This Terms of Service Agreement (the 'Agreement') governs your use of the website Afinoz.com (the 'Website'), Afinoz ('Business Name') & the offering of products and services on this Website. This Agreement includes and incorporates by this reference, the policies and guidelines referenced below. Afinoz reserves the right to change or revise the terms and conditions of this Agreement at any point of time by posting any changes or a revised Agreement on this Website. Afinoz will inform you about the changes or revisions made, by indicating on the top of this Agreement, the date on which it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will imply your acceptance of any such changes or revisions. Afinoz encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter, in any way, the terms or conditions of any other written agreement you may have with Afinoz for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please terminate your use of the Website immediately.
I. Products Terms of Offer:- This Website offers certain Products and Services (the 'Products'). By availing or using Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation:- Unless you notify our third-party call center representatives or direct Afinoz representatives, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to do a credit bureau check and to receive further emails /call solicitations from Afinoz and its designated in-house/ third-party, Bank and NBFC call team(s). You hereby provide your consent to Afinoz for sharing your details with Bank to receive your personal loan offers basis your data available with Bank.
Proprietary Rights:- Afinoz has proprietary rights and trade secrets in the Products and Services offered. You can not copy, reproduce, resell or redistribute any Product or Services distributed and/or offered. Afinoz also has the sole rights to all trademarks/trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
II. Website Content, Intellectual Property, Third Party Links:- In addition to making the Products and Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links, to third-party websites. Afinoz does not always create the information offered on this Website; instead, the information is often gathered from other sources. If at all Afinoz creates some of the contents on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal and non-commercial use. Any links to third-party websites are provided solely as a matter of convenience to you. Afinoz does not endorse the contents on any such third-party websites. Afinoz is not responsible for any damage that may result from your access to or reliance on these third-party websites. If you link to any of these third-party websites, you do so at your own risk.
Use of Website:- Afinoz is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell materials on the Website, (4) not engage, directly or indirectly, in transmission of 'spam', chain letters, junk mail or any other types of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License:- By using this Website, you are granted a limited, non-exclusive and non-transferable right to use the content and materials on the Website in connection with your normal/non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without prior written authorization from Afinoz or the applicable third party (if the third-party content is at issue).
By posting, storing or transmitting any content on the Website, you hereby grant Afinoz a perpetual, worldwide, non-exclusive, royalty-free and assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
CIBIL/Credit Report :- I/We agree to undergo KYC requirements as required and specified by Transunion CIBIL and allow Afinoz to pull our CIBIL/Credit report.
III. Disclaimer of Offers/Benefits Your use of this website and/or products and services are at your sole risk. The website and products are offered on 'as is' and 'as available' basis. Afinoz expressly disclaims that offers/ benefits of any kind, whether express or implied, including, but not limited to, and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products are at sole discretion of Afinoz. It can remove these offers at any time without any prior notice.
We also hereby declare that our current offers related to free tax advisory and ITR filing is available only for salaried persons.
IV. Limitation of Liability Afinoz shall not be liable entirely or partly, for any of your remedy, in law, in equity, or otherwise, with respect to the website content and products/services.
Afinoz will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/services in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products/services; (2) the cost of procuring substitute products/services or content; (3) any products/services availed, obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Hence, some of the above limitations may not be applicable to you.
V. Indemnification You will release, indemnify, defend and hold harmless Afinoz, and any of its shareholders, directors, employees, officers, contractors, agents, affiliates and assignees from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products/Services or your use of the Products/Services (including Trial Products/Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Afinoz. When Afinoz is threatened with suit or sued by a third party, Afinoz may seek written assurances from you concerning your promise to indemnify Afinoz; your failure to provide such assurances may be considered by Afinoz to be a material breach of this Agreement. Afinoz will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products/Services, with a counsel of Afinoz’s choice at its expense. Afinoz will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Afinoz against any claim, but you must receive Afinoz’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. Privacy Afinoz believes strongly in protecting user privacy.
VII. Agreement to be Bound By using this Website or availing Products/Services, you acknowledge that you have read and agreed to be bound by this Agreement and all terms and conditions on this Website.
VIII. General Force Majeure:- Afinoz will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Afinoz may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement:- This Agreement comprises the entire agreement between you and Afinoz and supersedes any prior agreementspertaining to the subject matter contained herein.
Effect of Waiver:- The failure of Afinoz to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law, Jurisdiction:- This Website originates from Delhi. This Agreement will be governed by the laws of the State of Delhi, without regard to its conflict of law principles to the contrary. Neither you, nor Afinoz will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Delhi. By using this Website or availing Products & Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, and proceeding or claim to arise under or by reason of this Agreement. You hereby waive any right to trial by jury, arising out of this Agreement and any related documents.
Statute of Limitation:- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products/Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights:- By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Agreement must be asserted individually.
Termination:- Afinoz reserves the right to terminate your access to the website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Afinoz may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Afinoz reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Afinoz chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use:- Afinoz makes no representation that the Website or Products/Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment:- You may not assign your rights and obligations under this Agreement to anyone. Afinoz may assign its rights and obligations under this Agreement in its sole discretion and without advance notice.
By using this website or availing products/services from this website, you agree to be bound by all of the terms and conditions of this agreement.