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Terms & Conditions

Terms of Use

Welcome to Adhiban - 99Banks Loans

By accessing this platform ("The Platform") developed, operated and maintained by Adhiban finserv private limited (App Name : 99banks) (hereinafter referred to as "The Company"), a company incorporated under the Companies Act, 2013, having registered office at 1B, First Floor, KPM commercial Center, No: 63, Narayanasamy Layout, Bharathiyar Rd, near GKNM Hospital Signal, Pappanaikenpalayam, Coimbatore, Tamil Nadu 641037, you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.

Before you may use the Website, you must read all of the terms and conditions ("Terms") herein and the Privacy Policy provided on the Website.

Please also refer the additional legal information as may be applicable to you.

It is strongly recommended for you to return to 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 Website 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 Website in any way, you should immediately terminate use of the Website.

PART A: GENERAL TERMS AND CONDITIONS OF USE

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) Rules, 2011 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 Adhiban - 99Banks loans linked Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement).

By using Adhiban - 99Banks loans Financial 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.

Description of Services:

This Platform is basically a Platform to connect users like Fund Seekers, Fund Providers. The company shall endeavor to provide to its users through the Platform, access to information primarily about availability of financial products. This Platform is designed specifically to assist and facilitate Financial/Funding needs, other needs and requirements by or between the different categories of users ("Objective").

If you are a Fund Provider, a Fund Seeker, or user of any other purpose of your own or as per the policy from time to time and / or acting for your client in any of these categories you can obtain access to this Platform. It is clarified that services availed by you to access this Platform may involve fees of third- party opted by you (such as internet service provider or airtime charges) in addition to any other fees levied or payable separately under this Agreement which shall be borne solely by the users.

Registration:

Registration with the Platform is by way of creating user ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform. The documents to be uploaded needs to be self-attested, verified and authenticated by you. If so required, third party validation or authentication well be obligatory on you. The company/The Platform in no way is responsible or liable for the authenticity or genuineness of any documents uploaded by you or through your financial advisor.

You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company /the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication. You agree to receive promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.

Proprietary rights:

You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist).

All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company.The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright.

You further acknowledge that the Platform/Services 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 and/or the Services.

The trademarks, logos, designs and service marks ("Marks") displayed on this Site are the property of the Company and shall always remain the sole property of the Company. Trade marks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company'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 or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services.

License and Platform Access/Usage of the Platform:

The company grants you a limited license to access and make use of the Platform, the Products/Services offered purely for commercial purpose only.

This license does not include any downloading or copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not bypass any measures used by the company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.

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.

Your Account:

You represent and warrant that you are of legal age and not a minor competent to contract having a sound mind, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the company under the laws of India or other applicable jurisdiction. You will use the Platform to make legitimate use for you or for any another person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof). Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that maybe in force with or without reason.

Our Partners & Consent:

The company's display on or through the Platform of any financial product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their products. The company does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products. You agree that the company and the Platform is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the company is playing through its Platform is of an facilitator between you and the third parties and any interaction of yours with such third party introduced through the Platform is at your own risk, and the company will have no liability or responsibility 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, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.

You hereby undertake and confirm that the information and data furnished by you to the platform is true and correct. The Platform has been integrated with the Credit Information Bureau (India) Limited and other agencies that are eligible to conduct credit checks of body corporates/MSME and Individuals; pursuant to the same you acknowledge and confirm that you have consented to the sharing of sensitive data provided by you with such agencies. By registering and proceeding with the Application, you hereby authorize the platform and give your consent for the purposes of obtaining a credit report from Credit Information Bureau (India) Limited (CIBIL) or such other authorized agencies which provide such facilities for checking the Bureau score, to know the financial strength and for a review of credit worthiness by the company or any other Financial Institution or Bank. By submitting your query or data/information or using any tools or calculators, you authorize the Company and the Platform and hereby give your consent to share your credit score/information/history with the Bank, Institution, NBFC or a network of concerned fund provider(s)/lender(s) and consent for such Bank, Institution, NBFC or fund provider(s)/lender(s) which you select for proceeding with your application to access your credit information report and contact you regarding your query. It is specifically clarified that the Platform shall not be liable for any Bureau check done by you or the by the Bank or Financial Institution during your application process. The outcome of your case or query or application is confined to the relationship between you and Bank, /Financial Institution, NBFC or the concerned fund provider(s)/lender(s), and the Company and the platform do not assure any specific outcome or an outcome. The Platform has been integrated with Fraud Check data points including but not limited to Payment providers, Identity verification agencies, Credit rating agencies, Fraud prevention agencies, Digital marketing and content delivery agencies, GST Suvidha provider, Application service provider, Bank statement analysing agencies, and such agency may act on its own or on behalf of any other Bank or Financial Institution for conducting necessary checks. You acknowledge and confirm that you have issued your consent to the Platform and such agencies with which the Platform has been integrated for conducting Fraud checks necessary for processing the application on the Platform.

Further the Platform has integration with various Fraud Check data points and it may act on its own or on behalf of any other Bank or Financial Institution for conducting necessary checks. You hereby provide your consent for conducting any such Fraud check necessary for processing the application on the Platform.

Local Laws:

The company controls and operates this Platform from its headquarters in Coimbatore (Tamilnadu), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. 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.

Submitted Content:

The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform. At the company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials you submit or make available for inclusion on the Platform, you grant the company 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 thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company. You hereby represent, warrant and covenant that any Materials you provide do not include anything (including, but not limited to, text, images, music or video) 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. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.

You are prohibited from posting or transmitting to or from this Platform:

  • Any unlawful, threatening, unethical, libelous, defamatory, obscene, pornographic, or other material or content that would violate sentiments/rights of publicity and/or privacy or that would violate any law;
  • 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; and
  • Any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
  • Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.

Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mention under title "Platform-Provided message Postings (Including Forum)" in the document below.

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.

Disclaimer of Warranties:

The Platform and all content and Services made available on the Platform are provided on an "as is" and "as available" basis. The company 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 data accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

The company makes no warranty, and expressly disclaims any obligation, that:

  • The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
  • The Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
  • The results that may be obtained from the use of the Platform or any Services offered through the Platform will be accurate or reliable; and/or
  • The quality of any Services, products, information or other material obtained by you through the Platform will meet your expectations.

Limitation of Liability:

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

(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.

Indemnity:

You agree to indemnify, release and hold harmless the company and the company's Associates from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this Agreement, your violation of any law or the rights of a third party, or your use of the Platform/Services.

Electronic Communication:

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 that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Platform-Provided message Postings (Including Forum):

The Platform may provide users with the ability to post messages on the Platform. The Company is under no obligation to validate in any manner to review any messages, information, data or content ("Postings") posted on the Platform by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, the Company may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings.

You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, terrorism, religious harmony, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
  • Advertisements or solicitations of any kind;
  • Impersonate others or provide any kind of false information;
  • Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
  • Messages by non-spokesperson employees of the company purporting to speak on behalf of the company or containing confidential information or expressing opinions concerning the company;
  • Messages that offer unauthorized downloads of any copyrighted or private information;
  • Multiple messages placed within individual folders by the same user restating the same point;
  • Chain letters of any kind; or
  • Identical (or substantially similar) messages to multiple recipients, advertising any product or service, expressing a political or other similar message(s), or any other type of unsolicited commercial message.
  • This prohibition includes but is not limited to:
  • Using the Platform to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
  • Using the Platform to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and/or
  • Sending messages to distribution lists, newsgroup aliases, or group aliases.

Blogs:

The Company May post blogs on its Platform, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company's Blogs does not create an attorney-client relationship, and the contents of the company's Blogs do not constitute legal advice. Information provided through Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The company and all contributing authors to Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the company, the company's Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs.

The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the company or Blog editors approve or disapprove of the selection or contents of that item.

The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the company and/or its licensors, as applicable. All rights are reserved.

No articles on the Blog may be reproduced without the express written permission of the company. If the company does grant permission to a Platform to reproduce a portion of an article, the text must be accompanied by a link to the full article on the Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of the company. The company may terminate a grant of permission at any time if it determines that such grant is no longer in the best interests of the company. To obtain a permission to reproduce the id: info@99banks.in.

Links:

The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that 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.

Access to Password Protected/Secure Areas:

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.

Modification and Notification of Changes:

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.

Modification and Notification of Changes:

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.

If the company makes a material modification to this Agreement, 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.

Survival of Terms After Agreement Ends:

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.

General:

To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Tamilnadu 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.

Headings are for reference purposes only and do not limit the scope or extent of such section.

The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.

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.

Your Telephone Calls:

Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. 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.

Feedback:

Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. 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.

Additional terms and conditions on certain sections of the site: 

In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.

PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS

Fund Seeker [Corporate/MSME/Retail Products]

[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 a Fund Seeker (Corporate/MSME/Retail Products). 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 Fund Seekers registered in the below category shall ensure compliance with the following terms and conditions at all times for any proposal received 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):

Includes but not limited to : Individuals/Proprietorship, Institutions, Incubation Centers, Companies, Firms, LLPs and any other legal entities.

Authorization : The Fund Seeker hereby authorizes and provides the consent to the company to act through the Platform as a facilitator between the Fund Seeker and the Fund Providers 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 Fund Seeker and the Fund Provider, 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, data from MCA, credit guarantee, fraud check etc., and for the purpose Fund Seeker may be directed to various websites of third parties for verification etc. uploading and proper presentation of the Fund Seeker's data with an aim to assist the Fund Seeker in submitting its Corporate/MSME/Retail Products proposal to the Fund Provider in the manner as maybe required by the Fund Provider in its format and such other services as maybe indicated by the company from time to time on its Platform.

Data Collection and Match Finding : The company maintains a data collection center for all Corporate/MSME/Retail Products proposals received under the categories of Fund Seekers and Fund Providers. The company shall match requirements of corporate/MSME/Retail Products proposals with parameters of various Fund Providers and once a particular Corporate/MSME/Retail Products proposal is matched the company shall electronically connect the relevant parties to each other and share information as available in the database.
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.

Collating and integration of Information : The Fund Seeker shall upload documents on the Platform as per the requirement of a specific Fund Provider or the Platform if no such list of requirement is provided by such Fund Provider (as the case maybe) to enable the Fund Provider to take its decision on a particular investment. The Platform shall ensure, to the extent possible, that all information collated and collected from the Fund Seeker shall be made available to and integrated with the system of the Fund Provider in the Fund Provider's own format and parameters. However, the obligation of the Platform to do so shall be subject to the updation by the Fund Provider of its forms and parameters from time to time. Failure in doing so shall absolve the company / the Platform from any responsibility or liability to the Fund Seeker.
If in a specific case, the Fund Provider does not have its own set of forms and parameters, then the Platform shall have the right to use its own format and parameters to convert and/or format the data and information made available by the Fund Seeker and make the same available to respective Fund Provider(s).

Disclaimer : 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 Fund Seeker with the Fund Provider's system in the manner, to the extent possible, as required by the Fund Provider. It is the obligation of the Fund Seeker 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 Fund Seeker.
Notwithstanding any of the above, the Fund Seeker is solely responsible for carrying out an independent verification exercise of the Fund Provider prior to taking forward any corporate proposal with the Fund Provider. 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 corporate proposal of a Fund Seeker to the Fund Provider. The sole objective of the Platform is to receive online application and based on that to generate leads, obtain and analyse information, match Corporate/MSME/Retail Products proposals, forward analysed information to fund providers, introduce fund provider and fund seeker to each other and facilitate/automate/digitize exchange of information and communication between both the parties. 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.

Status Reporting : The Fund Seeker shall at all times keep the Platform informed about the status and progress of its proposal forwarded to Fund Providers in the manner and format as maybe required by the Platform from time to time. Each Fund Seeker Corporate/MSME/Retail Products proposal shall be given a unique identification number and all communications with the Platform shall quote the unique identification number of the proposal.

Transaction Details : Once a Corporate/MSME/Retail Products proposal is accepted by the Fund Provider, the Fund Seeker and the Funder Provider shall directly negotiate and agree on the transaction details of the Corporate/MSME/Retail Products proposal between each other. The company shall not have any role to play in the same and shall not be responsible or liable for any breach or noncompliance by either the Fund Seeker or the Fund Provider.

Facilitation Fee : The Fund seeker shall pay the platform non-refundable convenience fee as may be specified on the site or applicable from time to time

Refund and Cancellation : This Platform is a facilitator between the Fund Providers and the Fund Seekers and collects facilitation fee after completion of service/work, so we do not offer any refunds or money back. We also do not offer cancellation for any of our services once service/work has commenced. Therefore, Payments made to us at any stage for availing our services shall not be refundable under any circumstances.

CIBIL Ping : While you are seeking for the loan, the loan may / would be processed by any of the partner banks to you. However, in the process of sanction, the credit bureau report of the entity and related parties is fetched by the company or by the concerned bank or financial institution with whom you are applying for loan product and hence, the footprint in the credit information report fetched would be reflected in the name of Adhiban Finserve Private Limited - 99Banks Loans or of the concerned Bank/Financial Institution.

Confidentiality : The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the Fund Seeker.
All information shared by the Fund Seeker as a registered account holder 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. The Platform shall have the right to share the Fund Seeker information with the Fund Providers, 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 (including the Fund Providers) with the Fund Seeker on the Platform shall also be treated as confidential information (unless the same is available in public) and the Fund Seeker 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 Fund Seeker's end leading to any third party claims on the Fund Seeker, the company and/or the Platform shall be handled and settled by the Fund Seeker at its own cost and expense and the company shall not be responsible or liable for the same.

Indemnity : A breach or noncompliance of these Special Terms and Conditions by the Fund Seeker 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 Fund Seeker breaches or fails to comply with any of the provisions of this Part B.

Specific Disclaimer : It is to be clarified that the role of the company and/or its Platform is limited as a facilitator between the Fund Providers and the Fund Seekers. The company and/or its Platform are not responsible for any performance or non-performance (Financial or otherwise) by the Fund Providers and/or Fund Seekers. 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.
Fund Seekers 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.

Dispute Resolution :

Amicable Settlement

If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.

Arbitration

If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.

The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 as in force. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.

The place of arbitration shall be Tamilnadu (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in any court, having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

The Courts at Tamilnadu, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.

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.

Governing Laws and Jurisdiction :

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 Tamilnadu (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.

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/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.

You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us.

You hereby declare that I am of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.

You hereby confirm by clicking on "I Accept" for having read and understood the Agreement ( Terms of Use, all sections - Part A & Part B 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 Adhiban - 99Banks Loans, 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.

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.

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