IGNOSI SYSTEMS PRIVATE LIMITED, having its registered office at House No. 6, Sigma Commerce Zone, Nr Galops Mall, Iscon Cross Road, S G Highway Jodhpur, Ahmedabad-380015, Gujarat (“Company” or “we” or “us”), is the owner of the progressive webpage application titled ‘Ignosi” available at www.ignosis.ai respectively (collectively referred as “Platform”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
“Company,” “we,” “us,” or our” means Ignosi Systems Private Limited and any other companies that are its subsidiaries and affiliates.
“Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “you” shall mean any natural or legal person who accesses or uses the Platform and in the event that a natural person is representing a business entity or a body corporate, reference to such terms shall include a reference to such business entity and/or body corporate as well and other promoters of such business entity and/or body corporate. All references to “You” shall include yourself and any other persons You are authorised to and required to provide consent for.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform/Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service, TOS, made herein shall refer to the latest version of the Terms of Service.
3. Service(s) provided to Users
The Company is providing a platform a Tech Platform to Lenders, DSAs and Ecommerce Platforms where a user can apply for the loan.
Company, may upon prior intimation or without prior intimation, and reserves the right to modify the Services provided to Users. In the event of such modifications/amendments to the Services, the same shall be published on the Platform.
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts.
5. User Account Registration
User who is at least 18 years of age may create an account and avail the Services. In order to use the Platform, you have to create an account (“Account”). You hereby declare that you are a human being and not a “bot”.
You can create Account by signing up on the Platform using your phone number / email id as the case maybe, and entering your current city and state you are residing in.
You confirm that all information given to Us is true, correct and not misleading. You agree to provide any additional documents to Us or any of its partners as may be required from time to time.
6. Platform License
Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS.
7. Additional Conditions for Loanees
If you are a User who is a loanee and has applied for a loan under the Platform, you agree that in addition to these Terms and Conditions, you will also be bound by the terms and conditions applicable to individuals who apply for loans through the Company. You also hereby expressly consent to the Company and Financial Institution and any entity engaged by the Company to provide the Services having access to your financial data such as your credit score and other information that is required in order to determine your loan eligibility. The application for a credit facility (“Facility”) is made to a financier, or any person(s) who provides a facility pursuant to this declaration (“Financial Institution”, which expression, wherever the context requires shall mean more than 1 (One) Financial Institution) with Company assistance
The access to the Platform is free of cost and the Company is not charging any fees for usage of Platform. However, the lender or ecommerce platform might charge the fees to user.
Each Party shall comply with applicable tax laws, be liable to fulfill its tax obligations and incur tax, charges, cost and fees as applicable.
9. Use of Your Information and Content and other content displayed on the Platform
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
You agree to only provide such information that does not violate the law or any person’s rights (including intellectual property rights).
10. Third Party Services
The Company shall provide Users to connect with third party service providers, Financial Institutions. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
11. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws.
Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is 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; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
12. Alerts Provided by The Company
The Company provides you with multiple automatic alerts while providing Services.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
13. Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Obtaining feedback in relation to Platform/Services.
- Resolving any complaints, information, or queries by other Users; and
- You agree to provide your fullest co-operation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.
14. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
15. UIDAI Related Declarations
User the holder of the Aadhaar number stated herein, hereby voluntary give his/her consent to the Company / Financial Institution to obtain and use User Aadhaar number /Name/ Aadhaar Virtual ID and Fingerprints/Iris and User Aadhar details to authenticate him/her with unique identification Authority of India (UIDAI) as per Aadhaar Act, 2016 and all other applicable laws (‘Aadhar Details’). User understand that furnishing of Aadhaar Details might be mandatory for the processing of User Facility and related Services.
The Company / Financial Institution has informed User that his Aadhaar details and identity information would only be used for demographic authentication, validation, e-KYC purpose and OTP authentication for availing Services from the Company / Financial Institution. A record of the search may be retained as per applicable laws for usage by the Company/ Financial Institution for KYC verification or Aadhar based authentication or for enforcement /compliance of the Company/ Financial Institution rights and obligations under applicable laws. User shall not hold the Company [or any of its group/ related entities/ or its their agents/ representatives/ service provider] liable for the use/ sharing of the information and details for any purpose mentioned herein in accordance with applicable laws.
User hereby give his/her expressed and unequivocal consent to the Company/ Financial Institution to retrieve/ procure such data/ details from UIDAI for the purposes of verifying User data/details/identity. User hereby further authorize the Company / Financial Institution and its service providers that to do so. The Company/ Financial Institution and/or the service provider may check the details that User have supplied against any particulars to UIDAI.
User hereby state that User have no objection in authenticating his/her details with Aadhar based authentication system and hereby consent to and authorize the Company/ Financial Institution to retrieve User personal details from UIDAI for Aadhar based authentication for the purpose of generation of E-sign, for registration of e-mandate and for validating User consent to the terms and conditions of the definitive agreements for the Services of the Company/ Financial Institution.
The Company/ Financial Institution has also informed that User’s biometric details will not be stored /shared and will be submitted to Central Identities Data Repository (CIDR) only for the purpose of authentication.
User also authorize the Company/ Financial Institution to link and authenticate User Aadhar number to all its Services of the Company/ Financial Institution as may be opened in the future in addition to the those mentioned herein
User declare that the details submitted by User in the Aadhaar letter are accurate, current and complete. User will not hold the Company/ Financial Institution and any of its officials responsible in case of any incorrect information provided by User.
User understand that the Company/ Financial Institution and the service providers shall ensure security, protection, confidentiality and access of User personal data provided for the purpose of Aadhaar based authentication / KYC verification and other Services as mentioned above in accordance with applicable laws.
User agree that the information shared under this declaration shall be retained/ stored/ transmitted/ furnished by the Company as per applicable laws. User understand that User can revoke the authorization / consent provided herein (for storing/sharing) to the Company/ Financial Institution prior to the availing of Services by User from the Company/ Financial Institution by following the processes prescribed on its website.
By signing/ accepting this Letter of Declaration, User is deemed to have accepted, read, understood and agreed to be bound by the terms (including amendments thereof) governing the Facility as determined by the Financial Institution in its sole discretion.
User voluntarily opt for Aadhaar offline verification, and submit to the Company XML, Masked Aadhaar and/or Aadhaar registered mobile number (collectively, “Information”).
User has been informed by the Company, that:
- submission of Aadhaar is not mandatory, and there are alternative options for KYC and establishing identity including by way of physical KYC with officially valid documents other than Aadhaar. All options were given to User; and
- upon initiating offline verification, UIDAI will share with the Company, name, date of birth, address, photo and gender which shall be used for the informed purposes mentioned below.
User authorise and give his/her consent to the Company (and its service providers and associated Financial Institution s), for following purposes:
- KYC and periodic KYC process as per the PML Act, 2002 and rules thereunder and RBI guidelines, or for establishing my identity, carrying out his/her identification, OTP authentication for availing Services from the Company/its associated Financial Institution s, offline verification as may be permitted as per applicable law, for all accounts, facilities, Services and relationships of/through the Company, existing and future;
- handling the information and verification/identification records as per applicable law: (i) for the purposes above, (ii) as well as for regulatory and legal reporting and filings and/or (iii) where required under applicable law;
- enabling User account for Aadhaar enabled Payment Services (AEPS);
- producing records and logs of the consent, Information or of authentication, identification, verification etc. for evidentiary purposes including before a court of law, any authority or in arbitration.
The Company has also informed that User Aadhar number will not be stored /shared in violation
User will not hold the Company/its associated Financial Institutions/its service providers or its officials responsible in the event this document is not found to be in order or in case of any incorrect information provided by User.
User hereby state that User have no objection in authenticating his/her details with Aadhar based authentication system and hereby consent to and authorize the Company/ Financial Institution to retrieve his/her personal details from UIDAI for Aadhar based authentication for the purpose of generation of E-sign, for registration of e-mandate and for validating User consent to the terms and conditions of the definitive agreements for the Services of the Company/ Financial Institution.
The above consent and purpose of collecting Information has been explained to User in his/her local language.
16. Central KYC Registry Related Declarations
User hereby give his/her/its expressed and unequivocal consent to the Company/Financial Institution to retrieve/ procure/download his/her/its KYC data/ details from Central KYC registry for the purposes of verifying/establishing his/her/its data/details/identity as per applicable law. User hereby further authorize the Company / Financial Institution and its service providers to do so as per applicable law. The Company/ Financial Institution and/or the service provider may check the details that User have supplied against any particulars to Central KYC registry.
In this regard, User represent and warrant that the declarations made above by User have been made in his/her/true and lawful capacity and further recognize that the Financial Institution and/or the Company will rely on the correctness and accuracy of the declarations made by User in this declaration. User acknowledge that any inaccuracies or falsehoods in the declarations made by User and/or information provided by User shall give an unconditional right to the Financial Institution, at any point in time, to cancel the Facility and exercise all rights available to such Financial Institution against User under applicable law.
17. Representations, Warranties and Undertakings
- You represent that You are above 18 (eighteen) years of age, of sound mind and resident Indian citizen/incorporated in India and are competent to execute these TOS and are entering into these terms without any pressure or coercion;
- You are a tax resident of India;
- These TOS are a legal, valid and binding obligation on You, enforceable against You;
- If You choose to access the Platform from locations other than India, You shall do so at Your own risk, and You would be solely liable and responsible for compliance with applicable local laws and regulations of such location/territory. We accept no liability whatsoever, direct, or in director consequential, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through the internet by You in a country other than India will not be interpreted to imply that the laws of the said country govern the terms of these Terms and Conditions and/or use of the Platform;
- You hereby represent that you are not a Politically Exposed Person resident outside India as provided in the Reserve Bank of India’s (“RBI”) Master Direction – Know Your Customer (“KYC”) Direction, 2016 and/or in contravention of other Anti- Money Laundering (“AML” ) standards/Combating Financing of Terrorism (“CFT”) as may be prescribed under applicable laws, or in contravention of the obligation of banks and financial institutions under Prevention of Money Laundering Act, 2002 (“Politically Exposed Person”) from time to time, and You are otherwise in compliance with the provisions of the Prevention of Money Laundering Act, 2002 and the RBI Master Direction – KYC Direction, 2016 in all respects.
- The information and data contained in this Platform does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services in any jurisdiction other than India;
- You confirm that You are authorised and not restricted by any legal/regulatory/judicial/quasi-judicial/other authority, to access the Platform and avail of the facilities offered thereon, including to execute transactions. You agree to use the Services only for purposes that are permitted by: (i) these Terms and Conditions; and (ii) any applicable law;
- The information provided by You is correct, true and accurate;
18. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
- violating or attempting to violate the integrity or security of the Platform;
- transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- Any unlawful activities in the Platform which are prohibited by laws of India.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records as per applicable laws for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
Company and User Materials
While rendering Services, Company directly or through its representatives, or through its Financial Institutions, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written content, (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.
The Company offers an email-based support system along with an online knowledge pool of FAQs. In case you require any assistance or support, you may access support resources or contact our support by emailing at email@example.com and raise a ticket for your query.
The Company shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Company in no manner warrants or guarantees the performance of the financing partner and/or the Financial Institutions and You acknowledge that the Company shall in no manner be responsible for any claim of money or damages in the event the financing partner or the Financial Institutions fails to grant any You with access to credit facilities.
The Company does not make any representations or warranties on behalf of any of its financing partners or Financial Institutions.
The Company does not guarantee that any identified defects will be corrected, that the Platform is free from viruses or other malicious, destructive or corrupting code, non- infringement of third-party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose.
Although the Company adopts security measures it considers appropriate for the offer of its Services, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to Your account. The Company will not be responsible or liable if any unauthorized person hacks into or gains access to Your account;
Any material/information downloaded or otherwise obtained through the use of the Company’s Platform or Services is done at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system 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 the Company or through or from the use of Services or the Company Platform shall create any warranty. The Company shall have no liability in this respect.
The Company’s obligations under these Terms and Conditions are subject to following limitations:
- messages that originate from the server of the merchant/financing partner/Financial Institution or the server of a third party designated by merchant/ financing partner/ Financial Institution (e.g., a host) shall be deemed to be authorized by the merchant/ financing partner/ Financial Institution, and the Company shall not be liable for processing such messages;
- messages that originate from You are deemed to be authorized by You and the Company shall not be required to check its veracity and the Company shall not be liable for processing such messages;
- the Company shall not be responsible for the security of data residing on the server of the merchant/ financing partner/ Financial Institution or a third party designated by the merchant/ financing partner/ Financial Institution (e.g., a host) or on the server of You or a third party designated by a merchant/customer / financing partner/ Financial Institution (e.g., a host);
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
25. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
The Company will not be liable to You for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to Your access to and/or use of the Company’s Platform or Services, hacking or unauthorized access to the Company’s Platform, Services, non-availability of connectivity between the Company site and the merchants, etc.
The Company shall have no liability for any failure or delay in performing its obligations under this facility if such failure or delay: (i) is directly caused by the merchant/ financing partner’s/ Financial Institution’s acts or omissions; (ii) results from actions taken by the Company in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on cardholders/accounts; or (iii) is caused by circumstances beyond the Company’s control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of Force Majeure Event.
26. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
- your failure to cooperate;
- your unavailability and/or unresponsiveness;
- your failure to provide accurate and complete information;
- your failure to provide or facilitate the submission of User Materials in timely manner;
- any event beyond Company’s reasonable control.
27. Governing Law
These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located at Ahmedabad, India.
Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
The Company shall not be liable for any failure to perform any of its obligations under the Terms and Conditions or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
29. Grievance Redressal Mechanism
In case the User has any grievance about any of the aspects concerning the Services availed, he/she/it shall first bring it to the notice of Ankesh Saha on firstname.lastname@example.org.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Mr. Ankesh Saha
Email ID: email@example.com
Address: House No. 6, Sigma Commerce Zone, Nr Galops Mall, Iscon Cross Road, S G Highway, Jodhpur, Ahmedabad, Gujarat 380015
If you have any questions regarding the Services or usage of the Platform, please contact Company at www.ignosis.ai