PG Advisory Services Private Limited, a company incorporated in India, having its registered office at “Flat No A/304, Mayfair Co-Operative Housing Society Ltd, Raviraj Oberoi Complex, New Link Road, Andheri West, Mumbai-400054” (referred to herein as “we”, “our” or “us” or “makemyemi”) operates a web-based payment facility to provide finance to individual borrowers (“Consumers”) to purchase the products/services of certain merchants (“Merchants”) with whom we have tied up with. The finance/ credit/ loan facility to the Consumers for the purchase of products/services of the Merchants shall be provided by certain financial institutions, with whom we have tied up with (“Financial Institutions”), through our website https://www.makemyemi.com (or any successor site) and its related sub-domains, sites, Services and tools (hereinafter referred to as the “Site”).
Our endeavor is to provide an online payment facility to ensure that Consumers, who would prefer to purchase products / services of the Merchants through borrowed funds, are able to find such financing options through the Merchants and this web portal. In this regard, we are in the process of tying up with various Merchants who are willing to make available makemyemi to their customers as a payment option for the purchase of their product/ services and with various Financial Institutions, who are willing to make available funds to the Consumers who are directed to this Site by the Merchants, subject to meeting the terms and conditions stipulated by the said Financial Institutions.
On this Site, a Consumer directed to the website from the Merchant’s website could register or log-in (if already registered) and then avail for finance/ loan/ credit facility that are made available by the Financial Institutions in order to pay for the product/ service of the Merchant. Once the Merchant has provided the details of the product / service, which the Consumer proposes to purchase and the Consumer and/or the Merchant has indicated the amount which the Consumer seeks to borrow for purchasing the said product / service, the details of the Consumer along with the amount which the Consumer seeks to borrower shall be shared with the Financial Institutions and upon the Financial Institutions confirming that the terms of financing sought by the Consumer is acceptable to them, the Financial Institution shall, subject to execution of such documents with the Consumer, as the Financial Institution may indicate, make payment of the required funds directly to the Merchant.
To the extent possible, the Site will cover details of key documents which will be required by the Financial Institutions for verification and for sanctioning the borrowing.
Please note that we shall merely facilitate a transaction of borrowing between the Consumer and the Financial Institutions and that we neither lend nor borrow through this Site. We are neither a financial institution, nor do we run a collective investment scheme or a chit fund or any other such financial scheme.
1. Acceptance of Terms and Conditions
Every effort has been made to ensure, that the information contained on the Site is correct, however, makemyemi makes no warranty as to the accuracy, comprehensiveness, or correctness of any Service(s) on the Site, and provides all Service(s) on an “as is” basis.
By using this Site (other than to read this T&C for the first time), the End User agrees to comply with all of the terms and conditions hereof. If you do not wish to agree to these Terms and Conditions, please refrain from using the Site.
The Service(s) and information displayed on the Site is an “invitation to offer” to the End User. Your application for providing your customers with the makemyemi payment option, or the application for availing to loan/ credit facility to make payment to the Merchant, constitutes your “offer” which shall be subject to the terms and conditions as listed below. We reserve the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your instruction and email you again to confirm details and therefore process the instruction accordingly for provision of Services(s). Our acceptance of your instructions for rendition of services will take place upon rendition of Service(s) ordered. No act or omission of makemyemi prior to the actual rendition of services ordered will constitute acceptance of your offer.
All the End Users are required to be registered to use this Site. While a Merchant or a Financial Institution may be a company or other person, the Consumer may only be an individual.
The purpose of this User Agreement is to set forth the terms and conditions under which, among other things: (i) we will license to you, use of certain of makemyemi’s technology, software and/or services such that you can utilize makemyemi’s Services, and (ii) you can access and/or use the Site.
3. Description of Services
We provide the Consumers a mode of payment that they can use for purchasing products / services from the Merchants, which will be offered by the Merchants to the Consumers along with other payment options and once availed of, the payment will be financed by the Financial Institutions, subject to the Financial Institutions being satisfied that the conditions required for making available such financing has been met.
In the Site, We provide the End Users, who are Merchants, the ability to provide information in relation to the Consumers, including the products / services, being purchased by them, and the repayment schedule proposed for the said Consumers and the End Users, who are Consumers, a platform to provide all details regarding themselves, as would be required for the Financial Institution, to make a decision regarding make available the financing to the Consumers.
The Site is only a platform that allows: (i) Merchants to input the details of products / services that Consumers want to buy using the makemyemi payment option; (ii) Consumers to input their funding requirements as well as details as required by the Financial Institutions, for making available the funding and (iii) Financial Institutions to obtain the details of the Merchant and the Consumers for the purposes of sanctioning the funding to the Consumers and making the payments to the Merchants on behalf of the Consumers.
The Consumers should note that all information provided by the Consumers at the time of registration along with all the necessary documents for KYC submitted by the Consumer on our Site will be made available by us to the Financial Institutions. The Financial Institutions may after verification and after being satisfied that the Consumer satisfies the relevant criteria laid down by them may agree to finance the Consumer’s funding requirement. There is no guarantee that the Financial Institution will grant the required funding upon the Merchant and the Consumer making available the required information and we do not play any role in the decision making process of the Financial Institution and is not responsible for the same.
Upon makemyemi being notified by the Financial Institution about the grant of the required funding requirement, makemyemi shall through the Site, notify the Merchant and the Consumer about the same.
The Financial Institution shall then transfer the funding amount to the Merchant’s account (as per details provided on the Site) and the Consumer shall repay the said amount in equated monthly instalments to the Financial Institution, as agreed upon between the Merchant and the Consumer, at the time of purchase.
In relation to the funding being made available by the Financial Institution, the Consumer will also be required to execute such documents as stipulated by the Financial Institution, and that will be advised to the Consumer, either through the Site or separately by the Financial Institution, at the time of availing of the said funding.
The services provided by makemyemi shall include:
(i) facility for the Merchants to make available payment options to its customers;
(ii) Online payment facility for the Consumers for making payment for products / services from the Merchant by using the funds made available by the Financial Institutions found through the Site; and
(ii) makemyemi’s customer support, enabling you to contact makemyemi at firstname.lastname@example.org with any queries that you may have in relation to the Services provided by us.
In relation to the funding of purchases from the Merchant, please note that the actual disbursement of funds will be done by the Financial Institutions directly to the bank account of the Merchant and no funds will be routed through bank accounts of makemyemi or the Consumer. Similar all repayment to be done by the Consumer to the Financial Institutions will be directly paid to the Financial Institution and will not be routed through, or handled by, makemyemi. However, the information in relation to the accounts where loans have to be disbursed and where loan repayments have to be credited will be hosted on the Site. We do not in any manner collect deposits from the Financial Institutions or any person who would like to earn interest on their money by lending. We only support the Financial Institutions in verifying the details of the Consumer on best effort basis.
4. Registration and Eligibility
You may browse the Site and view some content without registering, but as a condition to using certain aspects of the Site, you are required to register with makemyemi, by creating an account (“Account”) on makemyemi and represent, warrant and covenant that you provide makemyemi with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Site) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account.
Registration as a Merchant
Only those Merchants with whom makemyemi has entered into tie-up’s are entitled to register on the Site as a Merchant. Only upon registration on the Site would the Merchants be entitled to provide makemyemi as a payment facility to their customers. The login details for the Merchants shall be provided as set out in the separate agreement entered into between makemyemi and the said Merchant.
Registration as a Borrower
A person falls under the category of a Consumer if he is an individual who satisfies the following criteria:
(i) Indian resident as per Foreign Exchange Management Act, 1999 and the rules and regulations issued thereunder;
(ii) Above age of 21years;
(iii) Has an identity proof and address proof;
(iv) Has income proof;
(v) Has a valid savings bank account in India; and
(vi) Has a valid PAN card issued by the Government of India
Documents that have to be uploaded by the Borrower on the Site for verification:
The Borrower is required to provide us with certain documents at the time of Account creation, which we reserve the right to have independently verified. Documents required to be submitted include but are not limited to:
(i) PAN Card;
(ii) Aadhar Card;
(iii) Bank Account Statements;
(iv) Email verification;
(v) Employment/Company details;
(vi) Permanent and Current Address Proof;
(vii) Highest Education certificate;
(viii) Salary Slip;
(ix) Latest Form 16’s; and
(x) Latest Income Tax Return.
(xi) Such other information as may be required from time to time.
Only a Consumer who is proposing to purchase any goods / services from a Merchant, shall be entitled to be registered on this Site and use the Site for the purposes of finding a Financial Institution who may be willing to fund the Consumer for the purposes of completing the said purchase from the Merchant.
For the purpose of this User Agreement, Account means the account successfully opened by the User on the Website by inserting all the required information as required to be filled in the registration process on the Site and include any further changes and additions to the information from time to time.
Each Consumer is deemed to have authorised makemyemi or any third party agency to whom makemyemi may find fit to carry out this task, to obtain credit report from CIBIL or such other organisation which provide such facilities or to obtain any other report in relation to the Consumer, not only for the first time on registration but at any time during which the Account is operational at the discretion of makemyemi. The reports referred to above, shall be used for any purpose that is authorized by applicable law in connection with extension of credit transaction or tailor making services involving the Consumer, including but not limited to:
(i) To know the financial strength;
(ii) To know the spending habits of the Consumer;
(ii) To understand the credit worthiness;
(iii) To evaluate the loan amount eligibility;
(iv) To enable quick loan approvals;
(v) To regularly monitor the credit / spending history; and
(vi) To assign risk ratings and to determine recommended interest rate.
Information on above credit report may be displayed on the Site.
The Consumer hereby agrees that documents sought by makemyemi at the time of registration, Account opening or anytime thereafter become part of the official record of makemyemi and will not be returned.
There is currently no charge or fee for browsing or registering or making use of the Site. Further, the terms of the finance between the Consumer and the Financial Institution, may be interest free or for a specified interest, as disclosed at the time of purchasing the products / services from the Merchant. The fees payable by the Merchant to us and by us to the Financial Institution, if any, shall be governed by the terms of the agreement governed by them. makemyemi may at its sole discretion introduce new services and modify some or all of the existing services offered. In such an event we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or makemyemi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof).
As makemyemi is a website that enables Consumers to find Financial Institutions willing to make payments to the Merchants for the services / products being purchased by the Consumer from the Merchant, it considers provisions of wrong information on this web portal willingly an act that would constitute misrepresentation, fraud and cheating. If you use the Site, you are responsible for maintaining the confidentiality of your Account and password, and for restricting access to your computer or your mobile phone or any other device used for accessing your Account. You agree to accept responsibility for all activities that occur under your Account or password. Because of this, we strongly recommend that you exit from your Account at the end of each session. You agree to notify makemyemi immediately of any unauthorized use of your Account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion. In the event, we find that the information shared by the End User on the Site is incorrect or that the End User is in breach of terms or conditions of the Site or the End User is in default of the agreements entered into in relation to the Site or the services made available herein, then in such case makemyemi may add the name and details of such person in the list of persons who are blacklisted from accessing the Site.
The right to use this Site is personal to the End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. The End User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of makemyemi, and makemyemi shall not be responsible for any data lost while transmitting information on the internet. While it is makemyemi’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of makemyemi, access to the Site may be interrupted, suspended or terminated from time to time. makemyemi shall have the right at any time to change or discontinue any aspect or feature of makemyemi, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, makemyemi may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
8. Modified Terms
9. License and Site Access
We grant you a limited license to access and make personal use of the Site. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, 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 makemyemi’s sole discretion) an unreasonable or disproportionately large load on makemyemi’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by makemyemi to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by makemyemi. By using this Site and by accepting to agree to these terms and conditions you also agree that you shall not hack or otherwise hire some third party to hack the site or use any other unauthorized means without a written consent of makemyemi and access any third party information. You shall in such an event be liable of a criminal offence and makemyemi shall institute appropriate legal proceedings to claim damages. makemyemi also reserves rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it in case the misuse of this website is made by a person or an entity that belongs to out of India. In any event, the jurisdiction to institute any protective proceedings shall vest with makemyemi within the jurisdiction of Mumbai.
Our website users may experience difficulty in accessing website on Saturdays between 10am to 1pm due to website updates and maintenance. We apologize for the inconvenience caused to our Users.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. We shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
11. End User conduct
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without makemyemi’s express prior, written approval, contains advertising or any solicitation with respect to any products or services. Any conduct by an End User that in makemyemi’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall NOT use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with makemyemi.
The foregoing provisions of this Section apply equally to and are for the benefit of makemyemi, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
We shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by makemyemi, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
In case it comes to your knowledge that any End User has committed default or fraud or misrepresents his financial status then you may inform us in writing and upon receipt of such information, we shall call upon such third party to explain the allegations made in your notice and upon receipt of an explanation from such third party we shall in its own discretion decide as to whether such a person should be prohibited from using the Site.
13. License Grant
By posting communications on or through this Site, the End User shall be deemed to have granted to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
14. Personal Information
In order to avail of the Services from the Site, you will be needed to provide your details for using the Site. As an account holder you are required to provide makemyemi with accurate personal information. Provision of another person’s details as your own will not be deemed acceptable.
15. Banking Information
You agree, understand and confirm that the credit card details or bank account details provided by you for availing of services on makemyemi will be correct and accurate and you shall not use any credit card which is not lawfully owned by you or any bank account of which you are not a lawful account holders. You further agree and undertake to provide the correct and valid credit card and bank account details to makemyemi.
Further the said information will not be utilized and shared by makemyemi with any third parties unless required for fraud verifications or by law, regulation or court order or for the purposes of disbursing the loan. We will not be liable for any fraud in relation to credit card or the relevant bank accounts. The liability for use of a card or a bank account fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.
Please note that there may be certain instruction to remit / cancel payments or seek rendition of services that we are unable to accept, which shall be cancelled. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may also require additional verifications or information before accepting any instruction or registering you on our portal as an End User. The Consumers are required to note that negative third party verification report(s) are crucial factors considered during the funding process and that the decision regarding funding is taken by the Financial Institution and not by us. The funding may get rejected by the Financial Institution, at any stage including on account of lack of information or verifiable information.
17. Fraudulent /Declined Transactions
We reserve the right to recover the cost of Service(s), collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
18. Limitation of Liability
We are not a party to the contract entered into between the Consumer and the Merchant establishment for the purchase of any product or service using the facility provided by makemyemi. We do not endorse any Merchant linked to our Site. The Merchant alone will be responsible for all obligations under the contract including all warranties or guaranties associated therewith and we are under no obligation to monitor the Merchant’s products or services used by you. We shall not be held liable for any deficiency in goods or services purchased using the makemyemi payment option.
The terms of the loan or credit facility will be governed by the agreements entered into between the Consumer and the Financial Institution and we are not a party to such agreement. We shall neither be held responsible for the decision of the Financial Institution to fund or not fund the Borrower, nor liable for any delay made by the Financial Institution in transferring the borrowed amount to the Merchant’s account for the purchase of any product/ service by the Consumer from the Merchant. It is clarified that we will not be liable for any loss or damage, monetary or otherwise, caused to the Merchant or the Consumer in consequence of any act or omission of the Financial Institution.
We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You expressly understand and agree that makemyemi and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, 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 makemyemi has been advised of the possibility of such damages), resulting from use of the Site, sale and supply of Services content or any related goods and services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this T&C. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
The End User further with immediate effect waive any right which had accrued to him/them from using the website to initiate any legal action against makemyemi. The End User also acknowledges that the credibility of a Merchant, Financial Institution or a Consumer as depicted upon the website is based on the information that is provided to makemyemi. In case there is a non-disclosure of information to makemyemi of the information, and the judgment of makemyemi is impaired and the ratings or credibility of a Financial Institution or a Merchant or a Consumer is not found to be correct, makemyemi shall not be responsible for any claims or liabilities. We, in any event, are not responsible for any default in return of money that is borrowed from the Financial Institution and the Financial Institution shall have exclusive right to initiate proceedings against the defaulter Consumer. We do not provide the necessary information and support, as sourced from the Merchant and the Consumer, to the Financial Institution, however, the Financial Institution shall not be entitled to make any claim against makemyemi and shall conduct an independent due diligence of the Consumer before lending to him.
Under no circumstances shall makemyemi, its subsidiaries, employees, officers, affiliates, directors, agents, suppliers, shareholders, non executive directors or its licensors involved in creating, producing, transmitting or distributing services on this Site, granting a loan to an End User associated with the Site be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from either misrepresentation, fraud, coercion, breach of trust, misappropriation, cheating or for any other such reason of its End Users or of third parties including but not limited to loss of profits and loss of goodwill or loss of interest.
You agree to indemnify and hold makemyemi (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this T&C or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this T&C.
If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed severable and shall not affect the enforceability of any remaining provision.
21. Customer Communication
We will communicate with you through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to makemyemi for this purpose.
Please note that makemyemi will not be able to contact the customer in case customer’s number is part of DNC (Do Not Call) list as generated by TRAI (Telecom Regulatory Authority of India).
In this case we request customers to call us on our call centre number.
When you use the Site or send emails to makemyemi, you are communicating with makemyemi electronically. You consent to receive communications from makemyemi electronically.
From time to time, makemyemi will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing 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.
22. The Opt-out Practice
(i)If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to email@example.com.
(ii)We use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites.
The Site or third parties may provide links to other World Wide Web sites or resources. Because makemyemi has no control over such sites and resources, you acknowledge and agree that makemyemi 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 makemyemi 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.
24. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized End Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
(i) You acknowledge that makemyemi is not engaged in the sale or endorsement of any product/ service offered by the Merchant establishments.
(ii) You acknowledge that makemyemi shall not be responsible for any deficiency in goods or services provided by the Merchant establishments.
(iii) You acknowledge that makemyemi is not engaged in either grant of loan or borrowing any money from any member of the website.
(iv) You acknowledge that makemyemi managing this website and neither makemyemi or any of its subsidiary or affiliate has any interest in either grant of loan or in borrowing money from a member registered on the website.
(v) You acknowledge that makemyemi is not at all responsible for any claim or damage in case either the person who has agreed to grant loan has not granted loan or the person who has agreed to repay the loan does not repay the loan.
(vi) You acknowledge that makemyemi in no manner warrants or guarantees the performance of a service provider that is providing services through the website of makemyemi, including whether the service provider will make available the loan required by an End User.
(vii) You acknowledge that makemyemi in no manner warrants and guarantees that the grantor of loan or the recipient of loan has provided all the information on this website which is true and correct including his address, phone numbers etc.
(viii) You acknowledge that it is your responsibility to verify the information about the person on the website and makemyemi is in no manner liable if the information provided on this website is untrue or incorrect.
(ix) You acknowledge that makemyemi is in no manner responsible for any claim of money or damages in the event one person fails to either grant loan or a person fails to repay the loan or misrepresents about his financial status or commits a fraud or a cheating or any other such illegal act.
(x) You acknowledge that you have taken expert advice from a legal consultant or any other expert so required about your status to lend or borrow on the site.
(xi) You acknowledge that you are aware of all your rights, duties and applicability of various laws including but not limited to Money Lending Act, Income Tax Act, or any other statute, or law, which may govern the lending and borrowing of monies within your State of residence or from where you ordinarily conduct your business.
26. Disclaimer of Warranties
All details of the members of this Site and their financial status, included in or available through this Site are provided for use without warranties of any kind, either express or implied, makemyemi, its shareholders, its directors, and its licensors do not warrant that the information or other material which is placed on the website by any person is correct including his financial status or capability or has not approached the other user of this website with a criminal intent to either cheat or misappropriate or deny any other user of its legitimate claims. By uploading any content, representation or statement of your financial status or your proof of residence you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all laws and is true and authentic and is not in any event placed on the website to defraud other users or create a false impression in their minds that you have a sound financial status or are reasonably committed to deliver the repayments on time. You also represent that you have not ever been accused to any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status. You hereby represent and warrant to makemyemi that you are legally competent to execute, be bound by and adhere to terms and conditions of makemyemi. Your use of this Site is solely at your risk. You agree that we shall have no responsibility for any damages suffered by you in connection with this Site or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of this website.
27. Applicable Laws:
Your use of this Site and any Term and Conditions stated in this policy is subject to laws of India.
Courts of Mumbai will have exclusive jurisdiction of dealing with all disputes arising from use of this site.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of makemyemi and other respective persons. End Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of makemyemi or such third party which may own the Marks. All information and content including any software programs available on or through the Site is protected by copyright. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should 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 condition. From time to time we may offer special promotional offers which may or may not apply to your makemyemi account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by us. This T&C and the relationship between you and makemyemi will be governed by the laws as applicable in India. Any dispute(s) arising out of this T&C will be handled in the competent courts of Mumbai, India. The failure of makemyemi 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. We do not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and makemyemi and governs your use of the Site, superseding any prior agreements between you and makemyemi with respect to the Site.