Flexidigital Tech India Private Limited (CIN: U72900DL2023PTC409311) is a company registered under the Companies Act, 2013 having its registered office at House No. 210, 4th Floor, Block-M, Shastri Nagar Delhi-110052, India (hereinafter shall be referred to as âFTIPLâ or âusâ or âweâ as the context may require). FTIPL owns and operates the mobile application by the name [-] (âAppâ) and website at [-] (âWebsiteâ) (The App and the Website are hereinafter together referred to as the âPlatformâ).
FTIPL facilitates access and transactions between multiple users in the form of consumers (âUser/(s)â) on one side and on the other side financial institutions, data partners, lenders, borrowers, service providers etc. (âFinancial Partnersâ) with a view to facilitate lending and borrowing activities, including providing other financial products, credit cards etc to the Users. It is hereby clarified that the term âUsersâ or âyouâ or âyourâ as used under these terms & conditions shall mean any person accessing the Platform merely for browsing or for the purpose of availing product offered by the Financial Partners of FTIPL.
By accessing or using any version of the Platform on any compatible device, you agree to be bound by these terms and conditions (âT&Csâ) and any other applicable law, whether or not you are a registered member of the Platform. If you do not agree to these T&Cs, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY US. This document/agreement/understanding is an electronic record in terms of Information Technology Act, 2000 and is 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) Rules, 2011.
The details relating to collection, storage, use and disclosure of your information are provided under the privacy policy and are incorporated herein by reference (âPrivacy Policyâ). These T&Cs read together with our Privacy Policy govern usage of the Platform. These T&Cs may be amended or varied by FTIPL from time to time without prior notice. The User is requested to check the Platform periodically for changes. Your continued use of or access to the Platform or the services following any changes to these T&Cs, constitutes your agreement to be bound by the terms of any such amendment or variation.
These T&Cs form a legal and binding agreement between the User and FTIPL and are made pursuant to the terms of the Information Technology Act, 2000 and guidelines provided by applicable regulatory authorities including but not limited to the Reserve Bank of India (âRBIâ).
I. GENERAL FEATURES AND FACILITIES PROVIDED BY US
Through the Platform, FTIPL provides an online medium which connects Users with the Financial Partners. FTIPL merely facilitates a transaction between you and its Financial Partners. FTIPL is not an organization registered with the Reserve Bank of India and does not hold any license to lend money to the Users. FTIPL is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India. FTIPL is also not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.
FTIPL merely provides the Platform for connecting Financial Partners with prospective borrowers. FTIPL neither lends nor borrows through this Platform, and any/all services facilitated by the Financial Partners through the Platform shall be on such terms as may be mutually agreed between the User and the Financial Partner. FTIPL does not hold any right to accept or reject the loan application submitted through the Platform. Based on the specific credit underwriting policy of the Financial Partners and/or their codes, compliances, guidelines, the customer loan application is either accepted or rejected, which acceptance or rejection is conveyed to the Users through the Platform.
In the event You wish to avail any of the financial products displayed on the Platform, you will be required to register with us, provide certain information.
II. ELIGIBILITY
User of the Platform represents, warrants and declares that in case of an individual, User is a natural /legal person who has attained the age of at least 22 years and is legally allowed to enter into a contract in India. The User shall not access and use the Platform if he/she is not competent to contract under the applicable laws, rules and regulations. The User is allowed to utilise the services in accordance with the terms and conditions detailed hereinafter.
By registering on the Platform, the User hereby undertakes to agree and abide by the T&Cs detailed herein. If the User violates any of these terms and conditions, or otherwise violates an agreement entered into through the medium of the Platform, FTIPL has the right to terminate your membership/ delete your profile and or prohibit you from using or accessing the Platform at any time in its sole discretion, with or without notice.
III. USER ACCOUNT ON PLATFORM
If the User wishes to avail the services, then User is required to maintain an account on the Platform and will be required to furnish certain information and details including User name, email id, contact number and such other information as deemed necessary by FTIPL and/or its Financial Partners for provisioning of services to the User which shall be collected as per the terms detailed in the Privacy Policy and our representatives may contact You through phone or email to understand your requirements. You further acknowledge that if you do not provide the requested information to FTIPL, FTIPL or its Financial Partners will be unable to provide or continue its / their services to You. You confirm that all information given to FTIPL (whether in the online application form or otherwise) is true, correct and not misleading. You agree to provide any additional documents to FTIPL as may be required from time to time upon your explicit consent as provided under the Privacy Policy. You hereby understand that every time you wish to use credit/financial facility from our Financial Partners, you will be provided with an online agreement (specific to the product/facility availed) on the Platform. Upon clicking âI Acceptâ you will be bound by the terms of the said agreement with the Financial Partners. You understand and agree that FTIPL may charge registration fee for facilitating the facility/product/service availed by you and you agree to pay the same.
User is responsible for maintaining the confidentiality and security of the account, activities that occur in or through the User account. User agrees to accept responsibility for all activities that occur under User account. Users should take all necessary steps to ensure that the password is kept confidential and secure and should inform FTIPL immediately if the User has any reason to believe that the password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details provided to FTIPL are true, correct, accurate and complete. Under any circumstances if FTIPL has any reasonable suspicion that the information provided by User is wrong, inaccurate or incorrect, FTIPL shall immediately terminate the User account without any notice to User in this regard. In the event of any changes to the information shared by User at the time of registering on the Platform, User shall be responsible for forthwith notifying the said changes to FTIPL. You can access and update most of the information you provided us on the âdashboardâ area of your account after you log-in or by writing to us at [-]. The right to use this Platform is personal to the User and is not transferable to any other person or entity.
IV. USE OF THE PLATFORM
You shall not use the Platform otherwise than as an end user. You shall always comply with all applicable laws in your use of the Platform.
You further agree not to alter, adjust, circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
Except for the services explicitly provided, FTIPL does not provide, control or endorse any third-party information, products or services in any manner whatsoever, even if such third-party information, products or services are advertised on the Platform. FTIPL shall under no circumstance be responsible for any delay/default or any other issue in the services provided by its Financial Partners.
FTIPL shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
V. MONITORING OF THE PLATFORM AND YOUR ACCOUNT
FTIPL always has the right and liberty to monitor the content of the Platform or any part thereof which shall include information provided in User account. The monitoring of the Platform is important to determine the veracity of the information provided by you and that every User remains in consonance with the T&Cs provided herein. Subject to the T&Cs mentioned herein, FTIPL shall also have the liberty to remove any objectionable content which is in contravention of the T&Cs or any applicable laws in force in India or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
VI. PRICES AND PAYMENT
All prices for the financial products visible on this Platform may change from time to time. The User acknowledges that the price is provided on the Platform on âas isâ basis as provided by FTIPLâs Financial Partners to FTIPL. However, while purchasing a financial product, the price prevailing at commencement of placing the order will apply. FTIPL will not, at any point of time during any transaction between you and its Financial Partners come into or take possession of any of such financial products offered by such Financial Partner, nor does it, at any point, gain title to or have any rights or claims over the financial products. Even if the Platform is provided on a âno chargeâ basis for a period of time, FTIPL shall have the right to charge such subscription fees as it determines in its sole discretion from time to time, however the fee charged, if any, shall be reflected prior to placing of the service request by the User.
VII. INTELLECTUAL PROPERTY RIGHTS
FTIPL grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof for availing the services provided by the Financial Partners. The User can access Platform and use the available features, facilities and utilize the Platform content for availing the Services. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. You are not entitled to duplicate, distribute, create derivative works of display or commercially exploit the Platform content, features or facilities, directly or indirectly, without our prior written permission. You acknowledge that you have no right to have access to the Platform in source-code form. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these T&Cs, is not permitted.
All of the content on the Platform, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names (âPlatform Contentâ), constitute our and our licensorsâ intellectual property. Copyright laws in all applicable jurisdictions protect the Platform and the Platform Content. FTIPL and its licensors, if any, are the sole and absolute owner of the Platform including its underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.
You acknowledge that all intellectual property rights in the Platform and the technology anywhere in the world belong to FTIPL or its licensors, if any, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the technology other than the limited right to avail the facilities provided in accordance with the T&Cs.
VIII. USER COMMUNICATION
We may contact you via SMS messages (including text messages), calls, whatsapp messages, IVR calling or manual calling. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS. You hereby agree to be contacted in the foregoing manner for us to assist or notify you in relation to the services.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone elseâs and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have explicitly consented to provide to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address(es).
It is further clarified that the consent sought from you for collection of your personal information, where applicable, shall be used solely in connection with the facilitation of services through the Platform and such information shall not be shared with any third party, save and except to the RBI, such third parties specified under the Privacy Policy or any other regulatory body, government agency or any registered financial institution which may require the aforementioned information for processing the loan application as well as the compliance under applicable law. Furthermore, you shall always have the option of revoking your consent by notifying to us at any point of time as provided under the Privacy Policy. However, it may result in you not being able to avail our services after such revocation.
Do Not Disturb
In the event you have registered your phone number on the âDo Not Disturbâ registers with your network provider, you shall ensure to take all steps to enable FTIPLâs representatives to contact you via phone to provide details about different financial products and you shall ensure that such calls received by you are pursuant to you providing us with information and you shall not register a complaint with the relevant authorities for the same.
IX. GUIDELINES OF ACCEPTABLE USAGE
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
(i) You shall not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&Cs and our Privacy Policy. (ii) You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any FTIPL server, or interfere with any other partyâs use and enjoyment of the Platform. (iii) You shall not attempt to gain unauthorised access to any functions and features, other user accounts, computer systems or networks connected to any FTIPL server, in any manner, including, through hacking, password mining or any other means. (iv) You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform. (v) You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform. (vi) You accept that any and all operations emanating from your device shall be assumed to have been initiated by you. (vii) You shall request FTIPL, to block the account immediately, if your device has been lost or stolen. (viii) You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and FTIPL shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You shall remain responsible for any and all activities that occur in your account. FTIPL shall make all reasonable efforts to ensure that your information is kept confidential. However, FTIPL shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the device due to theft, negligence or failure on your part to practice safe computing.
You agree to notify FTIPL immediately of any unauthorised use of the account or any other breach of security. FTIPL shall not be liable for any loss to you owing to negligent actions on your part, either with or without your knowledge. You shall be liable for losses incurred by FTIPL or any other party due to a third partyâs use of the account. You shall not use any other personâs account at any time, without the permission of the account holder and FTIPL cannot be held responsible. FTIPL reserves the right to suspend or cease providing any service and shall have no liability or responsibility to the User in any manner whatsoever.
FTIPL may wish to stop providing the services and may terminate use of it at any time without giving notice of termination to you. Unless FTIPL informs the User otherwise, upon any termination, (a) the rights and licences granted to you in these T&Cs will end; and (b) User must stop using the Platform or any part thereof forthwith.
X. PROHIBITED USES
In addition to other prohibitions as set forth in the T&Cs, you are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial, local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
XI. INDEMNITY
You agree and undertake to indemnify FTIPL, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and Financial Partners harmless against any claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the services or of the Platform, any violation by you of these T&Cs, or any breach of the representations, warranties, and covenants made by you herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by you on the Platform.
FTIPL reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify FTIPL, including rights to settle, and you agree to cooperate with FTIPL defence and settlement of these claims. FTIPL will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
The terms of this paragraph will survive any termination or cancellation of these T&Cs or your use of the Platform.
XII. WARRANTIES
The Platform and the functions and features therein are provided on an âas isâ and on an âas availableâ basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FTIPL shall make reasonable efforts to make the Platform available and the functions and features at all times. However, we make no warranty that the Platform shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
FTIPL shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of FTIPL, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&Cs.
XIII. ACKNOWLEDGEMENTS
You acknowledge that _________ is an online platform which connects the financial institutions with prospective borrowers and that FTIPL is not an organisation registered with the Reserve Bank of India and does not hold any licence to lend money to the Users. You acknowledge that the use of the financial lending activity is entirely between the Users and respective Financial Partners and neither FTIPL nor its employees, officers, directors, agents have any interest with regard to any financial lending activity. The service is provided on an "as is" and "as available" basis, and you acknowledge that it is your responsibility to verify the information available on the Platform and FTIPL is in no manner liable if the information provided on this Platform is untrue or incorrect. You acknowledge that FTIPL is in no manner responsible for any claim of money or damages in the event a Financial Partner fails to either grant loan or a User fails to repay the loan or misrepresents his financial status or commits a fraud or cheating or any other such illegal act.
XIV. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER FTIPL NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS PLATFORMâS FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE PLATFORM, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE PLATFORM, OR INABILITY TO USE THE PLATFORM, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE, DISCHARGE AND HOLD HARMLESS FTIPL, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF YOUR USE OF THE PLATFORM. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
FTIPL IS MERELY A FACILITATOR AND SHALL NOT BE RESPONSIBLE FOR ANY BREACH, DEFAULT, ERROR COMMITTED BY EITHER THE USER OR ITS FINANCIAL PARTNER. FTIPL SHALL TO THE BEST OF ITS ABILITIES AND WITH THE REALM OF LAW AID THE CONCERNED USER IN TERMS OF PROVISION OF INFORMATION REQUIRED. HOWEVER, FTIPL SHALL NOT BE RESPONSIBLE FOR ANY DEFAULT ON BEHALF OF THE USER/FINANCIAL PARTNER.
FTIPL IS MERELY AN INFORMATION TECHNOLOGY PLATFORM AND THE USER IS ENTITLED TO CONDUCT ITS OWN DILIGENCE BEFORE TAKING ANY STEPS TO INITIATE THE PROCESSES OUTLINED ON THE PLATFORM OR ANY PART THEREOF.
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FTIPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
XV. ADVERTISERS/ THIRD PARTY LINKS ON THE PLATFORM
FTIPL accepts no responsibility for advertisements contained within the Platform or any part thereof. FTIPL has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform or any part thereof exists. Such linked websites and mobile applications are provided âas isâ for Userâs convenience only with no warranty, express or implied, for the information provided within them or the veracity thereof.
XVI. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at FTIPLâs request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You are licensing to FTIPL and its service providers, any information, data, passwords, materials or other content (collectively, âUser Contentâ) you provide through or to the service. FTIPL and service providers of FTIPL may use, modify, display, distribute and create new material using such User Content to provide the service to you. We may also use, sell, licence, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the service. By submitting User Content, you automatically agree, or promise that without any particular time limit, and without the payment of any fees, FTIPL and its third-party service provider may use the User Content for the purposes set out above.
XVII. TAKEDOWN POLICY
If you believe that there is any content available on the Platform which is contrary to FTIPLâs policies or applicable law, then please notify the Grievance Officer at the email ID provided below. When You send such notice, please ensure that your notification contains the following details:
- Your name, email ID, phone number and postal address;
- The exact nature of the objectionable content and the exact location (including the relevant web page) where it appears;
- Why do you consider the content to be objectionable? We will evaluate the contents of the notice and may take such action as we deem appropriate in keeping with our policies and applicable law which may include, asking further details from you or taking down the content that was the subject matter of your notice.
XVIII. NOTICES
Any notice required to be given to FTIPL under these T&Cs shall be sent by registered mail or recognized courier to the following address:
Flexidigital Tech India Private Limited Attention: Mr. Pushkar Prasad Designation: Director Address: House No. 210, 4th Floor, Block-M Shastri Nagar Delhi -110052
XIX. SEVERABILITY
If any provision of these T&Cs is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&Cs will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
XX. GOVERNING LAW AND JURISDICTION
These T&Cs along with the Privacy Policy are governed and construed in accordance with Indian law. By using the Platform, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in the event of any disputes arising out of or in relation to your access to and use of the Platform.
XXI. ELECTRONIC COMMUNICATIONS
When you visit Platform or send emails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on Platform, via SMS, WhatsApp or any other mode of electronic communication as opted by you. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You hereby express your intent to know through telephonic calls, or SMS on your mobile number mentioned in the application form, as well as in these T&Cs, or through any other communication mode, various offers, schemes or promotional schemes, or any other promotional schemes of FTIPL or Financial Partners and hereby authorize FTIPL and/or its partners employee, agent, associate to do so. You confirm that laws in relation to the unsolicited communication referred in âNational Do Not Call Registryâ (the âNDNC Registryâ) as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/SMS received from FTIPL, its employees, agents and/or associates.
XXII. FORCE MAJEURE
Under no circumstances shall FTIPL be held liable for any delay or failure or disruption for the services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, pandemics, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
XXIII. GRIEVANCE
Users can raise his/her grievance in relation to services provisioned by FTIPL through the Platform, by writing an email at [-].
Users can contact the grievance redressal officer with respect to any complaints or concerns regarding the handling, storage, disclosure of User Information and/or the services as provided below.
Grievance Redressal Officer Name: Pushkar Prasad Contact Details: Ph: +91 8376901964 Email: pushkar.prasad@trustpaisa.com Address: House No. 210, 4th Floor, Block-M Shastri Nagar Delhi -110052