By accessing these applications / portals / platforms :- ethcisfintech.com and other as may be launched from time to time(hereinafter referred to as "Website”, “Platform" and/or “Application”, which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by Ethics Fintech Private Limited ("The Company"), a company, having registered office at 2102-2103, Ethics Fintech, Privilon Building, Iscon Crossroad, Ahmedabad, Gujarat, India- 380054, you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.
Before you use the platform, you must read all of the terms and conditions (''Terms") herein and the Privacy Policy provided on the Website.
"we", "our" and "us" means "the company", "you", “user” and "your" means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Platform along with updating their users on this platform.
It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate use of the platform.
This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.
Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.
By using these Ethics Fintech Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform.
If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.
This is a platform which enables loan transactions between borrowers and business loan providers, through this Platform loan services such as invoice based finances, term loans etc. are provided by various banks and financial institutions to the retail stores under JanAushadhi Kendra’s as a part of the JanAushadhi Kendra (JAK) Project by PMBI, Harhith stores, etc. We shall endeavor to provide to its users through the Platform, access to information primarily about availability of various loan services to retail stores. Further details related to the services may be availed from the above mentioned website/s.
Through this Platform thousands of retail stores and associated vendors shall be benefited by the services. It shall be clarified that services availed by the user to access this Platform may involve fees of third- party opted by you (such as internet service provider or airtime charge) in addition to any other fees levied or payable separately under this Agreement which shall be borne solely by the users.
You acknowledge and agree that the Company owns all legal rights, titles, and interests, including intellectual property rights, in the Platform and its content. The copyright and ownership of the Site and its content are solely with the Company. You further acknowledge that the Platform may contain information which is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform. The trademarks, logos, and service marks on the Site belong exclusively to the Company. Users are bound by confidentiality and other clauses to respect intellectual property rights.
By using the Platform, you agree not to:
Use this Platform or its contents for any purpose other than as defined in the Platform.
Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand.
Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
"Frame", "Mirror" or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization.
Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. Such act may constitute of criminal proceedings against the user at his/her own risk, damage and consequences.
Breach any restrictions, guidelines that may be imposed by competent authorities from time to time
Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from User without further notice to user.
Remove any proprietary notices or labels on the Site or Site Content.
Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
The company controls and operates this Platform from its headquarters in Ahmedabad (Gujarat), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.
The Company does not claim ownership or rights over any information, data, documents, or materials ("Materials") provided by you on the Platform. However, certain institutions using the platform may have subscribed to third-party content, owned by those respective 3rd party content providers. The Company does not claim ownership or accuracy of such third-party content. The Company may, at its discretion, incorporate these Materials into the Services either wholly, partially, or in modified forms. By submitting or making Materials available on the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials, including the use of your name in connection with such content, unless otherwise agreed by the Company.
You hereby represent, warrant and covenant that any Material you provide do not include anything to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company.
Any unauthenticated or manipulated data (in any form) leading to forgery.
Any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ''The company's Associates") will not be responsible or liable for:
(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
Any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
Any use of the Platform or content or Services, or
The performance or non-performance by us or the company's Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
User content or the defamatory, offensive, or illegal conduct of any third party.
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform
In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to company hereunder.
When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication. You agree to visit our terms and condition & Privacy policy on company’s website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.
The Platform or third parties may provide links to other web sites or third-party resources solely for your convenience and information only. The company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.
The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. You are advised to refer this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Telephone calls to our customer service help line on the numbers mentioned in the Contact Us or calls made by our support desk may be monitored or recorded training and service improvement purpose. A recording will only be used under proper and careful supervision. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same.
Please feel free to share your feedback with us. We will assume no responsibility for reviewing unsolicited ideas. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to the Fund Seeker (retail stores). In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
The retail stores hereby authorize and provides the consent to the company to act through the Platform as a facilitator between retail stores and the bankers purely for commercial and non-commercial and personal purposes, only. Accordingly, the company is entitled to provide a platform for generating leads, facilitating the funding process between the retail stores and the bankers, engaging different third-party agencies as may deem fit to us and obtain and analysing various data including but not limited to Credit Bureau, GST returns, Income Tax Returns, Bank Statement, credit guarantee, fraud check etc., and for the purpose retail stores may be directed to various websites of third parties for verification etc.
As a facilitator, the company's Platform shall purely facilitate lead generation as well as the collection, uploading and integration of information received from a retail store with the banker's system in the manner, to the extent possible, as required by the banker. It is the obligation of the retail store to ensure that all information uploaded is true and correct and the company is at no stage required to check the veracity, accurateness or authenticity of any of the information/documents uploaded by the retail store.
The company and its Platform in no event or circumstance can be held responsible or liable for any damages, costs, expenses and/or claims that may arise due to the company generating a lead, matching and forwarding a loan requirement of a retail store to the banker via this Platform. The company and the Platform at no time are making any representations, claims, valuations and/or warranties with respect to the parties involved or the contents and information made available by each of the Party to the other. Each user of the Platform and the Services offered is responsible for carrying out its independent check, authentication, verification and due diligence before acting on any corporate proposal forwarded by the Platform. No claim in this regard shall stand against the company and/or the Platform.
The company has used reasonable endeavours to get best possible securities for its data center however in case of any data theft/hacking/attack/any event beyond its control, the company does not guarantee data security and accepts no responsibility or liability for any loss or damage arising as consequence of such event/s. All information shared by the user with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected. However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality and shall be liable in case of any breach. The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis. All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
A breach or non-compliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breaches or fails to comply with any of the provisions of this Part B.
In case of any dispute, the Parties shall first resolve the dispute amicably within 30 days. If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, either Party may initiate arbitration under the Arbitration and Conciliation Act 1996, by appointing sole Arbitrator agreed upon by the Parties. The arbitration will be held in Ahmedabad, India, in English. Any arbitral award may be entered and enforced in the courts of Ahmedabad, which have exclusive jurisdiction over arbitration-related matters.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.
This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
It is to be clarified that the role of the company and/or its Platform is limited as a facilitator between the retail stores and the bankers. The company and/or its Platform are not responsible for any performance or non-performance (Financial or otherwise) by the both parties. All information in this Platform is provided "as is" without warranties, expressed or implied, or representations of any kind. To the fullest extent permissible under applicable law, the company will not be liable for the quality, accuracy, completeness, reliability or timeliness of this information, or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of this information by you or anyone else (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information). To the fullest extent permitted by law, the company will not be liable to you or anyone else under any tort, contract, negligence, strict liability or other theory with respect to information made available by the company through its Platform or by other means.
Retail stores/ users are in no way permitted to promote / represent / market /portray the company in such a manner that it may damage the repute and brand image of the company.
You hereby confirm by clicking on "I Accept" [ ] for having read and understood the Agreement (Terms of Use, all sections - Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.