TERMS OF SERVICE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record 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 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the domain name www.moneyinminutes.in and the Google Play store Moneyinminutes.

Please read these terms and conditions ("terms") carefully. These terms form a legal agreement between tushar leasing and investment pvt. Ltd and you. By clicking on "i accept" or "i agree" or by downloading, installing or otherwise using the services, you accept and agree to the terms contained herein. If you do not agree to these terms, do not click "i accept" or "i agree" or download, install or use the services.

1. DEFINITIONS

"Application or App." shall mean Money In Minutes, the mobile application created, developed and designed by the Company for providing the Services.

"LENDER" shall mean non-banking financial company TUSHAR LEASING AND INVESTMENT PVT. LTD. For loan sanction, which would sanction, process and grant the Loan to the Customer(s), through the Platform.

"Company" or "we" shall mean Tushar Leasing and Investment Private Limited. a company incorporated under the Companies Act, 2013 having its registered office at 913-914 Best Sky Tower NSP Pitampura New Delhi 110034, India.

"Customer(s)" or "you" or "End-Users" shall mean any person who accesses, downloads, uses, views the Platform and the Services.

"Loan" shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by LENDER, subject to the applicable terms and conditions of the Loan Agreement.

"Loan Agreement" shall mean the loan agreement to be executed between LENDER and the Customer(s) for granting the Loan whether in physical or electronic form as may be applicable from time-to-time.

"Online Stores" shall mean Android Google Play, iOS App store or any other online store or portal where the App will be made available by the Company to the End-Users, from time to time.

"Outstanding Amount(s)" shall mean the Loan, interests and charges due and payable by you to LENDER, on respective due date(s).

"Platform" shall mean the App and the Website collectively.

"Services" shall mean the services of granting, sanctioning, lending of short-term or long-term loans, through the Platform by LENDER.

"Third Party Platforms" shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms.

"User Data" shall mean any data, information, documents or materials submitted with the Company prior to or during the use of the Services.

"Website" shall mean www.moneyinminutes.in, managed and operated by the Company for the provision of Services.

2. SERVICES

Through the Services, you may apply for the Loan, subject to the fulfilment of the eligibility criteria laid down in the Mobile App. You understand that the Company will collect, authenticate, track your location, verify and confirm the User Data, documents and details as may be required by LENDER to sanction the Loan. In order to avail the Services, you are required to register with the Company by logging in through your Third-Party Platforms ("User Account"). During the Application process, you shall be required to share and upload the User Data on the Mobile Application Form. User Data shall include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS, call logs and browsing history, data and login-in credentials of Third Party Platforms, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details ("Personal Information"). You agree that the Personal Information shall always be accurate, correct and complete. As part of the Services, you authorize us to import your details and Personal Information dispersed over Third Party Platforms to verify or authenticate. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from Third Party Platforms.

All transactions undertaken on your behalf by the Company will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis. You also authorise the Company to get your credit information report from one or more Credit Information Companies as decided by the Company from time to time. Once you verify and upload the User Data and/or other documents and details in the Mobile Application Form, the Company shall process the same. Upon the completion of the document verification by the Company, the Loan may be sanctioned by LENDER to you, subject to fitting eligibility criteria and other conditions set forth by LENDER for sanctioning the Loan. Thereafter, you are required to fill and upload the ECS/NACH mandate form/Cheque or any other document as may be required by LENDER. The Company may collect the physical documents including signatures on those documents required for sanctioning and processing the Loan. Upon the collection of documents by the Company, LENDER shall disburse the Loan subject to the terms and conditions of the Loan Agreement.

The sanctioned Loan shall be disbursed directly to the User’s bank account through electronic transfer within the stipulated time of 4 hours. You are required to repay the Outstanding Amount(s) to LENDER, on the respective due date(s) mentioned in the Mobile Application Form.

You understand and acknowledge that the Company reserves the right to track your location ("Track") during the provision of Services, and also in the event that you stop, cease, discontinue to use or avail the Services, through deletion or uninstallation of Mobile App or otherwise, till the event that your obligations to pay the Outstanding Amount(s) to LENDER exist. Deletion, uninstallation, discontinuation of our Services, shall not release you from the responsibility, obligation and liability to repay the Outstanding Amount(s).

You understand and acknowledge that you shall be solely responsible for all the activities that occur under your User Account while availing the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services. By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.

You understand and acknowledge that, you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the Services on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.

The User Data provided during the registration is stored by the Company for your convenience. You are not required to log-in to your User Account, every time, to use or access the Platform. You understand and acknowledge that by accepting these Terms, you authorize us to Track, fetch and use the User Data, including but not limited to your Personal Information, for the purpose of authentication and any updates with regards to your credentials.

3. REGISTRATION

Registration on the Mobile Application is not mandatory. The User can use his email id to register with the Mobile Application. The email id provided during registration can be of any Email service provider including but not limited to Gmail, and Yahoo mail. The User while registering would require submitting the following details:

  • a) Name
  • b) Unique login name
  • c) E-mail address
  • d) Gender
  • e) Date of birth
  • f) Mobile number
  • g) Passwords
  • h) Place of employment
  • i) Current Salary Slip
  • j) Pan card details
  • k) Bank Statements

You also have the option of linking your social media accounts, such as Your Facebook or Google Plus account with the Mobile Application. You must keep your account and registration details current and correct for communications related to your purchases from the Mobile Application.

You are solely responsible for all activities on the account and maintaining confidentiality of the details of your account. The Mobile Application will not be responsible for any activity arising due to mishandling of Your account either by you or by any other person. You will notify us for any unauthorized access on Your account. You will not look up or try to modify any account that is not owned by You.

4. ELIGIBILITY

Persons who are incompetent to contract including minors, un-discharged insolvents etc. are not eligible to use the Site.

However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Mobile Application reserves the right to terminate or refuse your registration, or refuse to permit access to the Site, if it is discovered or brought to its notice that you are a minor.

5. SECURITY

Transactions on the Mobile Application are secure and protected. Any information entered by the User when transacting on the Mobile Application is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Mobile Application in any manner.

6. LICENSE AND ACCESS

The Company grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Mobile Application or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

  • a. belongs to another person and to which you do not have any right;
  • b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • c. harms minors in any way;
  • d. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
  • e. violates any law for the time being in force;
  • f. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  • g. impersonates another person;
  • h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • i. threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
  • j. is misleading or known to be false in any way.

7. COMMUNICATIONS

By using this Mobile Application, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, e-mails, from us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Mobile Application even though you are registered with TRAI under do not disturb (NDNC category) which are subject to the Privacy Policy. The User agrees that the Company might record any call or conversation, between the User and any representative of the Company for quality training and monitoring purposes. The user agrees to receive promotional communication and newsletters from the Company and its partners.

This includes contacting you through information received through other parties. The use of this Mobile Application is also your consent to receive SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Mobile Application itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to mimcare@moneyinminutes.in.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Mobile Application.

8. PRICING

The membership of this Mobile Application is free and this includes the browsing of the site and the use of the services. However, we reserve the right to amend the charges for the services rendered. In case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.

9. USER OBLIGATIONS

You are a restricted user of this Mobile Application.

  • a. You agree not to use this platform to embezzle, launder or use the borrowed money for any illegal activity whatsoever.
  • b. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Mobile Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Mobile Application is not permitted.
  • c. You agree not to access (or attempt to access) the Mobile Application and/or the materials or Services by any means other than through the interface that is provided by the Mobile Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Mobile Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mobile Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Mobile Application. You acknowledge and agree that by accessing or using the Mobile Application or Services, you may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Mobile Application. Further, you may report such offensive content.
  • d. In places where this Mobile Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
    • 1. i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    • 2. ii. Engage in any activity that interferes with or disrupts access to the Mobile Application or the Services (or the servers and networks which are connected to the Mobile Application);
    • 3. iii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • 4. iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under the relevant laws of India.
    • 5. v. Post any file that infringes the copyright, patent or trademark of other legal entities;
    • 6. vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Mobile Application or another's computer;
    • 7. vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
    • 8. viii. Probe, scan or test the vulnerability of the Mobile Application or any network connected to the Mobile Application, nor breach the security or authentication measures on the Mobile Application or any network connected to the Mobile Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Mobile Application, or any other customer of the Mobile Application, including any Mobile Application account not owned by You, to its source, or exploit the Mobile Application or Service or information made available or offered by or through the Mobile Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Mobile Application;
    • 9. ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Mobile Application, system resources, accounts, passwords, servers or networks connected to or accessible through the Mobile Application or any affiliated or linked sites;
    • 10. x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
    • 11. xi. Use the Mobile Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Mobile Application or other third parties;
    • 12. xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • 13. xiii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;
    • 14. xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Mobile Application contained herein or elsewhere;
    • 15. xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • 16. xvi. Threaten the unity, integrity, defence, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
    • 17. xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;
    • 18. xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
    • 19. xix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.

You shall not engage in advertising to, or in solicitation of, other Users of the Mobile Application to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Mobile Application or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Mobile Application. It shall be a violation of these Terms of Service to use any information obtained from the Mobile Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Mobile Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Mobile Application. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE MOBILE APPLICATION AND IN YOUR PRIVATE MESSAGES. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Mobile Application. You hereby represent and warrant that you have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

10. DISCLAIMERS REGARDING SERVICES

The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You acknowledge and agree that the Company has no relationship with you other than to providing you with this service. At no time shall the Company have any right, title or interest to any bookings done by you. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the booked service and is not responsible for damages or delays.

11. REVIEWS, FEEDBACK AND SUBMISSIONS

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

12. COPYRIGHT AND TRADEMARK

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.

You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party Mobile Application, you do so entirely at your own risk and expense.

13. DISCLAIMER OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE MOBILE APPLICATION, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS MOBILE APPLICATION IS ON AN "AS IS" 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, THE MOBILE APPLICATION MAKES NO WARRANTY THAT

  • a. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  • b. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
  • c. ANY ERRORS OR DEFECTS IN THE MOBILE APPLICATION, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE MOBILE APPLICATION ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MOBILE APPLICATION IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE MOBILE APPLICATION ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR MOBILE APPLICATION WITH RESPECT TO THE THIRD-PARTY MOBILE APPLICATION OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

14. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS MOBILE APPLICATION/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US 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 OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE MOBILE APPLICATION, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL THE MOBILE APPLICATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE USEROR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE MOBILE APPLICATION, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. TERMINATION

This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Mobile Application. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.

Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for services already booked from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.

16. Consent to Communications

You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you provide to us. You also consent to us and any other owner or service of your account contacting you using any communication channel. This may include text messages, email, automatic telephone dialling systems, and/or an artificial or pre-recorded voice message. This consent applies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.

17. HOSTING OF THIRD-PARTY INFORMATION

The Mobile Application hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

18. COMPLIANCE WITH LAWS

All users shall comply with all the applicable laws applicable to them respectively for using the payment facility and the Mobile Application within INDIA or outside.

19. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

  • a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  • b. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at New Delhi, India.

20. PRIVACY

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which you provide on the Mobile Application are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose information you provide to Us at any stage during Your use of the Mobile Application. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

21. MISCELLANEOUS PROVISIONS

  • a. Entire Agreement: The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by the User and shall constitute the entire agreement and understanding of the User with respect to each service and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
  • b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  • c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

22. CONTACT US

If you have any questions about this Agreement, the practices of the Mobile Application, or your experience with the Service, you can e-mail us at mimcare@moneyinminutes.in.

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