PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY PRIOR TO REGISTERING FOR OR USING OUR APP (AS DEFINED BELOW). IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF USE AGREEMENT, DO NOT ATTEMPT TO REGISTER FOR OUR APP, USE OUR APP OR OTHERWISE ACCESS THE APP OR ANY PORTION THEREOF.
This Terms of Use Agreement (this “Agreement”) describes the terms and conditions and governs the relationship between you, the user, and/or any of your agent(s) (referred to herein as “you” or “your”) and IIFL Home Finance Limited (referred to herein as “Company,” “we,” “us” or “our”), with respect to your use of our App (as defined below). You must read the following information and agree to the terms and conditions before proceeding. By registering for or using the App, you acknowledge that you have read and accept the terms and conditions set forth below and agree to be bound by such terms and conditions.
“App” means IIFL Home Finance Limited application software platform, and any modifications thereto by the Company. The App shall include without limitation all data input and output related to IIFL Kutumb, and any other technical documentation, instructions, formulas, algorithms, processes, flow charts, design details, graphical interface, images, design materials, scheme designs, or specifications related thereto.
“Intellectual Property Rights” means any rights associated with intellectual property, including without limitation (i) rights in patents and inventions, (ii) trademarks, service marks, trade names, logos and corporate names (in each case, whether registered or unregistered), including all goodwill associated therewith, (iii) copyrights (registered or unregistered) and works of authorship, (iv) computer software, data, interfaces and documentation thereof, (v) trade secrets, and (vi) all rights, remedies against infringements and rights to protect such interests.
“Privacy Policy” means the Company’s privacy policy, as amended from time to time.
“Third Party Property” means materials and information, in any form or medium, including without limitation any software, documents, instructions, user manuals, materials, data, content, specifications, products, equipment or components or other tangible or intangible property incorporated into the App or used in connection with the App that are the property of a third party.
The App may include Third Party Property. Third Party Property is available through hyperlinks to third-party websites, or is simply published on the App. Your rights and obligations with respect to such Third Party Property shall be subject to all terms and conditions of each applicable third-party license relating to Third Party Property. You agree to be legally bound by all said applicable third-party licenses. The Company makes no claim of ownership of, or any representations or warranties with respect to, any Third Party Property (or modification, derivative work, distribution, or sublicensing thereof), and such Third Party Property is supplied solely in accordance with the license agreements accompanying such Third Party Property. The Company is not liable for any Third Party Property and your use of said Third Party Property.
The Company has not been involved in the preparation, adoption or editing of such Third Party Property and does not explicitly or implicitly endorse or approve such Third Party Property. Any opinions or recommendations expressed via Third Party Property are solely those of the independent providers, not of the Company. The Company is not responsible for any errors or omissions relating to specific information provided by any third-party. While the Company attempts to provide accurate and timely information to serve the needs of users, neither the Company nor the Third Party Property providers guarantee its accuracy, timeliness, completeness, usefulness or any other aspect of the information and are not responsible or liable for any such content or your use thereof, including any advertising, products, or other materials on or available from third-party websites. You will access and use Third Party Property at your own risk. Third Party Property is provided for informational purposes only, and the Company and the Third Party Property providers shall not be liable for any loss or damage arising from your reliance upon such information.
As between you and the Company, the Company and its third-party licensors retain all respective ownership and Intellectual Property Rights in and to the App and incorporated Third Party Materials. You may use the information on the App for your personal reference only. Trademarks owned by the Company or providers of content on the App are used to act as an indication of source or origin of associated services. Nothing on the App should be considered as granting any license or right under any trademark of the Company or any third party, nor should a user attempt to use, copy adapt or attempt to register any similar trademarks to any trademarks or logos appearing on the App or in the information therein.
You hereby acknowledge and agree the Company shall be the exclusive owner of all non- personally identifiable information input by you into the App. Such data input, and the related data output, generated via the App shall be deemed the intellectual property of the Company, and the Company expressly owns all Intellectual Property Rights thereto, including without limitation the right to publish your questions and the corresponding answers.
Messages sent over the Internet cannot be guaranteed to be completely secure. The Company will not be responsible for any damages incurred by you as a result of any delay, loss, diversion, alteration or corruption of any message either sent to or received from the Company at your request, over the Internet.
Communication over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or otherwise.
The Company does not represent or warrant that the App will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. The Company makes no representations or warranties regarding the accuracy, functionality or performance of any Third Party Property that may be used in connection with App.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY, AND NON-INFRINGEMENT, IN EACH CASE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. WITHOUT LIMITATION, BUT SUBJECT TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, BE COMPLETELY SECURE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE COMPANY IS NOT RESPONSIBLE IN ANY MANNER FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE APP.
Your privacy is important to us. We collect nonpublic personal information about you that is either provided to us by you or obtained by us with your authorization. You hereby agree to provide us (as well as third parties acting on our behalf to provide any third party components of the App) the right to transmit, process, use and disclose such information to the extent: (i) necessary to enable your use of the App under this Agreement, (ii) otherwise permitted by this Agreement, (iii) otherwise required by law, regulation or court order, or (iv) necessary to respond to an emergency. Your use of the App described in this Agreement is subject to our Privacy Policy, which, among other things, sets forth what data we collect, how the data is used, and the security measures we take to protect your data privacy. A copy of the Privacy Policy can be found at.
YOU AGREE THAT THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS, INFORMATION PROVIDERS, PARTNERS AND SUPPLIERS (COLLECTIVELY, THE “COMPANY GROUP”) SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE APP. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY GROUP (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE COMPANY GROUP) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE APP.. IN NO EVENT SHALL THE COMPANY GROUP BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE APP OR THE CONTENT THEREIN (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AVAILABILITY OF THE APP DEPENDS ON MANY FACTORS, INCLUDING YOUR CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR INABILITY TO ACCESS THE APP, OR DATA OR OUTPUT ERRORS (I) CAUSED BY FACTORS OUTSIDE OF COMPANY’S REASONABLE CONTROL; (II) THAT RESULTED FROM YOUR OR ANY THIRD-PARTY’S ACTIONS OR INACTION; (III) THAT RESULTED FROM YOUR EQUIPMENT AND/OR THIRD-PARTY EQUIPMENT NOT WITHIN COMPANY’S SOLE CONTROL; OR (IV) CONNECTIONS TO THE INTERNET WHICH ARE NOT WITHIN COMPANY’S SOLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY OR IS DEEMED TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY AND DAMAGE EXCLUSION SHALL ONLY BE RESTRICTED OR DIMINISHED TO THE EXTENT NECESSARY TO BE LEGALLY ENFORCEABLE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
You agree, at your own expense, to indemnify, defend and hold harmless the Company Group from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the App including without limitation: (i) your use of the App; (ii) use of the App by someone using your account; (iii) a violation of this Agreement by you or anyone using your account; (iv) a claim that any use of the App by you or someone using your account (a) infringes any Intellectual Property Rights of a third-party, (b) violates any right of privacy or publicity, or (c) engages in activity that otherwise results in injury or damage to any third-party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of the App by you or someone using your account; (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense. You acknowledge and agree to pay reasonable attorneys’ fees incurred by us in connection with any and all lawsuits brought against you by the Company Group under this Agreement, including without limitation, lawsuits arising from your failure to indemnify us pursuant to this Agreement.