User Agreement
Tata Fintech Private Limited (“Tata Fintech” or “we” or “our” or “us”) owns and proposes to operatea trading and stock broking platform, which will be made available at the website www.tatafintech.com and our mobile application (collectively referred to as the “Platform”)through which users(“Users” or “you”), as per their suitability, can avail services offered and/or made available by us.
This user agreement (“User Agreement”) constitutes a legally binding agreement made between you and Tata Fintech, concerning your access to and use of our Platform.
You agree that by accessing the Platform and/or availing services from our Platform, you have read, understood, and agree to be bound by:
(i) this User Agreement; and
(ii) our Privacy Notice
IF YOU DO NOT AGREE WITH THE TERMS OF THIS USER AGREEMENT AND/OR OUR PRIVACY NOTICE, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE OF OUR PLATFORM IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our discretion, to make changes or modifications to this User Agreement at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of this User Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this User Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of the Platform after the date such revised terms are posted.
1. REGISTRATION
1.1 Eligibility
1.1.1 Tata Fintech allows you to use/visit/browse the Platform without creating an account. Your access to and/or usage of our Platform is subject to your compliance with all the terms and conditions set forth in this User Agreement and our Privacy Notice.
1.1.2 In order to avail services offered on our Platform, you may have to create an account based relationship with us(“Account”).
1.1.3 To access and/or use our Platform, you must be at least 18 years of age. If you are a minor, you may access and/or use the Platform through a legal guardian.
1.1.4 If you do not meet our eligibility requirements, you may not be able to maintain an Account and your use of the Platform will be limited.All activities under an Account shall be deemed to be those of the registered user. You shall update registration information promptly upon any change so that it is at all times complete and accurate.
1.1.5 We reserve the right to refuse to provide access to our Platform or to discontinue our services to any person or entity at any time for any reason.
1.2 Verification
We may require you to provide additional information to establish your identity as a condition for providing services to you or before we permit you to make use of services. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us.
1.3 User Representations
1.3.1 By using the Platform, you represent and warrant that:
(i) all information you submit will be true, accurate, current, complete, and not misleading;
(ii) you will maintain the accuracy of such information and promptly update such information as necessary;
(iii) you have the legal capacity, and you agree to comply with the terms of this User Agreement and our Privacy Notice;
(iv) you are not under the age of 18 or a minor in the jurisdiction in which you reside. If you are a minor you will only access the Platform through your legal guardian.
(v) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; and
(vi) you will not use the Platform for any illegal or unauthorized purpose.
1.3.2 In case of a breach of the representations in this Clause 1.3 or of any other part of this User Agreement, we have the right to: (a) suspend or terminate your Account; (b) refuse any and all current or future use of the Platform (or any portion thereof); and (d) take any such recourse, as available to us under applicable law.
1.4 Credentials and Security
1.4.1 Your email address/phone number will be used to grant you access to the Platform and for communications with you, including as described in Clause 3. You also may be prompted to answer several security questions, provide access to your location, mobile camera etc. or select other security access keys or credentials (“Credentials”) that may be used to enable your access to the services and authorize transactions.
1.4.2 You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Account or Credentials. You should take all necessary steps to ensure that the Credentials are kept confidential and secure. You should not disclose your Credentials to any third party. If any of your Credentials are compromised, you must notify us immediately at customerservice@tatafintech.com so that we can suspend use of your Account in order to avoid unauthorized transactions.
1.4.3 In the event that any unauthorized use of your Account has occurred, you must inform us immediately at: customerservice@tatafintech.com
1.4.4 You are responsible for all losses relating to an unauthorized transaction from your Account if you have acted fraudulently or failed, either intentionally or negligently, to use your Account in accordance with this User Agreement, to protect your Credentials, or to notify us of any unauthorized transaction in the manner set out in Clause 1.4.3. We will not be responsible for any unauthorized transactions undertaken through your Account.
1.4.5 You must notify us through customerservice@tatafintech.com if you wish to request us to block/unblock your Account.
1.5 Acceptable Use.
1.5.1 You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of the Platform. We may inspect your Account for any reason, including without limitation to investigate any alleged violation of this User Agreement or any third-party complaints.
1.5.2 You understand that you are responsible for all electronic communications and information sent from your computer or other systems to us.
1.6 Prohibited Activities
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a User of the Platform, you agree not to:
(i) access and/or use the Platform for fraudulent purposes, or in connection with a criminal offense or other activity that violates any applicable law and/or this User Agreement
(ii) cause annoyance or inconvenience to any other person.
(iii) make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
(iv) use the Platform to advertise or offer to sell goods and services;
(v) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content containedtherein;
(vi) engage in unauthorized framing of or linking to the Platform;
(vii) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(viii) make improper use of our support services or submit false reports of abuse or misconduct;
(ix) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(x) interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
(xi) attempt to impersonate another user or person or use the username or Account of another user;
(xii) sell or otherwise transfer your Account;
(xiii) use any information obtained from the Platform in order to harass, abuse, or harm another person;
(xiv) use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the content for any revenue-generating endeavour or commercial enterprise;
(xv) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
(xvi) attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
(xvii) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any services to you;
(xviii) delete the copyright or other proprietary rights notice from any content;
(xix) copy or adapt the Platform’s software;
(xx) upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, spyware, or other similar material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
(xxi) except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
(xxii) disparage, tarnish, or otherwise harm, in our opinion, us, our reputation or goodwill and/or the Platform;
(xxiii) share any information that:
(a) belongs to another person and to which the user does not haveany right;
(b) is obscene, pornographic, paedophilic, invasive of another’sprivacy including bodily privacy, insulting or harassing on thebasis of gender, racially or ethnically objectionable, relating orencouraging money laundering or gambling, or promoting enmitybetween different groups on the grounds of religion or caste withthe intent to incite violence;
(c) is harmful to child;
(d) infringes any patent, trademark, copyright or other proprietaryrights;
(e) deceives or misleads the addressee about the origin of themessage or knowingly and intentionally communicates anymisinformation or information which is patently false and untrueor misleading in nature;
(f) threatens the unity, integrity, defence, security or sovereignty ofIndia, friendly relations with foreign States, or public order, orcauses incitement to the commission of any cognisable offence,or prevents investigation of any offence, or is insulting othernation;
1.7 Privacy
1.7.1 We care about data privacy and security. By using our Platform, you agree to be bound by our Privacy Notice of our Platformand consent to the collection, use, and disclosure of your personal data in accordance with it.
2. SUSPENSION AND TERMINATION
2.1 Suspension or Termination by Tata Fintech
We may terminate this User Agreement, for any reason at any time without written notice.
Further, we may suspend your access to our Platform and block access to your Account and deactivate it under the following circumstances:
(i) you have violated the terms of this User Agreement;
(ii) we determine that you pose a fraud risk to us;
(iii) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;
(iv) we have security concerns regarding your Account, including your Credentials; or
(v) we suspect unauthorized or fraudulent use of your Account.
In such cases we will inform you of the deactivation of your Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation to our satisfaction.
2.2 Effect of Termination
We will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us in connection with your use of our Platform, or in connection with any termination or suspension of your Account. Upon termination of this User Agreement for any reason:
(i) all license or other rights granted to either party under this User Agreement will immediately terminate;
(ii) your access to the account and Platform will be terminated.
3. COMMUNICATIONS
When you use our Platform or communicate with us, you will be required to provide a valid phone number to process a transaction using our Platform. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of our Platform, you consent to receiving communications including SMS, WhatsApp, e-mail or phone calls from us with respect to your use of our Platform, including for the following purposes:
(i) providing you with the functionalities of our Platform and transactional or account related information;
(ii) sending you payment related reminders/updates;
(iii) promoting the Platform or any other products and services of Tata Fintech;
(iv) promoting new products and activities;
(v) investigating or resolving any grievances; or
(vi) obtaining your invaluable feedback.
In order to serve you better, we may also send you surveys to understand: (i) your experience with Tata Fintech, and/or (ii) your needs and requirements.
You may choose to, or we may invite you to, submit comments or ideas about Us, including without limitation about how to improve our Platform. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
4. ACCESS TO PLATFORM
Tata Fintech undertakes to make best efforts to ensure the uninterrupted availability of the Platform and to ensure that transmissions and communications in this regard are error-free. However, due to the nature of the internet, this cannot be guaranteed and Tata Fintech shall not be held liable for any interruptions in providing the services. Further, Users’ access to the Platform or Account for availing services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
5. THIRD-PARTY WEBSITES AND CONTENT
5.1 The Platform may contain (or you may be sent via the Platform) links to third-party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
5.1.1 Such third-party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or the Third-Party Content.
5.1.2 Inclusion of, linking to, or permitting the use or installation of any third-party websites or any Third-Party Content does not imply approval or endorsement thereof by us.
5.1.3 If you decide to leave the Platform and access the third-party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that this User Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.
5.1.4 Any purchases you make or any services you avail through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall not hold us liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with third-party websites.
6. INTELLECTUAL PROPERTY
6.1 Tata Fintech, its licensors and their respective affiliates, as the case maybe, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Tata Fintech and its affiliates. Users shall not, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
6.2 You shall not make any public statement related to or use Tata Fintech’s or any of our affiliates’ names, trademarks or logos in any way without our prior written permission, or misrepresent or embellish the relationship between us in any way.
7. INDEMNITY AND LIMITATION OF LIABILITY
7.1 Indemnity
You shall indemnify and hold harmless Tata Fintech and its affiliates, and their respective officers, directors, agents, employees and representatives, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:
(i) your use of services;
(ii) your use of our Platform;
(iii) breach of your representations, warranties, or obligations set forth in this User Agreement;
(iv) any dispute or litigation caused by your actions or omissions;
(v) your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any other person.
7.2 Release
7.2.1 You hereby expressly release Tata Fintech and its affiliates and/or any of their directors, officers, employees, agents and representatives from any cost, damage, liability or other consequence of (a) any unauthorized transaction through your Account (b) unauthorized utilization of the services availed by You; (c) any acts or omissions of third parties; or (d) any errors published in relation to this User Agreement, including, without limitation, any typographical errors, we reserve the right to correct, without notice, any errors.
7.3 We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
8. MISCELLANEOUS
8.1 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PLATFORM AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY TATA FINTECH ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATA FINTECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO SERVICES OR THE PLATFORM INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING OUR PLATFORM; (D) ELECTRONIC COMMUNICATIONS SENT FROM TATA FINTECH OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS.
AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS AND/OR SERVICEES MADE AVAILABLE ON THE PLATFORM BY THIRD PARTIES, VEST WITH TATA FINTECH NOR SHALL TATA FINTECH HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND SUCH THIRD PARTIES. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY SUCH THIRD PARTIES AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE PRODUCTS AND/OR SERVICES OFFERED BY THIRD PARTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR THE PLATFORM (INCLUDING THE INABILITY TO USE THE PLATFORM UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH OUR PLATFORM.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS USER AGREEMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY UNFORESEEABLE CIRCUMSTANCES OR CIRCUMSTANCES BEYOND OUR CONTROL, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS UNDER APPLICABLE LAW.NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR MAXIMUM LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF YOUR USE OF OR ACCESS TO THE PLATFORM AND/OR ANY PRODUCTS OR SERVICES, SHALL NOT EXCEED INR 1000/- (RUPEES ONE THOUSAND ONLY).
8.2 APPLICABLE LAW
The laws of India without regard to the principles of conflict of laws will govern this User Agreement and any dispute of any kind that may arise between you and Tata Fintech.
8.3 DISPUTES
To expedite resolution and control the cost of any dispute, controversy, or claim under and/or related to this User Agreement (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel. The seat and venue of such arbitration shall be at Mumbai.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
(a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
Subject to foregoing provisions of this Clause 8.3, Disputes arising from or relating to Platform shall be subject to the exclusive jurisdiction of courts at Mumbai, India.
8.4 SEVERABILITY
If any of the terms and conditions of this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of this User Agreement.
8.5 ASSIGNMENT
You may not assign or transfer any rights, obligations, or privileges that you have under this User Agreement without our prior written consent. Subject to the foregoing, this User Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this User Agreement will be deemed null and void. Tata Fintech shall have the right to assign this User Agreement without your prior written consent or intimation to you.
8.6 WAIVER
Tata Fintech’s waiver of any breach of this User Agreement by any User will not constitute a waiver of any other prior or subsequent breach of this User Agreement. Tata Fintech’s failure to insist upon strict compliance with the provisions of this User Agreement by any User will not be deemed a waiver of any rights or remedies Tata Fintech may have against that or any other User. Tata Fintech may waive compliance with this User Agreement in its sole discretion and may provide enhanced functionalities from time to time in respect of the Platform to select Users.
8.7 ENTIRE AGREEMENT
This User Agreement, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between Tata Fintech and the Users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Platform.
8.8 LEGAL ACTION
Nothing contained in this User Agreement will limit Tata Fintech or its affiliates in the exercise of any legal or equitable rights or remedies.