TERMS OF SERVICES AGREEMENT

These terms and conditions of service (“Terms”) along with the Privacy Policy forms a legally binding agreement (“Agreement”) between Dhan Sethu DigiFin Private Limited, a company registered under the Companies Act 2013, having its principal place of business at Bizcospaces, 8th Floor, Infra Futura, Opp. Bharat Matha College, Thrikkakara, Ernakulam, Kerala- 682021 (hereinafter referred to as any of the following: “Dhan Sethu”, “Company”, “We”, “Us”) and you (hereinafter referred to as any of the following: “You”, “Your”, “User(s)”).

Dhan Sethu and User(s) are hereinafter, where the context so permits, be referred to individually as a “Party” and collectively as “Parties”.

This Agreement is a computer generated electronic record and does not require any physical or digital signatures.

If You downloaded and installed our mobile application (hereinafter referred to as “App”, which expression shall include all mobile application(s) and website(s) operated by Dhan Sethu DigiFin Private Limited, including under the brand name of Svadhan) from Google Play, You will also be subjected to Google Play’s terms of service. In case of any conflict of the Agreement with Google Play’s terms of service, with respect to Your use of App, then the Agreement shall prevail.

If you do not agree with this Terms, please do not download or install our App, or access our App or proceed beyond the Terms screen after launching the App on your device for the first time. If you continue to use the App, we understand that you are aware of this Terms, and have provided your “opt-in” consent on such basis.

NOW THEREFORE IT IS AGREED BY AND AMONGST THE PARTIES HERETO AS FOLLOWS:

  1. Definitions and Interpretations

Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:

Advance: Shall mean the loan or credit facility applied through the App by the User(s) from a Dhan Sethu Partner(s)

Credit Application: Shall mean the application for Advance submitted by User(s)

Dhan Sethu Partner(s): Shall mean the third party vendors/ business partners/ lender partners/ banks/ financial institutions/ insurance companies/ insurance brokers who have entered into an Agreement with Dhan Sethu for the purpose of lending Advance or providing any other service to User(s) or Dhan Sethu

Services: It constitutes of User(s)’s access to App, the assessment by Dhan Sethu of User(s)’s credit worthiness, and subject to Dhan Sethu determining (in its sole and absolute discretion) that it is appropriate, User(s)’s ability to submit a Credit Application or any service request to one or more Dhan Sethu Partner(s) and use of such other functionalities of App as permitted by Dhan Sethu

Supplemental Terms: Shall mean the additional terms and conditions that may apply to certain Services, such as policies for a particular facility or promotion campaign etc., and such Supplemental Terms will be disclosed to You in connection with the applicable Services

Trust Circle: Shall mean one or more other User(s) who guarantee the Advance You avail

User Generated Content: Shall mean any information submitted by the User(s) on the App, or provided by User(s) to Dhan Sethu to avail the Services

  1. Interpretation

In this Agreement, unless the context otherwise requires:

  1. reference to the singular includes reference to the plural and vice versa;
  2. reference to any gender includes a reference to all genders;
  3. the expressions “hereof”, “herein” and similar expressions shall be construed as references to this Agreement as a whole and not limited to the particular clause or provision in which the relevant expression appears;
  4. reference to any Agreement or document shall be construed as a reference to such Agreement or document as the same may have been amended, varied, supplemented, or novated in writing at the relevant time in accordance with the requirements of such Agreement or document and if applicable, of this Agreement with respect to amendments;
  5. reference to any legislation or law or to any provision thereof shall include references to any such law or policy as it may, after the date hereof, from time to time, be amended, supplemented, or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
  6. references to recitals, clauses, paragraphs, annexures, and schedules are references respectively to recitals, clauses, and paragraphs of, and schedules to this Agreement;
  7. headings are inserted only for ease of reference and shall not affect the construction or interpretation of the Agreement;
  8. if any provision in Clause 1 is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision in the body of this Agreement;
  9. the use of the word “including” followed by a specific example(s) in this Agreement, shall not be construed as limiting the meaning of the general wording preceding it;
  10. “writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form;
  11. when any number of days is prescribed in any document, the same shall be reckoned exclusively of the first and inclusively of the last day unless the last day does not fall on a Business Day, in which case the last day shall be the next succeeding day which is a Business Day; and
  12. time is of the essence in the performance of the Parties’ respective obligations. If any time period specified herein is extended, such extended time shall also be of the essence.

 

  1. User Approval
    1. Dhan Sethu may, at its sole discretion and without any prior notice to the User(s), amend, change or otherwise modify any portion of these Terms from time to time and it is the User(s)’s responsibility to review these Terms periodically for any updates/changes. Unless otherwise set out herein, amendments will be effective upon Dhan Sethu posting such updated Terms at this location or the amended policies or Supplemental Terms on the applicable Services. User(s)’s continued access or use of the App/ Services after such posting constitutes User(s)’s consent to be bound by the Terms, as amended.
    2. By accessing, downloading, installing or using the App, You expressly agree to be bound by this Agreement
    3. You understand that if You do not agree with the terms of this Agreement, You must immediately discontinue the use and cease to access the App and any Services
    4. Supplemental Terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable service. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable service.
    5. You represent and warrant that You are capable of entering in to these Terms and performing the obligations set out hereunder.

 

  1. Eligibility

You shall be an individual meeting all the following conditions to avail the Services:

  1. Be a resident in India as per the Income tax act 1961
  2. Be a Citizen of India as per Citizenship Act 1955
  3. Be at least 18 (eighteen) years old as on the date of accepting the Terms

 

  1. Account Set-Up
    1. In order to use the App and avail the Services, You must register for and maintain a service account (“Account“) in the App. Account registration requires You to submit certain information such as Your and household members’ names, address, mobile phone number, age, KYC, occupation, income etc.
    2. Some of the Services may additionally require physical verification of Your place of residence by Dhan Sethu, and guarantee from others, including from Your Trust Circle.
    3. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in Your inability to access and use the App (Fully or partially) and/or the Services (All or some).
    4. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account PIN and any passwords at all times. Unless otherwise permitted by in writing by Dhan Sethu, You shall only use and operate one Account. You acknowledge and agree that any misuse of Your Account for reasons not attributable to Dhan Sethu shall be attributed to You and You will be liable for any and all liabilities incurred as a result of such misuse.
    5. You hereby consent that any information submitted by You for Account set-up may be used by Dhan Sethu in accordance with its Privacy Policy published in the App.
    6. You agree and authorize Dhan Sethu to share Your information, as well as that of Your household members, with its group companies, Dhan Sethu Partner(s) and their authorized representatives, in so far as required for joint marketing purposes/ offering Services/ report generations and/or similar services to provide You with various value added services, in association with the Services selected by You or otherwise. You agree to receive communications through e-mails and/or telephone and/or WhatsApp and/or SMS, from Dhan Sethu, Dhan Sethu Partner(s) and their authorized representatives regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, You agree and consent to receive any communications on the mobile number You provided (even if this mobile number is registered under DND/NCPR list under TRAI regulations), and for that purpose, You further authorize Dhan Sethu to share/disclose Your as well as Your household members’ information to Your guarantors, Trust Circle, regulatory bodies, Credit Information Companies.
    7. You consent to allow Dhan Sethu, its officers, representatives, consultants, affiliates and employees to access all documents uploaded, to analyse the information provided, to verify the same and to use such Information to fulfil the Services. The information Dhan Sethu will access when You access the App will include but will not be limited to credit information reports, personal information, identity documents, employment information, bank statements, location information and mobile data. We will also have the right to get access to Your contacts, to use such contacts as information provided to Dhan Sethu and to access and reach out to them in case a need arises. By applying for our Services, it will be deemed that You have consented to us accessing this information and have no objection to us contacting or following up with Your contacts on Your whereabouts or to obtain other information in case You are not contactable or have changed Your address after availing Services.
    8. Dhan Sethu will retain and use Your information, even after termination of this Agreement, as necessary to comply with our legal obligations, resolve disputes and enforce this or other Agreements entered into by Dhan Sethu for providing the Services.

 

  1. Restrictions on Use
    1. You will not access or attempt to access the App and/or the content provided through the App by any means other than through the App, unless You have been permitted by Dhan Sethu through any separate written Agreement.
    2. You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary technology on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
    3. The User(s) shall not:
      1. use the App and Services to acquire Advance for the purpose of forward lending to others, or for any illegal activities;
      2. redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties;
  • attempt to gain unauthorized access to, or disrupt the integrity or performance of, the App or the data contained therein;
  1. modify, copy or create derivative works based on the App;
  2. reverse engineer or cause to reverse engineer the App;
  3. distribute viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines or gain unauthorized entry to any machine accessible for App;
  • access App for the purpose of building competitive product or services or copying its features or user interface;
  • violate any applicable law, statute, ordinance or regulation in connection with use of App;
  1. collect information about other users of App for any illegal, unlawful or competitive purposes;
  2. post on App any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party;
  3. use any bots, other automated tools or methods to access the App;
  • create any Account by automated means or under false or fraudulent pretences for using the App;
  • send and/or store infringing, unlawful, defamatory, trade libellous, threatening, harassing, or obscene material in connection with the Services provided; and
  • interfere with or disrupt any network services or equipment with the intent of causing an excessive or disproportionate load on the App or to cause denial of service of the App.

 

  1. Services
    1. When submitting a service request on the App, You agree to provide current, complete, and accurate information about You. If any information You provide is untrue, inaccurate, not current, or incomplete, Dhan Sethu has the right to terminate Your service request and to decline to provide any and all future use of the App.
    2. Dhan Sethu and Dhan Sethu Partner(s) reserve the right to decline User(s)’s Credit Application for an Advance without revealing the reason to You. For the avoidance of doubt, Dhan Sethu and Dhan Sethu Partner(s) are under no obligation whatsoever to reveal to You (including Your nominees, heirs and successors) its assessment of Your creditworthiness at any point in time.
    3. You acknowledge that Dhan Sethu allows You to submit a Credit Application on the basis of a determination made by methodologies and algorithms in the App, and/or through the physical verifications, if any, carried out by Dhan Sethu. Dhan Sethu undertakes a dynamic evaluation of risk in relation to each Credit Application submitted by You based on various factors including the amount of the Advance, the credit eligibility parameters and other requirements set out by the Dhan Sethu and Dhan Sethu Partner(s). Dhan Sethu may undertake a separate determination in relation to each Credit Application made by You, including physical verifications. Given the dynamic nature of the determination made by Dhan Sethu, You acknowledge that there is no assurance or guarantee that Dhan Sethu shall allow You to submit a Credit Application for each and every Advance that You seek to avail.
    4. You agree and accept that Dhan Sethu or Dhan Sethu Partner(s) may in its sole discretion, by itself or through authorised persons, advocate, agencies, bureau, etc. verify any information given, conduct physical verifications, check credit references, employment details and obtain credit reports to determine User(s)’s creditworthiness from time to time.
    5. Dhan Sethu does not guarantee that the Advance sought by You will be disbursed to You by the Dhan Sethu Partner(s). Dhan Sethu will make a preliminary determination of User(s)’s creditworthiness in relation to every Advance sought by You and submit its determination in this regard to the Dhan Sethu Partner(s). The final decision on whether or not to grant You the Advance will rest with Dhan Sethu Partner(s) and will be made using Dhan Sethu Partner(s)’s credit decisioning processes and methodologies. Dhan Sethu Partner(s) is free to reject any recommendation made by Dhan Sethu about processing of a Credit Application or grant of Advance to You.
    6. Dhan Sethu Partner(s) may require You to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to You. When Dhan Sethu Partner(s) decides to grant an Advance to You, it shall require that You execute a loan/credit facility Agreement (“Loan Documentation“) with it to record the terms of the arrangement. Such Agreements could be executed digitally or physically, based on the requirements of Dhan Sethu Partner(s). The Advance given to You by shall be governed by the terms mentioned in the Loan Documentation.

 

  1. Repayment
    1. You must repay the Advance along with all interest, charges and fees payable to Dhan Sethu Partner(s) (“Repayment Amount”), in such manner as prescribed by Dhan Sethu  Partner(s), as and when it becomes due.
    2. You shall be required to do such repayments digitally through the payment gateways provided in the App (“Payment Gateway”), or through any other digital means provided by the particular Dhan Sethu Partner(s). If the Dhan Sethu Partner(s) offers the facility of repaying the Repayment Amount directly at their offices, You may make use of the facility to do the repayments.
    3. Only in cases where the Repayment Amount are not repaid on time, and in the sole discretion of Dhan Sethu or Dhan Sethu Partner(s), Dhan Sethu and/or Dhan Sethu Partner(s) may arrange to physically collect the Repayment Amount from You. Such collections done may involve additional collection charges being charged to You.
    4. If the repayments are not done on time, Dhan Sethu and Dhan Sethu Partner(s) have the full rights to report such defaults to Credit Information Companies, Your guarantors, Your Trust Circle and to such authorities or individuals, and take any other lawful actions, that Dhan Sethu or Dhan Sethu Partner(s) believes would be helpful to recover the pending Repayment Amount.

 

  1. Customer Due Diligence Requirements
    1. You agree and acknowledge that for undertaking any financial transaction through the App, Dhan Sethu may undertake due diligence measurers and seek mandatory information required for KYC purpose which You are obliged to give in accordance with the applicable Prevention of Money Laundering Act, 2002 and Rules. Dhan Sethu may obtain sufficient information to establish, to its satisfaction or the Dhan Sethu Partner(s)’s satisfaction Your identity, and the purpose of the intended nature of relationship between You and the Dhan Sethu Partner(s). You agree and acknowledge that Dhan Sethu can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable Prevention of Money Laundering Act, 2002 and Rules.
    2. You agree that Dhan Sethu and/or Dhan Sethu Partner(s) are authorized to pull User(s)’s credit report from various credit information companies.

 

  1. Collection Authorisation
    1. You agree to allow Dhan Sethu to send You payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law.
    2. You further permit Dhan Sethu to use:
      1. any User Generated Content; and/or
      2. other information which You have granted Dhan Sethu access to, for the purposes of enabling Dhan Sethu to send payment reminders to You or to other persons who can be contacted by Dhan Sethu through You whether or not such other persons are User(s) of the App, to the extent permitted under applicable law.
  • You expressly permit Dhan Sethu to use any or all of the information provided or generated by You in respect of:
    1. any credit facility You may have availed from any credit issuing entity, irrespective of whether or not Dhan Sethu facilitated the obtaining of such credit facility as provided for elsewhere in this Agreement;
    2. any credit facility availed of by a third party from any credit issuing agency where Dhan Sethu’s analysis determines that the information You have provided Dhan Sethu will enable it to contact such person by either:
      1. deriving contact information for such third party from the information provided by or generated by You and then contacting them directly; or
      2. by contacting You and requesting if You will be willing to share contact information for such third party or by requesting You to inform such third party that Dhan Sethu is attempting to contact her/him.

 

  1. Network Access And Devices

You are responsible for obtaining the data network access necessary to use the App/Services. Your connected mobile network’s data usage rates and fees will apply when You access or use the App/Services from Your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App/Services and any updates thereto.

 

  1. License

Subject to Your compliance with these Terms, Dhan Sethu grants You a limited, non-exclusive, revocable, non-transferrable license in India to: (i) access and use the App through Your personal computer system or other mobile communication device solely in connection with Your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, non-commercial use. Any rights not expressly granted herein are reserved by Dhan Sethu.

 

  1. User Generated Content
    1. By sharing or submitting any content including any data and information on the App, You agree that You shall be fully and solely responsible for all content You post on the App and Dhan Sethu shall not be responsible for any content You make available on or through the App.
    2. At Dhan Sethu`s sole discretion, such content may be included in the Services and ancillary services (in whole or in part or in a modified form). With respect to such content You submit or make available on the App, You grant Dhan Sethu a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content.
    3. Dhan Sethu may use User(s)’s information to maintain, protect, and improve the Services and for developing new services. Dhan Sethu may also use User(s)’s phone number, email address or other personally identifiable information to send commercial or marketing messages without User(s)’s consent [with an option to subscribe / unsubscribe (where feasible)]. Dhan Sethu may, however, use User(s)’s email address and phone number, or contact User(s) in person, without further consent for non-marketing or administrative purposes (such as notifying User(s) of major changes, for customer service purposes, providing information about updates to Services, for collection of repayment against Advance etc.).

 

  1. Intellectual Property Right
    1. You agree and acknowledge that You has been given a limited right to access and use the App and Services, during the Term of this Agreement and has not acquired any legal rights in the Intellectual Property of Dhan Sethu. No other rights with respect to the App and Services or any related Intellectual Property rights belonging to Dhan Sethu are granted or implied.
    2. Dhan Sethu retains all rights, title, interest, and ownership of the Intellectual Property rights in and to the App and Services including any improvements, upgrades, enhancements, derivative works, and modifications thereof.
    3. Except as expressly set forth herein, any data, reports, specifications, equipment’s, technology, hardware, software, trade secrets know-how, Confidential Information or processes or the like, and any other Intellectual Property owned or controlled by Dhan Sethu or development by Dhan Sethu under this Agreement shall remain the property of Dhan Sethu. User(s) disclaims any right, title, or interest in or to Dhan Sethu’s materials and will not take any action inconsistent with or that would contest or impair the rights of Dhan Sethu. Except as expressly set forth herein, no other rights are granted by Dhan Sethu to User(s) with respect to Dhan Sethu’s Intellectual Property. User(s) will not engage in any practice that may be detrimental to Dhan Sethu’s marks or goodwill or reputation.

 

  1. Limited Warranty
    1. You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering in to this Agreement, You have chosen to use the security measures provided by Dhan Sethu even though other security measures are available. While Dhan Sethu uses industry standard information security measures to protect the Services from viruses and malicious attacks, Dhan Sethu does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Dhan Sethu disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite Dhan Sethu using information security measures. Dhan Sethu warrants that, during the term of this Agreement, Dhan Sethu will employ commercially reasonable system security measures. Except as expressly set forth in this Clause, Dhan Sethu makes no representation, warranty, covenant or Agreement that its security measures will be effective. Neither Dhan Sethu nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or computer/cloud servers that Dhan Sethu uses.
    2. The Services are provided to You on an “as-is” and “as available basis”. Dhan Sethu is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services. Dhan Sethu does not represent that the Services will meet User(s)’s requirements or that operation of the Services will be uninterrupted or error free.
    3. You further acknowledge that the Services is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Services could lead to death, personal injury, or severe physical or environmental damage.
    4. DHAN SETHU AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DHAN SETHU PARTNER(S) AND LICENSORS HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF DHAN SETHU OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE (LIMITED WARRANTY). IN PARTICULAR, DHAN SETHU AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DHAN SETHU PARTNER(S) AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET USER(S)’S REQUIREMENTS; (II) USER(S)’S USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) THE APP WILL FUNCTION IN ANY PARTICULAR HARDWARE/DEVICES.

 

  1. Term And Termination
    1. These Terms and the right to use granted hereunder shall take effect on the earliest of (i) date in which You register on the App (ii) date in which You gave Your opt-in consent, and shall continue in effect till You or Dhan Sethu terminates this Agreement in accordance with this Clause (“Term”).
    2. Dhan Sethu may terminate the Agreement with or without notice, and/or decline access of the App and Services to You, at the sole discretion of Dhan Sethu (i) if Dhan Sethu is required to do so by law (For example, if the provision of Services to You becomes unlawful); (ii) if the provision of the App to User(s) is no longer commercially viable to Dhan Sethu; (iii) if Dhan Sethu reasonably believes that You have misused the App or Services; (iv) if You breach this Agreement; (v) You have not used the App for more than thirty days; (vi) for any reason.
    3. You may terminate the Agreement by sending a termination notice to Dhan Sethu. Irrespective of whether You have send a termination notice or not, You shall be bound by the Agreement as long as You continue to use the App.
    4. You shall not have a right to terminate the Agreement before you have fully repaid the Advance.
    5. Any clauses, which by its nature is meant to survive termination of the Agreement, shall survive and shall be effective and enforceable post such termination.
    6. All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.

 

  1. Confidential Information

In course of User(s)’s dealings with Dhan Sethu, either party (Disclosing Party) may share and provide the other (Receiving Party) with access to its confidential and proprietary information (“Confidential Information“). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The Receiving Party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agree to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the Disclosing Party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.

 

  1. Privacy

You understand that by using the Services, You consent and agree to the collection and use of certain information about You and Your use of the Services in accordance with Dhan Sethu Privacy Policy and these Terms. Dhan Sethu Privacy Policy applies to all User(s)’s information collected under these Terms. You further understand and agree that this information may be transferred to other countries for storage, processing and use by Dhan Sethu, its affiliates, and/or their service providers in accordance with applicable law.

 

  1. Indemnity
    1. You shall defend, indemnify and hold harmless Dhan Sethu, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including attorney fees), brought against Dhan Sethu by third parties alleging
      1. User(s)’s use of and access of the Services;
      2. User(s)’s violation of these Terms;
  • User(s)’s violation of any third party right, including without limitation any copyright, property, or privacy right; or
  1. any claim that the User Generated Content You submitted caused damage.

User(s)’s indemnification obligation under this Clause will survive termination of this Agreement and User(s)’s use of the Services.

 

  1. Limitation Of Liability
    1. IN NO EVENT SHALL DHAN SETHU BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, OR REVENUES, LOSS OF OPERATION TIME, INCREASED COSTS OR WASTED EXPENDITURE, LOSS OF GOODWILL OR REPUTATION, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS AGREEMENT.
    2. THE MAXIMUM AGGREGATE AMOUNT THAT YOU OR ANY PARTY CLAIMING THROUGH YOU CAN RECOVER FROM DHAN SETHU AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PROFESSIONAL ADVISORS FOR ALL CLAIMS ARISING FROM, UNDER OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) WILL IN NO EVENT EXCEED SERVICE FEE CHARGED BY DHAN SETHU, IF ANY, DIRECTLY FROM YOU IN THE LAST 3 (THREE) MONTHS PRECEDING THE DATE OF CLAIM.

 

  1. Assignment

You shall not assign this Agreement without the prior written consent of Dhan Sethu.

 

  1. Governing Law

The Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Ernakulam, Kerala, India.

 

  1. Force Majeure

Dhan Sethu shall not be liable to the User(s) for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, pandemic, failure of Dhan Sethu Partner(s) to perform their obligations or other similar cause beyond Dhan Sethu’s control.

 

  1. Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving party.

 

  1. Severability

Any provision in this Agreement, which is or may become prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement. Without prejudice to the foregoing, Dhan Sethu reserves the right to replace the prohibited or unenforceable provision with a valid provision that closely matches the intent of the original provision. The such newly replaced provision shall supersede the original provision.

 

  1. Notices
    1. Dhan Sethu may post notices and other communications made or required to be given under this Agreement to Users(s) within the App or send you notices in email address or the telephone number that you may have shared with us or send that through registered post with acknowledgment to your address.
    2. Any notice to be given to Dhan Sethu by You shall be sent through email or registered post with acknowledgement due to the address specified below:

Email: info@dhansethu.com     

Address: Dhan Sethu DigiFin (P) Ltd., Bizcospaces, 8th Floor, Infra Futura, Opp. Bharat Matha College, Thrikkakara, Ernakulam, Kerala- 682021

  1. The receiving Party will be deemed to have received the notice within 3 (Three) days of posting/sending the notice. User(s) continued use of the App on expiry of such 3 (Three) days shall constitute User(s)’s receipt and acceptance of the notices sent to User(s).

 

  1. Entire Agreement

These Terms along with any supplementary terms or addendum as may be prescribed by Dhan Sethu or Dhan Sethu Partner(s) constitute the entire Agreement between the parties pertaining to the subject matter contained herein and any written or oral Agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by Dhan Sethu.

 

Last Updated On: 9th August, 2023

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