This document records the terms and conditions that apply to the access and use of the website and its mobile application available by the name of Arambh (available at android and iOS platforms) (collectively, website and mobile application(s) to be referred to as “Platform”), which is managed and operated by/ on behalf of Arambh Fintech Private Limited, (hereinafter to be referred to as “Arambh” or “Company” or “We” or “Us”), incorporated under the laws of India.
By accessing the Platform or registering your information on the Platform or availing the services of the Company, the users (hereinafter referred to as “You” or “Your” or “Customer” or “User”) agree to be bound by these Terms and Conditions (“Terms”). These Terms along with Privacy Policy describes Arambh’s relationship with you and will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided through this Platform and shall be deemed to be incorporated into the Terms and shall be considered as part of the Terms.
The Terms are deemed as ‘electronic records’ under the applicable information technology laws and various rules thereunder, as applicable and amended from time to time. The Terms are generated by a computer system and do not require any physical or digital signatures.
You accept these Terms when you visit the Platform, sign up for, access, or use any of our services, including but not limited to features, technologies or functions offered on our Platform including products and services (collectively referred to as “Services”). For the avoidance of doubt, Services excludes products, services offered by and/or on behalf of third-party service providers, via the Platform.
You understand and agree that Arambh will treat your use of the Services as acceptance of the Terms from such point of usage. You shall not use the Services, visit the Platform if you do not accept the Terms.
By accepting these Terms, you hereby declare and confirm that:
1. You are above 18 (Eighteen) years of age.
2. Have the capacity to enter into a legally binding contract as specified under the Indian Contract Act, 1872, while accessing the Platform and/or availing the Services offered by the Company.
3. You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable law.
In order to use the Services, you need to register on the Platform and provide us with accurate information as requested by us and ensure that such information is complete and updated at all times, in all aspects.
Arambh reserves the right to suspend any account, block any User from accessing the Platform and/or availing any Service if it determines the same to contain incorrect information and/or is erroneous or is a violation of the Terms.
For availing the Services and third-party products and services, certain additional terms and conditions will apply. Kindly read those additional terms and conditions carefully, before accepting.
You shall be solely responsible for maintaining the confidentiality of your password and login ID that allows you to access the Platform. You shall be responsible for all activities that occur through your account or password. You shall intimate Arambh immediately of any suspected/actual unauthorized use of your account. Arambh shall not be liable for any unauthorized use or access of your account including any loss that might be caused to you from unauthorised access.
You acknowledge and agree that Arambh owns all rights, title and interest in and to the Services and the Platform, including any intellectual property rights which subsist in the Services (whether registered or not) and the Platform. You further acknowledge that the Services may contain information which is designated confidential by Arambh and that you shall not disclose such information without Arambh’s prior written consent.
Arambh grants you a limited license to access and make personal use of the Platform and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services and the Platform. You do not have the right to use any of Arambh’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the contents of the Platform. You shall not use this Platform or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate, illegal means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User on the Platform, including any account on the Platform not owned by you, to its source, or exploit the Platform or information made available or offered by or through the Platform in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You will not misrepresent, conceal your identity or otherwise manipulate identifiers to disguise the origin of any communication that you may send to us on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
By making use of the Platform, and furnishing your personal/contact details, you hereby agree that you are interested in the Services that Arambh may offer/provide/share/send to you from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means or mode. This can be for the purpose of gauging your interest in the Services, third-party products or services and fulfil your request, complete your application and for customer servicing. This includes follow-up calls as well as calls pertaining to similar Services and/or third-party products and services. You agree and consent to receive communications relating to all of the above on your phone/mobile number as provided by you on the Platform.
Arambh has entered into contractual arrangements with third-party service providers wherein such third parties shall be providing their services and products to the Users via the Platform.
You agree and understand that under such an arrangement with third-party service providers, Arambh shall be acting as a referrer, whose role shall be limited to introducing, referring and directing the Users to the third-party service provider, post which Users will be sharing/providing the specific details on the Platform, as requested by the third party. Once Customers have been referred, the Customers are solely responsible for any and all services and/or products availed by them from third-parties.
Arambh and any of its employees, agents, principals, or representatives do not vouch for authenticity, genuineness, transparency, security about third -party service providers and neither provides the User with any representation, assurance or warranty (express or implied) about the same. Your interaction with any third party accessed through the Platform is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third-parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third-parties. We suggest that the Users should study the terms and conditions, carry out their due-diligence before entering into any contractual arrangement with such third-party service provider.
It is clarified that Arambh is not the provider of the products and services offered by such third-parties and is only a facilitator for their services and products and therefore in the event of any dispute whatsoever, it shall not assume any responsibility.
You agree to indemnify and hold Arambh (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of the Terms, your violation of any law or the rights of a third party, or your use of the Platform, any dispute or litigation caused by your actions or omissions, your negligence and fraud committed by you.
Not with standing anything to the contrary, Arambh (including its officers, directors, employees, representatives, affiliates, group companies and providers) will not be responsible or liable for:
1. 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 (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform including the Services), or (ii) any use of the Platform or content, or (iii) the performance or non-performance by Us or any provider, even if We have been advised of the possibility of damages to you or any other party, or
2. Any damages to or viruses that may infect your device or other property as the result of your access to the Platform or your downloading of any content from the Platform. The Platform may provide links to other third-party platforms. However, since Arambh has no control over such third-party platforms, you acknowledge and agree that Arambh is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party platforms.
The Platform and all content and Services including the Products provided on the Platform are provided on an “as is” and “as available” basis. Arambh expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Arambh makes no warranty, and expressly disclaims any obligation, that:
1. The content will be up to-date, complete, comprehensive, accurate or applicable to your circumstances;
2. The Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
3. The results that may be obtained from the use of the Platform or any Services offered through the Platform will be accurate or reliable; or
4. The quality of any products, services, information, or other material obtained by you through the Platform will meet your expectations.
Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
You here by agree to provide accurate information, such as credit/debit information for purchasing any Service or third-party services and products, on or through the Platform. You further warrant that you shall not use payment information or instrument that is not lawfully owned by you.
In addition to the above, all the disclaimers specified under the terms and conditions of specific Services shall be deemed to made applicable to the Terms and shall be considered as part of the Terms.
We reserve the right, in our sole and absolute discretion, to suspend or terminate your use of one or more Arambh Services and third-party products and services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of the Terms and other applicable policies that we may publish from time to time.
You understand and accept that if you engage in any of the following activity and/or you host, display, upload, modify, publish, transmit, store, update or share any information on/via the Platform that:
1. Belongs to another person or entity and to which you do not have any right;
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;
3. Is misleading in any manner;
4. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
5. Infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number);
6. Impersonates another person or provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;
7. Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users of the Platform;
8. Engages in commercial activities without Arambh’s prior written consent such as engaging in contests, sweepstakes, barter, advertising etc;
9. Interferes with another User’s use of the Platform;
10. Refers to any website or URL that, in Arambh’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
11. Deceives or misleads the addressee/ Users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
12. Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information;
13. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
14. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
15. Violates any law for the time being in force, shall be considered as violation of the Terms.
Any suspected fraudulent, abusive or illegal activity may be referred to the appropriate law enforcement authorities. These remedies are in addition to any other remedies that Arambh may have at law or in equity.
You agree that we will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
You agree and accept our Privacy Policy, available at: [ Privacy Policy ], which is applicable to anyone who has, is or will be accessing the Platform including the User. Accessing the Platform shall be construed as deemed acceptance of the Privacy Policy.
Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and Arambh and governs your access and use of the Platform.
Advertisement: Arambh shall have the right to place advertisements and publicity materials of its choice, including and pertaining to parties other than itself, for commercial use through electronic means on the Platform. The same shall not be construed as Arambh’s endorsement for such product or service being advertised.
Binding Nature: The Terms shall be binding upon you (and your successors-in-interest) and Aarambh (and its permitted assigns).
Severability: If one or more of the provisions, clauses contained in these Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
Assignment: You may not assign or sub-license, without the prior written consent of Arambh, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. Arambh may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
Conflict: In the event there is any conflict between the terms set out in Terms, the Privacy Policy, and any other policies applicable to specific pages of the Platform, the following order of prevalence shall apply: (i) these Terms (ii) the Privacy Policy, (iii) any other policies applicable to specific pages of the Platform.
Governing Law: These Terms including the Privacy Policy or such other policies, changes or amendments that we may introduce from time to time, shall be governed by the laws of India.
Jurisdiction: You and Arambh agree that all claims, matters and disputes are subject to the exclusive jurisdiction of the competent courts in Noida only. These Terms and Conditions were last updated on 6 day of July, 2022.