By accessing or using the Website (“Website”), you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law, whether or not you are a registered member of the Website. As used herein, “Users” shall mean anyone who uses or accesses the Website on any computer, mobile phone, tablet, console or other web-enabled device (collectively, “Device”). Your continued use of the Website shall be constituted as your acceptance to the T&C as revised/updated from time to time. If you do not agree with these T&C, please do not use or access this Website. For the purposes of these T&C, “we”, “our” and “us” shall mean Tata Capital Financial Services Limited (“Company”), and/or third-party service providers engaged by the Company to render certain services on the Website and “you” and “your” shall mean a User who meets the eligibility criteria set out below.
1.1. We reserve the right to change, alter, edit or remove the information provided on or via the Website, including these T & C, at any time and without notice. It is recommended that you review the information provided on or via the Website, including the terms of this disclaimer, periodically for changes. We shall not be held responsible for all or any actions that may subsequently result in any loss, damage and/or liability on account of such change in the information on this Website. Your access and use of this Website following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. Though we shall endeavour to ensure that information contained on the Website is obtained from sources which, we feel, are reliable, we do not warrant such information’s completeness or accuracy.
2.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use this Website if you are not competent to contract under the applicable laws, rules and regulations.
2.2. If you represent a company, partnership firm, limited liability partnership or sole proprietorship, you shall be eligible to access this Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
2.3. Receiving a certain number of Salaams (votes) on your Salaam Loan application does not make you or your nominee eligible for a loan, it is only a qualification criteria. Eligibility of all Salaam Loan applicants will be assessed independently by Tata Capital Financial Services Limited as per internal norms. The offer can be modified or withdrawn by TCFSL at its sole discretion.
3.1. All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“Website Content”), constitute our, our group companies’ and/or our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and the Website Content.
3.2. The content on this Website should not be regarded as an offer, solicitation, invitation, advice or recommendation to avail any instrument or financial products / schemes of the Company, or any of its affiliates.
3.3. Products and Services are available only at the discretion of Company, 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 full range of products or services may not be available in all locations.
3.4. 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 the Company and its affiliates as the case may be, and applicable Indian laws. These charges, fees and rates may change depending upon the assessment made by the Company in individual cases upon receiving necessary information and documents.
3.5. You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided for herein.
3.6. We and/or our licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
4.1. You have an option to set a security passcode on the Website once you are approved for a credit limit. You are responsible for maintaining the confidentiality of the passcode and Account, and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
4.2. You hereby agree to undertake the process detailed herein in order to complete de-registration from the Website. If and when you are desirous of having your name and other details removed from the records of the Website, you may make a written request to that effect to the Company which shall then process the request further. Deletion and/or termination of your account shall not relieve you of obligations or liabilities incurred prior thereto.
5.1. Through the Website, the Company offers various financial products and services.
5.2. The Website provides the facility of granting loans to its visitors, subject to verification and the standard loan application process (“Loan”).
6.1. Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using prerecorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the Website. 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.
6.2. 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 else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided 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).
7.2. The Website is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Website or any deliverable generated by the Website; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Website; and/or (iii) create derivative works of the Website.
7.3. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
7.4. You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Website. Also, you shall not reverse engineer or reverse compile our technology that is available on the Website.
7.5. You shall request the Company, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
7.6. You are responsible for any and all activities that occur in your Account. You agree to notify the Company immediately of any unauthorized use of the Account or any other breach of security. The Company shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform the Company, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
7.7. You shall be liable for losses incurred by the Company or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and the Company.
7.8. The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company 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.
7.9. 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 the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
7.10. You understand and acknowledge that upon using the Website, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Website, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSE AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
8.1. You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website, violation of these T&C or of applicable law, and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
9.1. You authorize the Company to undertake verification procedures to confirm your personal identity, your bank account, your social status and any other information that you provide to the Company through the application. You also accept that the Company may provide your information to a third party to conduct information and identity verification and you hereby authorize the Company to request and obtain data from a third party to verify any information provided in the application.
9.2. You agree that you will not, in connection with your loan application-
(a) make any false, misleading or deceptive statements or omissions of material fact in the listing;
(b) misrepresent identity, or describe, present or portray yourself as a person other than your own self;
(c) give to or receive from, or offer or agree to give to or receive from any person any fee, bonus, additional interest, kickback or thing of value of any kind; or
(d) represent yourself to any person, as a representative, employee, or agent of the Company, or purport to speak to any person on behalf of the Company.
10.1. The Website and the functions and features therein are provided on an “as is” and on an “as available” 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.
10.2. The Company shall make reasonable efforts to make available the Website and the functions and features at all times. However we make no warranty that the Website 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.
10.3. The Company 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 the Company, 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.
10.4. Any material downloaded or otherwise obtained through the Website 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&C.
11.1. In no event shall we be liable 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 Website’s functions and features or those of any linked site or for interruptions, delay, inability to use, etc. howsoever arising or for defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with the Website, its content or associated services, even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the Website, any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the Website, or inability to use the Website, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.
12.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these T&C. Under such circumstances, the Company and its affiliates’ (and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.
12.2. The Company may terminate the use of the Website at any time after giving notice of the termination to you.
12.4. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Website.
13.1. You hereby agree, permit and consent with the Company to uploading of details and documents on the Website or providing the same through internet / email to the email address provided by you at the time of account opening or subsequently modified by way of a written communication. For the sake of clarity all of the above documents are referred to as “Digital Documents”. You acknowledge that once Digital Documents are uploaded/mailed by the Company at your email address registered with it, it shall be deemed to have been received by you and hence there will be no further requirement on the part of the Company to send the same physically in the paper based format. You hereby acknowledge that you have read and understood the following points governing issuance of the Digital Document by the Company:
(a) For the purpose of the above, the email address used would be the same as provided by you at the time of Account opening. Any change in the email address shall be immediately intimated by you to the Company by editing us your profile information through the Website.
(b) You shall access the digital documents electronically. You understand that it is your responsibility to review all such digital documents. All information contained therein shall be binding on you, if you do not object, either in writing or via electronic mail within 24 hours after any such documents are made available to you.
(c) You agree that, the Company fulfils its legal obligation to deliver to you any such document if sent via electronic delivery.
(d) You agree that the Company shall not be responsible for non-receipt of Document(s) sent via electronic delivery due to change in/incorrect email address provided by you for the purpose or for any other reason which inter alia include insufficient space in your inbox, technical reasons or malfunction of your computer system(s), server/internet connection etc. It shall be you responsibility to intimate the Company of any change in your e-mail account(s).
(e) The Company shall not be liable or responsible for any document or statement received from frauds or impostors or any consequences thereof.
(f) The Company shall not be liable for any problem, which arises at your computer network because of you receiving any such statement from the Company.
(g) You understand and agree that the Company shall be entitled to charge to you fees / charges for sending such Documents. Such fees and charges shall be intimated to you from time to time by the Company.
(h) You acknowledge and accept that the internet is not a fully secured or a protected medium of communication and provision of services due to the public nature of the communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. You acknowledge and further accept that, as a result of such restraints or limitations, there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet service or any communication equipment or facilities, errors, omissions or delays in the transmission and receipt of data and information. There are also other risks involved such as in the unauthorized access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including your personal data. You agree that the Company shall not be liable / responsible for such matters and resultant losses under any circumstances.
14.1. You hereby irrevocably agree and consent to the Company and/or the Website disclosing to or publishing with any agencies, bureaus, companies, firms, associations, corporate or unincorporated bodies and other persons including any outside agencies and credit bureaus (whether for its own use or for onward communication or disclosure by them to others) including but not limited to Credit Information Bureau Limited (“CIBIL”) or any other agency authorized by Reserve Bank of India (“RBI”) in this behalf, any information or details whatsoever concerning you including your accounts, your financial relationship and history with the Company, the manner of operation of the your account(s), the debit or credit balance in any and all your accounts, any default(s) by you, or any other financial relationship or Loans granted or to be granted to you and/or the identities, ages, addresses, telephone and fax numbers and other information of or relating to you (hereinafter collectively referred to as “Information”). You shall not hold the Company and/or the Website responsible for sharing and/or disclosing the Information now or in the future and also for any consequences suffered by you and/or others by reason thereof.
14.2. You shall not hold the company responsible for promoting the nominee’s details such as name, location and their stories on various social media networking platforms.
14.3. You shall also not hold the Company responsible for addition/modification of the story of the nominee.
14.4. You undertake that CIBIL or any other agency so authorized may use/process the said information and data disclosed by the Company and/or the Website in the manner as may be deemed fit by them. CIBIL or any other agency so authorized may furnish for consideration the processed information, data and products thereof prepared by them to banks, financial institutions or other credit granters or registered users as may be specified by RBI in this behalf.
15.1. Any failure on the part of the Company to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
16.1. You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of the Company. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of the Company. Any assignment or transfer in violation of this clause will be deemed null and void.
17.1. This Website may contain links to other websites of affiliate companies of the Company or controlled or offered by third parties, in order to help you find relevant 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 the Company. The Company is also not responsible for the owners or operators of such 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 website to which this Website includes a link infringes the intellectual property rights of any third party).
17.2. You must comply with any applicable third party terms of agreement when using the Website (e.g. you must ensure that your use of the Website is not in violation of your Device agreement or any wireless data service agreement).
19.1. Clause, headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of these T&C. Words importing the plural shall, except where the context otherwise requires, include the singular and vice versa.
21.1. The Company reserves the right to update the Website, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time.
22.1. These T&C shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the Account.
23.1. This Website and the T & C shall be governed by and construed in accordance with all applicable laws of India. All disputes arising out of or in connection with this disclaimer or use of this Website shall be submitted to the exclusive jurisdiction of the courts of Mumbai.