Welcome to www.digitmoney.in (“Website”) owned and operated by DigitMoney Solutions Private Limited (‘’DigitMoney’’), a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at OFFICE ADDRESS
This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.
1. PROPRIETARY RIGHTS
You acknowledge and agree that DigitMoney owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by DigitMoney and that you shall not disclose such information without DigitMoney's prior written consent. DigitMoney grants you a limited license to access and make personal use of the Website 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. You do not have the right to use any of DigitMoney'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 Services.
2. USAGE OF THE WEBSITE
The Website is intended for personal and non-commercial use. You shall register to become a member of the Website only if you are of the age of 18 or above and can enter into binding contracts as per applicable laws. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Website by you and anyone using your password and login information (with or without your permission).
You also agree to provide true, accurate, current and complete information about yourself as and when prompted by the Website. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or DigitMoney has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, DigitMoney shall have the right to suspend or terminate your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.
By making use of the Website, and furnishing your personal/contact details, you hereby agree that you are interested in knowing more or availing and/or purchasing various products, services, offers, campaigns or other promotional material that DigitMoney or any other third party may offer/provide/share/send you from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), IVR, Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode . You hereby agree that DigitMoney may contact you either electronically or through phone, to understand your interest in the selected products and Services and to fulfil your demand or complete your application. Further you also expressly agree and authorize DigitMoney and its partners, service providers, vendors and other third parties to contact you for the purpose of offering or inviting your interest in availing other products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), IVR, Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
You specifically understand and agree that by using the Website you authorize DigitMoney , its affiliates, partners and third parties to contact you for any follow up calls in relation to the Services provided through the Website and for offering or inviting your interest in availing any other product or service offered by DigitMoney or such third parties. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
You agree and authorize DigitMoney to share your information, with its group companies, vendors, service providers of DigitMoney and other third parties, in so far as required for marketing purposes/offering/cross-selling various products and services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise. You agree to receive communications through telephone, SMS (short messaging service), electronic mail (e-mail), IVR, Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode from DigitMoney or third parties. You also agree that DigitMoney reserves the right to make your details available to its partner banks/financial institutions, vendors, service providers, business partners, agents or any other third party and that you may be contacted by such partners and/or the third party for information through telephone, SMS (short messaging service), electronic mail (e-mail), IVR, Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. If you request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to your data already shared by DigitMoney with its partners upon your prior consent. In case you do not wish to receive any such communication/marketing materials from our partner banks/ financial institutions/third parties, we request you to kindly get in touch with them independently, without involving DigitMoney.
You agree and acknowledge that for undertaking any financial transaction through the Website, DigitMoney may undertake client/customer due diligence measurers and seek mandatory information required for Know-Your-Customer (“KYC”) purpose which as a customer you are obliged to give, while facilitating your request of loan/credit card/mutual fund and other financial product requirements with the banks/financial institutions, in accordance with applicable law and regulations. DigitMoney may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that DigitMoney can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under applicable laws and regulations.
The usage of the Website may also require you to provide consent for keying in your Personal Information (“PI”) (including but not limited to any personal data or sensitive personal data as defined under applicable law) or to authorize DigitMoney to derive your data/information from any source or public registry, as may be necessary to complete your profile or your application on the Website, conduct due diligence on you, assessing your eligibility for the products/services, undertaking KYC checks by DigitMoney or any other third party and/or to process your application through this Website. Your PI may also be used or shared with third parties, including but not limited to our vendors, service providers, analytics and research partners in India and abroad, with the sole objective of making your experience on the Website better, faster, friction-less and paperless to the extent possible.. However, DigitMoney shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, DigitMoney shall not be liable to you against any liability or claims which may arise out of such transactions as any such PI is being collected, used, processed and shared with your explicit consent.
You shall not sell DigitMoney’s Services, information, or software associated with or derived from it or use any robot, spider, other automatic device, or manual process to monitor or copy the Website and or its content or interfere or disrupt the Website; take any action that imposes an unreasonably or disproportionately large load on DigitMoney’s infrastructure/network or use any device, or interfere or attempt to interfere with the DigitMoney Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through DigitMoney or to manipulate your presence on the Website.
You may only use the Website to search for and to apply for loans, mutual funds, credit cards or other financial products as may be displayed on the Website from time to time and you shall not use the Website to make a fraudulent application for any products listed on the Website. You agree not to use the Website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. Since the Website is in operation in India, while using the Website, you shall agree to comply with laws that apply to India and your own country (in case of you being a foreign national). We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Website. DigitMoney does not provide any Service to individuals resident in the European Union, European Economic Area, Switzerland, Guernsey and Jersey.
You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
4. THIRD PARTY LINKS/OFFERS
This Website may provide links to other websites or resources. Since DigitMoney has no control over such third party websites and resources, you acknowledge and agree that DigitMoney is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DigitMoney 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 content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and DigitMoney 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.
5. OUR PARTNERS
Display of loan, mutual funds, credit card or other financial products, offered by third parties, on the Website does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of DigitMoney in favour/against such third parties or their products. You agree that DigitMoney is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.
Your interaction with any third party accessed through the Website is at your own risk, and DigitMoney 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.
You agree and acknowledge that the credit shall be at the sole discretion of DigitMoney’s financial partners (lenders, credit card companies, mutual fund companies) while making any application through the Website for a financial product offered by such financial partners; DigitMoney shall not be held liable for any delay, rejection or approval of any application made through its Website.
6. DISCLAIMER OF WARRANTY
The Website and all content and Services provided on the Website are provided on an "as is" and "as available" basis. DigitMoney 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. DigitMoney makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.
Some of the content on the Website is aimed at spreading general awareness about various financial and ancillary services but does not constitute any investment advice, and the same shall not be construed as any solicitation, endorsement, advertising, marketing or promotion of such services by DigitMoney. These content and/or information are derived from publicly available sources and DigitMoney cannot verify or confirm the genuineness, authenticity or veracity of such information.
DigitMoney, either directly, or through its business partners/vendors may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between you, DigitMoney and its business partners, as the case may be. DigitMoney shall initiate the remittance of the payments made by you and the date of completion of transaction shall be after the products are delivered to the you or after the Services are rendered to you and such other additional time as may be agreed between Website and its business partners, as the case may be.
While availing any of the payment method/s available on the Website, DigitMoney will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Any payment issues arising out of the transaction, or
3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
4. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of you/your transaction.
7. LIMITATION OF LIABILITY
You agree to indemnify and hold DigitMoney (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 this Terms, your violation of any law or the rights of a third party, or your use of the Website.
Any failure or delay by DigitMoney to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by DigitMoney of that provision or right. The exercise of one or more of DigitMoney’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to DigitMoney under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of DigitMoney.
10. FORCE MAJEURE
If performance of Services/Website by DigitMoney is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of DigitMoney and could not have been prevented by reasonable precautions, then DigitMoney shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by DigitMoney of its obligations herein or incur any legal liability on DigitMoney.
11. ADDITIONAL TERMS
You may not assign or otherwise transfer your rights or obligations under these Terms. DigitMoney may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you. If we fail to act on your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. Other terms and conditions may apply to loans, mutual funds, credit cards or other financial products that you may apply on the Website. You will observe these other terms and conditions. The laws of the India, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of the same. If you take any legal action relating to your use of the Website or these Terms, you agree to file such action only in the courts located in Chennai, India. In any such action that we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement. This paragraph shall survive termination of this agreement.