ACCEPTANCE OF THESE TERMS

By downloading, installing, accessing, using and/or thereby browsing this mobile application/ software program, including any associated websites, domains, sub-domains, platforms, links, etc. as may be owned and/ or operated by MMFSL and as may be updated/ modified from time to time (“MMFSL-APP”) on your mobile handset/ tablet device (“Device”), you are consenting, agreeing and conveying your acceptance of the following terms and conditions (“Terms and Conditions”) provided for herein which shall constitute an agreement between you (hereinafter referred to as “you”, “Customer”, “User”) and Mahindra And Mahindra Financial Services Limited (“MMFSL”) (as defined hereinafter). Therefore, by downloading and running the MMFSL-APP on your Device, you agree to be bound by the following Terms and Conditions as well as the Privacy Policy and all other operating rules, policies, and procedures that may be published by MMFSL with respect to this MMFSP-APP, which are incorporated by reference. These Terms and Conditions, along with the Privacy Policy and any other associated terms, conditions, documents, etc. shall apply in conjunction with any other document signed by you.

Any products/ services of MMFSL availed by you through the use of the MMFSL-APP or otherwise from MMFSL including such products/ services which you have already availed from MMFSL either through offline means or otherwise may carry their own additional and/ or specific terms and conditions, privacy policies, etc., including any offline documentation process and other related requirements. These will be applicable to you and will apply in addition to these Terms and Conditions. Your use of these products/ services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference. In the event of any inconsistency between these different terms and conditions, those that are distinct and specific to the particular products/ services availed by you shall prevail and apply respectively to such products/ services.

MMFSL reserves the right to change, suspend, or discontinue the MMFSL-APP (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. MMFSL also reserves the right to impose limits on certain features and services or restrict your access to parts or all of the services of the MMFSL-APP without notice or liability.

MMFSL-APP and its contents are available only to individuals who are at least eighteen (18) years old. You represent and warrant that if you are an individual, you are at least eighteen (18) years old and of legal age in your jurisdiction to form a binding contract, and that any personal information you may submit will be accurate and truthful. MMFSL reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. MMFSL may, in its sole discretion, refuse to offer the MMFSL-APP to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the MMFSL-APP is revoked in those jurisdictions.

ACCESS/ USE OF THE MMFSL-APP

The access and/ or use of the MMFSL-APP is subject to your compliance with the Terms and Conditions set forth herein including any cross references mentioned herein. MMFSL-APP and any related features, software, etc. as part of the MMFSL-APP are licensed to the Customer for use only under the terms of this software license agreement (“License”).

For the purposes of this License, Customer shall mean an existing, valid and active MMFSL Customer who has downloaded the MMFSL-APP for use as well as any user/ guest who has downloaded MMFSL-APP.

By downloading and installing MMFSL-APP, the Customer will be deemed to have accepted the following Terms and Conditions in their entirety. The Terms and Conditions of this License will govern any upgrades, updates, modifications and/ or enhancements to the MMFSL-APP.

The headings used herein are only for convenience and shall not be construed to interpret the meaning or intent of these Terms and Conditions and/ or the License granted hereunder.

Customer agrees to provide true and complete information about himself/ herself by registering on the MMFSL-APP and the Customer is solely responsible for protecting their password and other credentials and all acts by way of use of the Customer’s password.

Customer shall not, and shall not permit any third party using your account to, take any action, or submit any content, that: infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; you know is false, misleading, or inaccurate; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of MMFSL or any third party; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or impersonates any person or entity, including any employee or representative of MMFSL.

Customer shall not: (i) take any action that imposes or may impose (as determined by MMFSL in its sole discretion) an unreasonable or disproportionately large load on MMFSL or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of MMFSL-APP or any activities conducted on the same; (iii) bypass any measures MMFSL may use to prevent or restrict access to the MMFSL-APP (or other accounts, computer systems, or networks connected to the same); (iv) run maillist, listserv, or any form of auto-responder or “spam” on the MMFSL-APP; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the MMFSL-APP.

Customer shall not post any message to the MMFSL-APP which is in violation of the acceptable use policies in respect of the MMFSL-APP. We reserve the right to delete and remove all such postings.

MMFSL-APP cannot under any circumstances be used for commercial purposes by any user.

Customer grants to MMFSL a royalty free irrevocable permission to reproduce, download and print your user submissions in any of the sections on the MMFSL-APP. You grant to the MMFSL the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your user submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the services, (b) the MMFSL’s (and its successors’ and assigns) businesses, (c) promoting, marketing, and redistributing part or all of the user submissions (and derivative works thereof) or the services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the services; (iii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the user submissions and trademarks in connection with the services; and (iv) use and publish, and permit others to use and publish, the user submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of any of the services. The foregoing license granted to MMFSL does not affect your other ownership or license rights in your user submissions, including the right to grant additional licenses to your user submissions.

MMFSL reserves and retains the right and/ or ability to remove the availability or ability of participants to post comments or other information in the event of any breach of these Terms and Conditions.

MMFSL will enforce appropriate sanctions against any of the Customers of the MMFSL-APP who are responsible for abuse of the MMFSL-APP. Such sanctions may include but are not limited to (a) a formal warning, (b) suspension of access through the MMFSL-APP to any particular sections or services or the MMFSL-APP in its entirety, (c) suspension of access to the MMFSL-APP and/ or websites, domains, sub-domains, etc. (d) termination of any registration of the Customer with MMFSL-APP or services.

INTELLECTUAL PROPERTY

Any and all content which includes but not limited to information, communications, text, graphics, images, logos, button icons, sounds, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software (“Content”) is owned, controlled or licensed by or to MMFSL and/or MMFSL’s affiliates and/ or other third party licensors and may be protected as copyright, database rights, trade mark, intellectual property law and other proprietary rights. The various contents or reference or redirection towards the MMFSL-APP is the copyright of MMFSL, its affiliates, independent content providers or third parties. MMFSL, MMFSL’s affiliates and the respective third party licensors (as the case may be) reserve all the intellectual rights contained and connected with this Content. The Contents of MMFSL-APP cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical, photocopying or recording without the prior express written permission of MMFSL in each case for each requirement.

MMFSL grants to the Customer a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to install MMFSL-APP on their respective Device strictly in accordance with the Terms and Conditions of the said License. The MMFSL-APP and all copyrights, patents, trademarks, trade secrets and any and all other intellectual property rights including but not limited to MMFSL trademarks, service marks, logos and taglines are, and shall always remain the property of MMFSL or the respective third party licensor alone.

Customer shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the MMFSL-APP; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from or through the use of the MMFSL-APP; (c) violate any applicable laws, rules or regulations in connection with Customer’s access or use of the MMFSL-APP; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MMFSL or its affiliates, or the licensors of the MMFSL-APP; (e) use the MMFSL-APP for any other purpose for which it is not designed or intended. Without limiting the foregoing, copying or reproduction of the MMFSL-APP to any other server or location for further reproduction or redistribution is expressly prohibited. These provisions shall survive this agreement at all times.

Customer has a limited permission to display, print or download extracts from the pages of the MMFSL-APP for Customer’s personal, non-commercial and non-profit use only and Customer shall not be entitled to commercialise any such material or contents on the MMFSL-APP in any way. Any other use or modification of the content of the MMFSL-APP without MMFSL’s prior written authorisation is prohibited. Use of contact information provided on the MMFSL-APP for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the MMFSL-APP or to intercept any information from the MMFSL-APP is prohibited.

Customer may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the MMFSL-APP without MMFSL’s prior written consent save as expressly authorised by an agreement in writing between MMFSL and the Customer, provided any copies of the pages of the MMFSL-APP which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use. Customer will not amend, republish, distribute, reproduce, adapt or modify any of the materials on the MMFSL-APP or use any of the materials for public performance or otherwise make commercial use of the MMFSL-APP or any materials located on it without MMFSL’s prior written consent.

CUSTOMER INFORMATION

By accessing, browsing and/or thereby downloading the MMFSL-APP, Customer would be required to provide his/her basic Customer information. In order to serve the Customer better, MMFSL shall procure such information as stated under the Privacy Policy. The Customer agrees to provide true, accurate and complete information and agrees not to submit particulars that he/ she does not have the right or authority to submit. The Customer shall take all necessary precautions to prevent unauthorized and illegal use and/ or unauthorized access to his/ her account through the MMFSL-APP. MMFSL shall not be responsible for any misuse of Customers’ Device or unauthorized access via loss, theft to the Customers’ account details whether by way of loss, theft of the Customer’s Device by any third party or otherwise. MMFSL expressly disclaims any and all liability, howsoever, arising out of the misuse of the MMFSL-APP or any Customer information. Customer hereby authorizes and consents to the collection, storage and use, by MMFSL and its affiliates, partners and agents, of any information and data related to or derived from Customer’s use of the MMFSL-APP, and any information or data (“Information”) that Customer provides to MMFSL and its affiliates, partners and licensors.

Notwithstanding the foregoing, the Customer’s personally identifiable information will not be provided to any third party without the Customer’s prior written consent, save and except to any public authority acting under the mandate of law or otherwise under the requirements of applicable laws. MMFSL shall take all reasonable care to ensure the security of Customer’s information using commercially reasonable technology available in India. MMFSL shall not be held liable for any security lapses occurring beyond its reasonable control and in case any Information is in public domain, then the same would be treated as being non-confidential and non-proprietary. MMFSL assumes no obligation to protect Confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. This provision shall survive the termination of the License.

This License shall be effective: (i) until terminated by MMFSL, or (ii) till the Customer has ported out of MMFSL. MMFSL may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to Customer hereunder with or without prior notice. Furthermore, if Customer fails to comply with any terms and conditions of this License, then this License and any rights afforded to Customer hereunder shall terminate automatically, without any notice or other action by MMFSL. Upon the termination of this License, Customer shall cease all use of MMFSL-APP and uninstall the said app.
Customer warrants that any and all information, projects, files or other attachments sent to MMFSL or comments other than personal data, that Customer may transmit to MMFSL through the MMFSL-APP does not infringe intellectual property rights or any other applicable law. Such information as shared by Customer will be treated as non-confidential and non-proprietary. By submitting any such information to MMFSL, the Customer gives MMFSL an unlimited and irrevocable license to use, execute, show, modify and transmit such information or comments, including any underlying idea, concept or know-how. MMFSL reserves the right to use and exploit such information and/or comments in any way it chooses.

The Customer will not upload on the MMFSL-APP or submit any content or otherwise distribute or publish through the MMFSL-APP any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another’s privacy or designed to cause disruption to any computer systems or network. MMFSL shall be entitled without liability to the Customer and at MMFSL’s discretion to remove any such content from the MMFSL-APP immediately.

NO WARRANTY

CUSTOMER ACKNOWLEDGES AND AGREES THAT MMFSL-APP IS PROVIDED ON AN “AS IS, WHERE IS” BASIS, AND THAT CUSTOMER’S USE OF OR RELIANCE UPON THE MMFSL-APP ACCESSED THEREBY IS AT CUSTOMER’S SOLE RISK AND DISCRETION. MMFSL AND ITS AFFILIATES AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE MMFSL-APP, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, MMFSL AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTY THAT (I) THE MMFSL-APP WILL MEET CUSTOMER’S REQUIREMENTS; (II) THE MMFSL-APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE MMFSL-APP WILL BE CORRECTED. NO COMMUNICATION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MMFSL OR FROM THE MMFSL-APP SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, CUSTOMER ACKNOWLEDGES THAT MMFSL HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE MMFSL-APP. MMFSL WILL NOT BE LIABLE FOR ANY VIRUS OR OTHER MALWARE THAT MAY ENTER THE CUSTOMER’S DEVICE AS A RESULT OF THE CUSTOMER USING THE MMFSL-APP. MMFSL WILL USE ITS REASONABLE ENDEAVOURS TO MAINTAIN THE MMFSL-APP IN A FULLY OPERATING CONDITION. MMFSL IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT EXIST IN MMFSL-APP. CUSTOMER SHOULD NOT ASSUME THAT MMFSL-APP OR ITS CONTENT IS ERROR FREE OR THAT IT WILL BE SUITABLE FOR THE PARTICULAR PURPOSES THAT THE CUSTOMER HAS IN MIND WHEN USING THE MMFSP-APP. MMFSL RESERVES THE RIGHT TO MAKE SUBSEQUENT CHANGES TO IT, AND ANY OR ALL SERVICES MAY BE MODIFIED, SUPPLEMENTED OR WITHDRAWN.

UNDER NO CIRCUMSTANCES SHALL MMFSL OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR DAMAGES ARISING DUE TO LOSS OF DATA AND/ OR LOSS OF USE ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE MMFSL-APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE. MMFSL SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON THE MMFSL-APP. CUSTOMER ASSUMES ALL RISKS ARISING OUT OF OR RESULTING FROM CUSTOMER’S USE OF THE MMFSL-APP AND CUSTOMER’S TRANSACTION OF BUSINESS OVER THE INTERNET INCLUDING ANY TRANSACTIONS WITH ANY THIRD PARTY, AND CUSTOMER AGREES THAT MMFSL AND ITS AFFILIATES, AND LICENSORS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LIABILITY OR LOSS IN THIS REGARD WHATSOEVER.

MMFSL does not warrant or assure that MMFSL-APP will be compatible or interoperable with Customer’s Device. Furthermore, Customer agrees, acknowledges and understands that compatibility and interoperability problems can cause the performance of Customer’s Device to diminish or fail completely and/ or may result in permanent damage to Customer’s Device and/ or loss of data located on Customer’s Device and/ or corruption of the software and/ or files located in the Customer’s Device. In intermittent network locations or otherwise on account of network fluctuations, the data shown in the MMFSL-APP may not be updated when MMFSL-APP is offline. Customer acknowledges and agrees that MMFSL and its affiliates, and licensors shall have no liability to Customer for any losses and/ or damages suffered by Customer resulting from or arising in connection with compatibility or interoperability problems involving the MMFSL-APP and the Customer’s Device. Customer hereby releases MMFSL from any and all liability resulting from Customer’s use or possession of the MMFSL-APP, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the MMFSL-APP fails to conform to any applicable legal or regulatory requirements; (iii) any claim arising under consumer protection or similar legislation; and (iv) any misuse or unauthorized access of Customer’s MMFSL account.

The Customer agrees, confirms and acknowledges that internet transactions may be subject to interruptions, transmission blackouts, delayed transmissions and/ or incorrect data transmission. MMFSL is not liable for malfunctions in communications facilities not under MMFSL’s control that may affect the accuracy or timelines of messages and transactions which the Customer may initiate through the MMFSL-APP.

INDEMNIFICATION

Customer shall indemnify, defend and hold harmless MMFSL and its affiliates, and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and/ or expense (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with the following: (i) Customer’s access to or use of the MMFSL-APP; (ii) Customer’s breach of this License and/ or these Terms and Conditions; (iii) Customer’s violation of law; (iv) Customer’s negligence or wilful misconduct; or (v) Customer violation of the rights of a third party, including the infringement by Customer of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity and (vi) MMFSL execution of any Customer instructions. These obligations will survive any termination of the License and/ or this agreement.

The Customer shall immediately uninstall the MMFSL-APP in case the Customer changes his/her Device and/ or in the event of loss of Device.

THIRD-PARTY SITES\ LINKS

MMFSL-APP may contain links to websites (“Linked Sites”). The Customer agrees, confirms and understands that such Linked Sites as may appear in the MMFSL-APP are not under the control of MMFSL and MMFSL is not responsible for the contents or representation/s of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Customer agrees, confirms and understands that MMFSL is providing these Linked Sites only for convenience purposes, and the inclusion of any Linked Site does not imply endorsement by MMFSL of such Linked Site and/ or MMFSL’s association with such Linked Site’s products or services or operators or owners including the legal heirs or assigns thereof. Similarly, MMFSL makes no representations or warranties whatsoever, whether express or implied, concerning any products, services and/ or information found in any Linked Sites.

JURISDICTION

This License and the Terms and Conditions mentioned herein shall be governed by and construed in accordance with the laws of India. Any disputes arising from this License and terms stated herein shall be adjudicated in the courts of Mumbai.

INTERNATIONAL USERS

Accessing MMFSL-APP is prohibited from territories where the content is illegal or where these Terms and Conditions are not legally enforceable. If you access the MMFSL-APP from other locations, you do so at your own initiative and are responsible for compliance with local laws of such locations as well as Indian laws.

ELECTRONIC DELIVERY, NOTICES AND YOUR CONSENT

By using MMFSL-APP, Customer consents to receive from MMFSL all communications including notices, agreements, legally required disclosures, or other information in connection with the MMFSL-APP (collectively, “Contract Notices”) electronically. MMFSL may provide the electronic Contract Notices by posting them on the MMFSL-APP and/ or through email and/ or through other electronic modes of communication. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the MMFSL-APP.

CHANGES/ UPDATES

MMFSL may modify or amend these Terms and Conditions and this License from time to time. Customer will be deemed to have agreed to any such modification or amendment by Customer’s decision to continue using the MMFSL-APP following the date in which the modified or amended License is posted. Customers are requested to periodically check these Terms and Conditions and the terms of the License hereunder from time to time. Any changes to these Terms and Conditions and the License shall be effective immediately as and when such changes/ updates are published/ posted/ hosted on the MMFSL-APP. If Customer continues to use the MMFSL-APP or makes any application/ request for any products/ services or use any products/ services or makes any service requests (support, etc.) for or during usage of any products/ services or if Customer uses any functionality provided by or for MMFSL, such act of any of aforesaid uses shall by itself amount to Customer’s acceptance of the Terms and Conditions and the License with changes/ modifications, if any.