation/employment and to provide any further information that UFS may require. I/We shall advise UFS on the change in my/our resident status.
- I/We agree that my/our loan will not be used for any speculative or anti-social purpose
- As a pre-condition, relating to grant of the loans/advances/credit facilities by www.udhyamfin.com to me/us, I/We agree and give consent for the disclosure by www.udhyamfin.com of:
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- information and data relating to me/us and our directors and group companies;
- the information or data relating to any credit facility availed of/to be availed, by me/us; and
- default, if any, committed by me/us, in discharge of any our obligations, to all or any third parties as may be deemed necessary at the sole discretion of www.udhyamfin.com and/or as may be required under the applicable laws in force and/or upon the direction of statutory/ governmental authorities.
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