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Indian School Finance Company Private Limited

TERMS OF USE

 

  1. General Overview
    1. This Platform for usage on your electronic device has been provided to you by Indian School Finance Company Private Limited, a non-banking finance company incorporated under the Companies Act, 1956 (the “Company”). The terms “we”, “us” and “our” refer to the Company. This Terms of Use is applicable to all persons who access, use and/ or avail any products and/ or services from the Company (collectively, the “Services”) through our mobile applications, websites, mobile sites and other online channels and through other interactions and communications with the Company or its agents or affiliates (collectively, the “Platform”). This Terms of Use is applicable to all users of the Services from any Platform.
    2. The Terms of Use and the Privacy Policy and any other applicable polices (the “Policies”), as updated from time to time, govern your access and use of our Platform and Services.
    3. This Terms of Use is a legally binding contract between you and the Company regarding the terms of access and use of our Platform and Services (“Agreement”). You may request a .pdf copy of this Terms of Use by emailing us at customersupport@isfc.in.
    4. Please read the Terms of Use carefully. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Terms of Use. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services. If you do not agree with the Terms of Use or any other Policies, please do not access or use any of the Platforms or Services.
    5. Upon your consenting to the Terms of Use and the Policies of the Company (which are incorporated by reference into this Terms of Use), the Company hereby grants you a limited, personal, worldwide, revocable, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by these Terms of Use and the Policies.
  2. Access to the Services
    1. You must ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorised use or other security breach relating to your login identification.
    2. We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Terms of Use or any other Policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.
    3. You consent to any collection, use or disclosure of personal information or personally identifiable data required to provide you with access to the Services or to deliver the Services to you, as per the Privacy Policy of the Company.
    4. You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically, to facilitate the provision of software updates, product support, and other services to you (if any). We may use this information as per the Privacy Policy of the Company, including to improve our products or services or technologies.
    5. The operation of our Services includes periodic delivery to you of offers or other information that may be of interest to you based on your stated preferences or your location. To the extent possible, you may discontinue receiving such information at any time by updating your preferences on the Platform.
    6. Any new features, tools, products or services which are added to the Services shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Services. It is your responsibility to check the Services periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.
  3. Usage of Services
    1. Any and all content displayed on, or transmitted via, the Services provided to you is on a ‘as is’ basis and your access to and use of the Services and any content therein is at your own risk. You may access the content solely for your information and personal use. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any content on any Platform for any other purposes.
    2. You shall not reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof.
    3. You understand that when using the Services, you will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content on the Platform. The Company may, but is not obligated to, monitor or control the content posted on the Platform and/ or via the Services. Any use or reliance on any content posted on the Platform and/ or via the Services or obtained by you through in any other manner is at your own risk. You further understand and acknowledge that you may be exposed to content which you may deem inaccurate or objectionable; and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto. To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its owners, officers, directors and employees to the fullest extent regarding all matters relating to your use of the Services and any content posted by you by access to, or use of the Platform and/ or the Services.
    4. Usage of our Services should not replace your good judgment and common sense. In any of any concerns and queries, please immediately contact us at customersupport@isfc.in, along with the necessary details. Additionally, please read and comply with all terms and notices that accompany the Company’s products or these Services.
  4. Services
    1. The Services to be rendered by the Company will vary from time to time; as will be the nature of products and/ or services being provided on the Platform. The pricing for the Services, wherever applicable, are subject to change without notice.
    2. We reserve the right to limit our Services to any person, geographic region or jurisdiction. We may also exercise this right on a case-by-case basis. We reserve the right to limit the quantity or the nature of any Services that we offer. All descriptions of the Services or their pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify, discontinue, suspend or cancel any Service at any time.
    3. The minimum age for a user to be registered for the Services is the age of contractual consent under applicable law or 18 years, whichever is lower.
    4. The Company currently merely facilitates various digital financial products and services to you, which products and services are provided by various third-party financial institutions. The Company assumes no responsibility and shall incur no liability in the event of default, failure or error in the transaction of sale or services executed with third parties via the Company’s Platform. The Company further neither provides any assurance of any products or services nor does the Company warrant as to its terms and conditions and as to whether it would meet your expectations and requirements.
    5. We do not warrant that the quality of any products, services, information, or other material accessed, availed or used by you in relation to the Platform or Services will meet your expectations, or that any issues or errors in the Services will be corrected, or corrected to your satisfaction.
  5. Intellectual Property
    1. All rights, title and interest in and to the Platform and Services are and will remain the exclusive property of the Company. The Services are protected by copyright, trademark and other Indian laws. Nothing in these Terms of Use or any Policies gives you a right to use the name or any of the trademarks, logos, domain names, distinctive brand features or any other intellectual property rights of the Company. All the data and information arising out of, and in relation to the access and use of the Platform and the Services shall be the property of the Company; and the Company shall be vested with all rights, title and interests thereto. The Company shall have the right to use such data and information in the manner it deems fit, subject however, to the Privacy Policy.
    2. Any feedback, comments, or suggestions you may provide regarding our Services is entirely voluntary and we will be free to use such feedback comments or suggestions as we see fit and without any obligation to you.
    3. You acknowledge and accept that your use of our Services is limited solely to your personal and non-commercial use. The usage of our Services does not implicitly or expressly transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through our Services for any other use or purpose without our prior written consent.
  6. Prohibited Uses
    1. In addition to other restrictions and prohibitions as set forth in the Terms of Use and any restrictions and prohibitions under applicable laws, you are prohibited from using the Service for:
      1. any unlawful purpose;
      2. soliciting others to perform or participate in any unlawful acts;
      3. violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
      4. infringing upon or violate our intellectual property rights or the intellectual property rights of others;
      5. harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating any person (irrespective of whether or not such a person is a user of the Services or otherwise) based on gender, sexual orientation, religion, caste, ethnicity, race, age, national origin, disability, or on any other account;
      6. submitting any false or misleading information;
      7. uploading or transmitting viruses or any other type of malicious data or any code that will or may be used in any way that will affect the functionality or operation of the Service or of any Platform or any other related websites or applications;
      8. collecting or tracking the personal information of others;
      9. any spamming, phishing, web crawling or spidering or scraping;
      10. any obscene or immoral purpose; or
      11. interfering with or circumventing the security features of the Service or any related applications.
    2. We reserve the right to discontinue, suspend or terminate your use of the Services for violating any of the prohibited uses or restricted uses.
  7. Disclaimer of Warranties; Limitation of Liability
    1. We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free.
    2. We do not warrant in any manner that the results that may be obtained from the use of theServices will be accurate or reliable or effective in nature. You understand and accept that thereliance on the content obtained from the Services or the output from the Services is solely atyour own judgement and risk, and you shall not hold the Company liable for the same in anymanner whatsoever.
    3. You agree that, from time to time, we may suspend, modify, restrict or remove our Services foruncertain or indefinite periods of time or cancel the Services at any time, without notice to you.
    4. You expressly agree that your use of, or inability to use, the Services is at your sole risk. TheServices delivered to you are (except as expressly stated by us) provided on an 'as is' and 'asavailable' for your use, without any representation, warranties or conditions of any kind, eitherexpress or implied, including all implied warranties or conditions of merchantability,merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    5. No advice or information, whether oral or written, obtained by you from the Company orthrough its Services or the Platform will create any warranty or guarantee other than thoseexpressly stated herein.
    6. You acknowledge that third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible forexamining or evaluating the content or accuracy of such sites or pages or applications, and wedo not warrant and will not have any liability or responsibility for any third-party materials orwebsites or pages or applications, or for any other data, information, products or services of anythird-parties.
    7. We may provide you with access to third-party tools over which we neither monitor nor haveany control nor input. You acknowledge and agree that we provide access to such tools “as is”and “as available” without any warranties, representations or conditions of any kind andwithout any endorsement. We shall have no liability whatsoever arising from or relating to youruse of optional third-party tools. Any use by you of optional tools offered through the Platformis entirely at your own risk and discretion; and you should ensure that you are familiar with andapprove of the terms on which tools are provided by the relevant third-party provider(s).
    8. In no case shall the Company, its affiliate entities, directors, officers, employees, affiliates,agents, contractors, interns, suppliers, service providers or licensors be liable for any injury,loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages ofany kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort (includingnegligence), strict liability or otherwise, arising from your use of any of the Services or anyproducts or services procured using the Services, or for any other claim related in any mannerto your use of the Services, including, but not limited to, any errors or omissions in any content,or any loss or damage of any kind incurred as a result of the use of the Services or any content(or product) posted, transmitted, or otherwise made available via the Services or on thePlatform, even if advised of their possibility.
    9. No agent, or employee of the Company is authorized to make any modification, extension, oraddition to the warranty extended by the Company to you with respect to any of its products orServices.
  8. Indemnification
    1. You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates,partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,suppliers, interns and employees, from any losses, injuries, claims, demands, proceedings,penalties, interests, costs and expenses, including attorneys’ fees, made by any third-party dueto or arising out of your breach of these Terms of Use or the Policies of the Company or thedocuments they incorporate by reference, or your violation of any law or the rights of a third-party.
    2. The indemnification rights of the Company shall be in addition to any rights that may beavailable to the Company under applicable law (including injunctions and specific performancereliefs), none of which shall be affected in any manner whatsoever.
  9. Consent for validation of PAN
      By providing your PAN number to the Company on the website or the mobile application, you provide consent to the Company, its lending partners and its service providers to share, store, check your PAN card credentials through NSDL e-Governance Infrastructure Limited as part of the assessment of your loan application.
  10. Consent for Aadhaar
      By providing Addhaar number and the corresponding data to the Company on the website or the mobile application, you agree to the following:
    1. You have 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. You agree that all other options were provided to you.
    2. For e-KYC/authentication/offline verification, the Company will share Aadhaar number and/or biometrics with a third party authentication provider and they will share with the Company the authentication data, Aadhaar data, demographic details, registered mobile number, identity information, which shall be used for the informed purposes mentioned in 3 below.
    3. You authorise and give your consent to the Company (and its service providers), for following informed purposes:
      1. KYC and periodic KYC process as per the PML Act, 2002 and rules thereunder and RBI guidelines, or for establishing your identity, carrying out your identification, offline verification or e-KYC or Yes/No authentication, demographic or other authentication/verification/identification as may be permitted as per applicable law, for all accounts, facilities, services and relationships of/through ISFC, existing and future.
      2. collecting, sharing, storing, preserving Information, maintaining records and using the Information and authentication/verification/identification records: (a) for the informed purposes above, (b) as well as for regulatory and legal reporting and filings and/or (c) where required under applicable law;
      3. 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.
    4. You understand that the Aadhaar number and core biometrics will not be stored/ shared except as per law and for CIDR submission. You have downloaded the e-Aadhaar myself using the OTP received on your Aadhaar registered mobile number. You will not hold the Company 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 me.
  11. Consent for providing the checking the information from the Credit Information Companies
    1. By providing your personal details and consenting to these Terms of Use, you consent the Company and its lending partners to fetch your credit information from any of the four Credit Information Companies-Credit Information Bureau (India) Ltd, Equifax Credit Information Services Pvt. Ltd, Experian Credit Information Co. of India Pvt. Ltd, and CRIF High Mark Credit Information Services Pvt. Ltd. (collectively known as “CICs”).
    2. You do hereby give your free consent and authorize the Company and its lending partners by providing your personal information to obtain your Credit Information Report and Credit Score from any of the CICs for the purpose of evaluating your loan application and not for any other purposes. You hereby unconditionally consent to and instruct all the CICs to provide your credit information to you, the Company and its lending partners on a one-time basis and this consent shall be valid for 1 (one) month after accepting these Terms of Use. You also acknowledge that you shall not raise any claim or hold liable any of the CICs in relation to your Credit Information Report and Credit Score provided or to be provided by any of the CICs to the Company and its lending partners. You understand that you have the option to opt out/unsubscribe from the service.
    3. In connection with submission of the application for your credit information (“Consumer Credit Information”) offered by any of the CICs through the Company” and delivery of the Consumer Credit Information to the Company, you hereby acknowledge and agree to the following:
      1. The Company is your lawfully appointed agent and it has agreed to be your agent for the purposes, including, without limitation, to receive the Consumer Credit Information from CICs on your behalf and use it in the manner consistent with the Agreement entered into between the Company and CICs, and the Company has granted its consent for being appointed for the aforesaid purpose.
      2. You grant your unconditional consent to the Company to receive the Consumer Credit Information from CIC on your behalf and use it in the manner consistent with the consistent with the Agreement entered into between the Company and CIC, as the case may be, and the Company has granted its consent for being appointed for the aforesaid purpose. You hereby represent and acknowledge that: (a) You have carefully read the terms and conditions of the Agreement entered into between the Company and CIC understood the same; or (b) the Terms of Understanding in relation to the use of the Consumer Credit Information has been agreed between you and the Company.
      3. You hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer your Consumer Credit Information to the Company on your behalf.
      4. You shall not hold CIC responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) delivery of your Consumer Credit Information  to the Company; (b) any use, modification or disclosure by the Company  of the contents, in whole or in part, of your Consumer Credit Information, whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of your Consumer Credit Information  to the Company ; (d) for any use made by the Company which is contrary to the Agreement entered into between the Company and CIC
      5. You acknowledge and accept that: (a) CIC has not made any promises or representations to you in order to induce you to provide your Consumer Credit Information or seek any consent or authorization in this regard; and (b) the implementation of the Agreement between CIC and the Company is solely the responsibility of the Company.
      6. You agree that You may be required to record your consent / provide instructions electronically and in all such cases You understand that by clicking on the "You Accept" button below, Youam providing "written instructions" to Company authorizing Company to obtain your Consumer Credit Information from your personal credit profile from CRIF High Mark. You further authorize Company to obtain such information solely to confirm your identity and display your Consumer Credit Information to me. Further in all such cases by checking this box and clicking on the Authorize button, Youagree to the terms and conditions, acknowledge receipt of CIC privacy policy and agree to its terms, and confirm your authorization for Company to obtain your Consumer Credit Information.
      7. You understand that in order to deliver the product, you hereby authorize Company, to obtain your Consumer Credit Information from CIC.
      8. By submitting this registration form, you understand that you are providing express written instructions for Company to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from consumer reporting agencies, at any time for so long as you have an active Company account. You further authorize Company to retain a copy of your information for use in accordance with Company’s Terms of Use and Privacy Policy.
      9. YOU UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND CIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
      10. You shall not sue or otherwise make or present any demand or claim, and You irrevocably, unconditionally and entirely release, waive and forever discharge CIC, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which You ever had, now have, or in the future may have against the Releasee with respect to the submission of your Consumer Credit Information and / or your decision to provide CIC with the authority to deliver your Consumer Credit Information  to the Company. You agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against CIC L by third parties arising from and in connection with this letter.
      11. You agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof. CIC is entitled to assign its rights hereunder to any third person without taking your prior written consent.
  12. In the course of your visit to the website, wherein you are expressing interest or availing products or services offered by a third party, the Company or the third party may collect information or details from you pursuant to your use of the website. You agree that the Company or the third party may share all information and details as provided by you to any other party including but not limited to the lending partners associated with the Company, the lending partner’s group companies, service providers, banks, financial institutions, credit bureaus, telecommunication companies, statutory bodies, etc for customer verification, personalization of products and services, credit rating, data enrichment, marketing or promotion of the products or services offered by such third party or by the third party’s subsidiaries/ affiliates or of any other service provider. You agree and consent to receiving any other information from the Company or a third party through telephone/ e-mail/ SMS/WhatsApp for marketing purposes even though your name appears in the National Customer Preference Registry (Do Not Disturb Registry). You expressly agree that any such calls/SMS/e-mails/WhatsApp messages will not cause any inconvenience to you or your family members. You expressly and irrevocably consent that any claim against the Company or the third party shall not be liable and your claim on this account shall be against the service providers and/or tele-callers. You agree to the use of WhatsApp or other applications for communication or sharing of information or documents or for sending notices, agree to abide by the terms and conditions of such applications, and agree to the risks associated with such applications or sharing of information or issuance of notices through them.
  13. You confirm that any information provided by you or any details entered into the website are correct and you undertake to pass on any modifications to the Company and the lending partner. You shall indemnify and hold the lending partner and or its subsidiaries/affiliates harmless against any loss, damage or costs suffered/incurred by the lending partner and or its subsidiaries/ affiliates as a result of erroneous information supplied by you or your authorized users. You expressly authorize the lending partner or any of the lending partner’s subsidiaries/affiliates to carry out the Know Your Customer (KYC) and other requisite checks by such processes as may be permissible under the law including authentication/verification of documents or details submitted for KYC purpose, accessing and procuring data from databases maintained by statutory or other authorities constituted by law. Specifically, you are responsible for the confidentiality of any codes and passwords allowing you to use this website, and access to your information as well as this use and this access by any third party, whether or not they are authorized by you.
  14. Products and services offered by the lending partner or the lending partner’s subsidiaries are available only at their sole discretion and 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.
  15. Severability
      In the event that any provision of these Terms of Use is determined to be unlawful, void orunenforceable, such provision shall nonetheless be enforceable to the fullest extent permittedby applicable law, and the unenforceable portion shall be deemed to be severed from theseTerms of Use. However, such determination shall not affect the validity and enforceability ofany other remaining provisions of these Terms of Use.
  16. Termination
    1. Your obligations and liabilities of the parties incurred prior to the termination date shall survivethe termination of this Terms of Use for all purposes.
    2. These Terms of Use are effective unless and until terminated by either you or us. You mayterminate these Terms of Use at any time by notifying us that you no longer wish to use ourServices, or when you cease using our Services.
    3. If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any termor provision of these Terms of Use or/and the Policies, we may terminate this Terms of Use atany time without notice and you will remain liable for all amounts due up to and including thedate of termination; and/or we, accordingly, may deny you access to our Services (or any partthereof).
  17. Entire agreement
    1. The failure of us to exercise or enforce any right or provision of these Terms of Use shall notconstitute a waiver of such right or provision.
    2. These Terms of Use and any Policies and any other policies or operating rules posted by us onour Platform or in respect of the use of the Services constitutes the entire agreement andunderstanding between you and us and governs your use of our Services. This will supersedeany prior or contemporaneous agreements, communications and proposals, whether oral orwritten, between you and us (including, but not limited to, any prior versions of the Terms ofUse).
    3. Any ambiguities in the interpretation of these Terms of Use and the Policies shall not beconstrued against the drafting party.
  18. Governing law
      These Terms of Use and the Policies which govern the use of the Platform and the Servicesshall be governed by and construed in accordance with the laws of India. Any disputes orclaims arising in relation to the Terms of Use and the Policies and any of the Services shall besubject to the exclusive jurisdiction of the courts in Delhi, India.
  19. Comments and Feedback
    1. If, at our request, you send certain specific submissions, or without a request from us, you sendcreative ideas, suggestions, proposals, plans, feedback or other materials, whether online, byemail, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at anytime, without restriction, edit, copy, publish, distribute, translate and otherwise use in anymedium any comments that you provide to us. We are and shall be under no obligation: (a) tomaintain any comments in confidence; (b) to pay compensation for any comments; or (c) torespond to any comments.
    2. We may, but have no obligation to, monitor, edit or remove content or comments that wedetermine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory,obscene or otherwise objectionable or violates any party’s intellectual property or these Termsof Use.
    3. You agree and will ensure that your comments will not violate any of our rights or the rights ofany third-party, including copyright, trademark, privacy, personality or other personal orproprietary right. You further agree that your comments will not contain libellous or otherwiseunlawful, abusive or obscene material, or contain any computer virus or other malware thatcould in any way affect the operation of the Services or the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments youmake and their accuracy. We take no responsibility and assume no liability for any commentsposted by you or any third-party.
  20. Contact Information
      Questions about the Terms of Use should be sent to us at customersupport@isfc.in