These terms and conditions (“Terms & Conditions”) govern the use of the website – http://www.indiumfinance.com/ (“Website”) owned and operated by INDIUMPLUS FINANCIAL SERVICES PVT LTD, a company incorporated under the Companies Act, 2013 and having its registered office at B 2202, Lodha Bellissimo, N.M. Joshi Marg, Apollo Mills Compound, Mumbai – 400011 (hereinafter referred to as "Indium" or "us" or "we") with the aim to be a facilitating partner for Micro, Small and Medium Enterprises and other entities in need of financing along with providing other additional ancillary services.
These Terms & Conditions form a legal and binding agreement between the User and Us and are made pursuant to the Indian Contract Act, 1872 and the Information Technology Act, 2000.
Please read these Terms & Conditions carefully before accessing or using our Website or any part thereof. By accessing or using any part of the Website, You agree to be bound by these Terms & Conditions. If You do not agree to these Terms & Conditions, then You may not access the Website or use any services provided by Us through the Website.
As a user ("User" or "You") of the Website, You understand that Indium is a financial services provider providing access between multiple Users in the form of incorporated entities, partnerships or proprietorships (“Entity” or “Entities”), and financial institutions, data partners and other lending partners, service providers etc. with a view to facilitate borrowing and other business activities for the Entity.
Indium is a NBFC registered with the Reserve Bank of India. Indium is not a deposit taking NBFC or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.
Indium is providing an online and offline platform to service Entities in need of borrowing along with providing additional services of financial management for the Entities. To serve the borrowing needs of the Entities, Indium provides loans on its own and also facilitates access between the Entities and other regulated entities willing to lend (“Services”).
The main objective of Indium is to aid and assist Entities in their business growth by providing suitable financing and business management solutions, through optimal use of technology and by collaborating with other players in the financial ecosystem.
The User of this Website unequivocally declares and agrees that the User is legally allowed to enter into a contract in India and has the authority to bind the concerned Entity and other co-applicants / guarantors to these Terms & Conditions for accessing or using the Website and availing the Services. If the User violates any of these Terms & Conditions, or otherwise violates an agreement entered into through the medium of the Website, Indium may terminate the User’s membership, delete the Entity’s profile and any content or information posted online by the User on the Website or prohibit the User from using or accessing the Website at any time in its sole discretion, with or without notice.
You are advised to read and understand the said Terms & Conditions and in case You do not wish to agree to these Terms & Conditions, please refrain from using the Website or the Services or any part thereof.
Indium reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes. User’s continued use of the Website following the modification of these Terms and Conditions will imply the acceptance of the revisions by the User.
You are responsible for maintaining the confidentiality and security of Your account, password, activities that occur in or through Your account and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details You provide Us are true, correct, accurate and complete. Upon Indium gaining knowledge or having any reasonable suspicion that the information provided by You is wrong, inaccurate or incorrect, Indium may immediately terminate Your account without any notice to You in this regard. In the event of any changes to the information shared by You after registering Yourself on the Website, You shall be responsible for forthwith notifying the said changes to Us. The right to use this Website and the Account made by the User is personal to the User for the Entity for which it is created and is not transferable to any other person or entity.
You further understand and agree that as long as your User ID remains registered with Us, We may, from time to time, recommend our own products and Services or the products and/or services of third party banks and other credit institutions to you. You hereby consent that based upon Your request, We may forward Your contact details to third party banks and credit institutions, and You authorize them to contact You, even if you are registered with a Do Not Call (DNC) status with your telecom provider. If You have asked Us, or if You do ask Us in future not to send You any marketing material, You agree that this restriction will not apply to these recommendations / referrals. The provision of referrals related to the products and/or services of third-party banks and other credit institutions is purely a referral service and is not an offer made to You by Us for any financial product and/or financial services and should not be construed as such. Such third-party referral is provided strictly on a non-risk participation basis.
Indium grants You a limited, non-transferable and revocable license to access and use the Website or any part thereof for availing the Services and/or the products, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of Indium and / or its affiliates, as may be applicable.
Any unauthorized access to the Website (or any part thereof) or any networks, servers or computer systems connected to Website and any attempt to modify, adapt, translate or reverse engineer any part of the Website or re-format or frame any portion of the pages of the Website is not permitted.
This license is non-transferable and does not permit any resale or commercial use of this Website or its contents by You; any downloading or copying of account information for the benefit of anyone other than Your use; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use of the Website shall entitle us to terminate the permission or revoke the license granted by Indium.
Indium always has the right and liberty to monitor the content of the Website or any part thereof which shall include information provided in Your account. The monitoring of the Website is important to determine the veracity of the information provided by You and to ensure compliance with applicable laws. Further, You understand that Indium shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions or any applicable laws in force in India or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
Indium may wish to stop providing the Services or the Products and may terminate use of it at any time without giving notice of termination to You. Unless Indium informs the User otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms and Conditions will end; and (b) User must stop using the Website or any part thereof forthwith. Indium shall have no liability or responsibility to the User in any manner whatsoever in such an event.
In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Website forthwith in case of breach of the obligations placed on You hereinabove.
For any loan or facility granted by Indium, you understand and acknowledge that Indium has the absolute discretion, to accept or reject your application and/or to provide the loan or facility for such amount/limit, as may be deemed fit by Indium in its sole discretion.
Indium does not make any representations or warranties on behalf of the financial lending partners, banks or NBFCs partnered with Indium and its affiliates with respect to the financial products / loans provided by such financial lending partners to the Entities through the Website. You understand that the decision to grant a facility or a loan to the Entity shall vest solely with our financial / lending partners and Indium shall have no liability or responsibility in this regard.
YOUR USE OF THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
INDIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. INDIUM FURTHER MAKES NO WARRANTY THAT: (i) THE SERVICE OF THE WEBISTE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE / PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE / PRODUCT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIUM THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU FURTHER AGREE THAT NEITHER INDIUM, ITS AFFILIATES, BUSINESS ASSOCIATES, LENDING PARTNERS OR THIRD PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE / WEBSITE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES / PRODUCTS, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE / PRODUCT / WEBSITE. THE MAXIMUM LIABILITY OF INDIUM SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO INDIUM FOR THE SERVICE / PRODUCT / WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE, DISCHARGE AND HOLD HARMLESS INDIUM, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PART THEREOF.
You agree to indemnify, save, and hold Indium, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Website or the Services, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Website.
Indium reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Indium, including rights to settle, and You agree to cooperate with Indiums’ defense and settlement of these claims. Indium will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.
Your use of this Website and these Term & Conditions shall be subject to laws of India. In case of any disputes arising out of the use of the Website or Products or any part thereof, Courts of Mumbai will have exclusive jurisdiction.