Pebble Media Inc., on behalf of itself and its group companies/affiliates is the author, owner and publisher of the internet resource www.MoneyInsider.in (“Website”). The Website is operated by Pebble Media Inc. (“Company”, “We”, “Us”, “Our”) having registered office at A/120, Lake Gardens, Kolkata 700045. This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and is generated by a computer system and does not require any physical or digital signatures. This document is published and shall be construed in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Website.
For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, browses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our products or services. Your access to or use of this Website together with all its webpages, hyperlinks or references is governed by and subject to the following terms and conditions (“Terms of Use”, “Terms”) and the Company’s Privacy Policy. By accessing, viewing, browsing, using, transacting through this Website or availing any services or other facilities through this Website, You agree that You have read, understood and agree to be bound by these Terms, our Privacy Policy and also such other terms, conditions, rules, regulations, policies, etc. that are relevant and applicable to Your access, use, browsing, subscribing, transacting business through the Website, or availing any loans, services through the Website and such other terms, conditions, rules, regulations, policies shall be deemed to be incorporated into these Terms and shall be considered a part of these Terms. Company reserves the right, at all times, to modify, change, amend, delete any portion of these Terms without any obligation to notify You or any other user of the Website of such modification, change, amendment or deletion. If You do not agree with these Terms of Use or the Privacy Policy, please do not access or use the Website.
The Company has developed and owns the Website, which is an online platform for availing products and services such as the loans and related investment and financial services displayed on the Website (“Services”). Additionally, Company may provide third party services (“Related Services”) to retrieve and use Your information through third party sites (e.g., bank sites etc.) or share such information to third parties by any other method/s in relation to Your selection and use of the Services. The Company owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not) and You shall not infringe or attempt to infringe the Company’s right, title and interest in and to such Services. The Company grants You a limited, revocable license to use the
Website for availing the Services in accordance with these Terms of Use. You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company`s prior written consent. Any sale and purchase through the Website shall at all times, be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any direct transaction between You and the third parties offering loans or services through the Website.
The Website may only be used by persons competent to enter into a contract as per the Indian Contract Act, 1872. You shall not be permitted to use or conclude any transactions on the Website if You do not conform to the qualifications to enter into a contract as specified under the Indian Contract Act, 1872 or as per any other applicable law for the time being in force. By using or accessing the Website, You hereby represent that You are competent to enter into a contract. In case of use of the Website by minors, the parents/legal guardians of such minors must agree to these Terms. In case of access or use of the Website by minors, it shall be presumed that such access and use is subject to the supervision and control of the parents/legal guardians and that they have accepted these Terms. The Company, shall at all times, reserve the right to refuse or restrict Your access or use of the Website in the event the Company learns of Your incompetency to enter into a contract. THE COMPANY SHALL NOT, IN ANY MANNER, BE HELD RESPONSIBLE FOR THE CONSEQUENCES THAT MAY ARISE IN CASE OF YOUR INCOMPETENCY TO ENTER INTO THIS CONTRACT OR TO ACCEPT THESE TERMS.
Your access and use of the Website shall be subject to restrictions and the following activities would, at all times, be strictly prohibited:
The Company shall not be responsible, in any manner whatsoever for any claims, losses or causes of action arising out of or in relation to Your use of the Website.
Company reserves the right, without notice, to delete any content posted by You on the Website, which is inappropriate content in the discretion of the Company. The Company also reserves the right to block, restrict or regulate Your access to the Website or any parts of the Website, without being obligated to provide You an intimation or explanation for the same.
During Your use or access of the Website, You must at all times ensure compliance with all applicable provisions of the Information Technology Act, 2000, all applicable Rules thereunder and all applicable laws and regulations for the time being in force.
The User shall immediately report to the Company any unauthorized use or infringement of the Company’s Website that comes to its attention. If You believe or have reason to believe that any content, data, information on the Website is illegal, offensive, defamatory, sexually explicit, harmful to sentiments, discriminatory, obscene, indecent, provocative, threating to the safety and security of any person or group of persons, in breach of confidentiality or third party intellectual property or inappropriate in any manner whatsoever, You shall notify Us immediately at info@moneyinsider.in. The Company will exercise its best endeavors and judgment to investigate into the matter and take down such inappropriate content from the Website, if deemed necessary.
You agree to avail the products and services through this Website out of your own free will and that We have not forced, influenced, compelled or pressurized You, in any manner whatsoever for the same.
The Website, Services and Related Services offered through the Website are provided on an “ASIS” and “AS-APPLICABLE” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for particular purpose and noninfringement. To the fullest extent permitted by applicable law, Company expressly disclaims any and all warranties or representations that i) The Website and all content provided therein is current, accurate, original, reliable, useful, genuine, non-infringing or provided in good faith; ii) The Website content including but not limited to name, email and contact information will not be lost, stolen, corrupted or destroyed; or iii) the Website is immune from viruses, hacking or breach. We reserve the right to temporarily disrupt or permanently discontinue the Website for any reason, at any period, at any time, in Our sole discretion, without maintaining back-up and without prior notice.
The Company shall not be responsible for any delays, errors, negligence, non-performance or any other acts or omissions of any third parties providing any products or services to You through the Website. Company shall not be liable for any third-party services, products or items offered on the Website. The Company has no control over any third-party user generated contents and items and does not originate or initiate any transaction for the sale, supply and delivery of such products and services.
The Company has no liability whatsoever with respect to the applicability, correctness, accuracy, quality, safety, durability, authenticity, utility, or relevance of the products and Services made available through the Website. Company shall not be held responsible and shall bear no liability in case of failure or delay of delivering the products or services offered through the Website including any damage or loss caused to You due to such delay.
The Company does not make any representation or warranty as to the legal title of any third-party products or services offered by the third parties on the Website. The right, title, claim or interest in such third-party products and services sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions carried out by the third parties through the Website. The Company gives no guarantee, warranty or surety, whatsoever that the concerned third parties will perform any transaction concluded on the Website.
All the content available on the Website by the Company or third parties, including without limitation graphics, videos, audios, text, copy, charts, images, recordings is for general information and awareness purposes only and does not constitute any advertisement, solicitation, endorsement, invitation, marketing, promotion or recommendation of any kind by the Company with respect to any offerings of the Website.
The Company shall also not be responsible for any incompleteness, incorrectness or inaccuracy of any information or data supplied by the User for availing the products, Services or Related Services through the Website and the User shall solely be responsible for the same.
All loans granted through the Website are at the discretion of the Company and/or its lending partners, as applicable, on a case-to-case basis. Any and all loan offers, schemes, plans and policies made through the Website may be withdrawn or modified at any time with or without notice. Any loan application made through the Website, may be rejected or declined or additional terms may be imposed for the loan, without the Company being obligated to provide any justification for the same. The User/s should provide accurate details at the time of any loan application made through the Website. Your loan application is liable to be declined on account of any untrue, inaccurate, incomplete, invalid information supplied by You at the time of applying for the loan through the Website. The Company also reserves the right to temporarily or permanently restrict, block or forbid your future access, use or application for any loan through the Website in the event of Your repeated breach of these Terms.
You expressly agree that Your access and use of this Website is at Your sole risk. While the Company shall attempt to employ reasonably good measures to ensure that the Website is free from viruses or other harmful contents, the Company does not warrant that the Website shall, at all times, be safe for Your use or free from viruses or harmful content. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download or use of such material or data.
The Company hereby disclaims to the maximum extent permitted under law, any liability or responsibility for:
Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. The Company shall not be responsible for any acts or omissions of the users or any third parties.
For availing offering through the Website, the Company may require the User to have a one-time sign-up or registration process and creation of a User account. The Company would require You to provide details including without limitation Your name, gender, age, email address, contact number, address, account ID, password and financial details to enable payments through the Website. You agree not to misrepresent Your identity nor will You make an attempt to make an unlawful access to the Website or use of the Services. You shall solely be responsible for the accuracy, correctness and completeness of all such details. The Company reserves the right to disable You from creating a User account in the event that any of the details for registration provided by You are found by the Company to be incorrect, incomplete, forged or falsified. During Your transactions through the Website, You may also be subject to certain other additional terms, conditions, rules, notices, guidelines, disclaimers etc. You agree to be bound by such additional terms, if any. Your User account with the Website shall be created based on the details for registration provided by You. You shall solely be responsible to maintain the confidentiality of Your User account, passwords, details of transactions concluded through the User account, payment details, transaction history etc. The Company shall not be liable for any loss or damage arising, directly or indirectly, out of Your failure to comply with the confidentiality obligations stated herein. You shall be responsible for any loss incurred by the Company or any third party, due to Your breach of obligations, non-performance or negligence in performing Your obligations, Your unauthorized or illegal use of the Website or Your failure to keep secure and confidential all information related to Your User account on the Website.
The Company may use tracking technologies including but not limited to cookies and web beacons to collect information such as Your browsing behavior, Your activity on the Website, internet protocol address of Your computer system, date, time, duration of Your access to the Website, etc. The Company shall collect this information solely for the purpose of understanding Your preferences, inclinations towards specific products or services on the Website and thereby providing You appropriate suggestions as per Your choices and likings to enhance Your experience with Us.
You understand that in case of any payments made through the Website, You shall be redirected to a separate third party payment getaway webpage. Any correspondence, transactions, sale, purchase, use or access of such third-party webpages or websites shall be solely between You and the third party involved. Your interaction with any third party accessed through the Website is at your own risk, and Company 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. The Company shall have no responsibility for any of Your correspondence, transaction or activity on such third-party webpages or websites. You shall solely be responsible for Your compliance or non-compliance with any additional applicable terms, conditions, rules, policies etc. of such third-party webpages or websites. Company is not responsible for any loss or damage caused to the User during this process as these banks, payment gateways, payment aggregators are third parties and are beyond the control of the Company. Any dispute in connection with such third-party transactions, shall be settled between the Users and the respective third parties, including without limitations, banks, payment gateways, payment aggregators or network operators without involving the Company.
You agree and consent that in case of any payments made through the Website, the Company shall access, store, process and transfer Your details such as bank details, financial data and information, payment transaction etc. All such data shall be processed by the Company in accordance with its Privacy Policy available at _______________________________.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting applicable to Your use and transactions concluded through the Website. The Company shall in no way be responsible for any of the taxes except for its own taxes.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our Website and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
All Services provided through the Website are provided in India and the Company shall not be liable to deliver any Services outside India. If You are accessing the Website from locations outside India, it shall be Your sole responsibility to comply with all applicable local laws and regulations. The Company hereby grants to You a limited, personal, revocable, non-exclusive, non-transferable, non-assignable, non-sub-licensable right and access to view and use the Website and download and print any permitted content from the Website provided that –
The trade dress, design, layout, structure of the Website is as per the Company’s sole discretion and control. The limited rights granted to You under these Terms do not include any rights in the trade dress, design, layout, structure of the Website. The Company exclusively owns the intellectual property rights in and to such elements of the Website.
It shall solely be Your responsibility to procure and arrange the hardware, software, network, internet or such other requirements necessary to facilitate Your use and access of the Website. The Company shall not be under an obligation to facilitate Your access and use of the Website.
You agree that you shall be solely responsible for all content you post on the Website and Company shall not be responsible for any content you make available on or through the Website. Such content may be included in the Services and/or Related Services, at the Company’s sole discretion (in whole or in part or in a modified form). You hereby grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non- xclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content that you make available on or through the Website. You represent and warrant that You are authorized to provide such content and that you are fully responsible for the content you submit. 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.
You agree and understand the Company may require You to provide details including without limitation Your name, gender, age, email address, contact number, address, account ID, password and financial details to facilitate any transactions through the Website and may also seek any information statutorily or mandatorily required for Know-Your-Customer (“KYC”) purpose. You agree and undertake to accurately provide such information to the Company in accordance with applicable law and regulations. The Company may require information, including any personal information to document, establish and/or verify, to its satisfaction, the identity of each new customer/user availing any services through the Website and to ascertain the purpose of Your use and access of the services. You agree and acknowledge that the Company may undertake additional enhanced due diligence measures in line with the requirements and obligations under applicable laws and regulations and You consent to comply with the same. In case of Your failure or refusal to provide such details, the Company has a right to deny, restrict, suspend, cancel or revoke any services provided to you through the Website.
In order to create Your account or profile on the Website, the Company may require You to provide certain personal data or sensitive personal data as defined under applicable laws. Additionally, the Company may also be required to derive any such personal or sensitive personal data from any source, depository or public registry, as may be necessary to facilitate Your transactions through the Website. You hereby expressly consent to the Company’s use, access, procurement and derivation of such data for the purpose of conducting due diligence required to provide any services to You.
The Company may also share such personal information with third parties, including but not limited to vendors, service providers, analytics and research partners in India and abroad, with the sole objective of enhancing your experience on the Website, to the extent possible. While the Company shall endeavor to adhere to best industry practices including information security, data protection and privacy law while processing such information, Company shall not be liable to You against any liability or claims which may arise out of such transactions as any such personal information is being collected, used, processed and shared with Your explicit consent.
Your use or access of the Website amounts to electronic communication with the Company. You may be required to provide valid contact details such as contact number, email address or residential address to us. We may communicate with You by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from Us with respect to Your use of the Website. You also agree that the Company reserves the right to make your details available to its vendors, service providers, business partners, agents or any other third party and that you may be contacted by such parties in relation to the services offered through the Website. You specifically understand and agree that by using the Website you authorize the Company, its vendors, service providers, business partners, agents or any other third party 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 the Company or such third parties. You agree and consent to receive communications from the Company or such third parties.
The Company and User may have access to the confidential information of each other. Each party acknowledges that the confidential information constitutes valuable, special and unique property of the concerned party. Each party will treat all such confidential information with the same level of security with which it treats its own confidential information. The parties shall use the confidential information only in performing their respective obligations under these Terms and shall not otherwise use such confidential information for the benefit of any unrelated third party.
You agree that the Company may gain access to some of Your confidential information including but not limited to Your address, other contact details, bank details etc. (together “Customer Data”) during the course of sale and purchase of services from the Website. All such Customer Data shall be collected, accessed, stored, used, processed, shared, transferred, backed up or deleted only in accordance with the confidentiality and data protection laws and regulations in India for the time being in force and in accordance with the Company’s Privacy Policy. The Company and Website shall use the Customer Data only for or in relation to the purpose of sale and purchase of services by You from this Website and not for any other reason whatsoever, unless required by law.
The User shall respect and not violate the intellectual property of the Company in the information traded on the Website including the trademarks, business know-how, trade secrets, copyright, designs etc. (“Intellectual Property”). The domain name www.MoneyInsider.in is owned and operated by the Company and is the Intellectual property of the Company. The Company and its licensors shall be the exclusive owners of its Intellectual Property and You shall not claim any right over it.
The Website is controlled and operated by the Company and some products and services are sold by respective third-party sellers. All material on the Website including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of the respective owners. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so without the prior written consent of the concerned owner. Modification of the materials or any other use of the materials for any purpose not permitted by these Terms is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Nothing stated in these Terms or stated elsewhere shall convey to the User any right, license, title, interest in or to the Company’s Intellectual Property, property interest, license or right. In addition, the User shall have no right to use any Company trade name, trademark, logo, service mark or any other Intellectual Property without the express written permission of the Company.
The User shall indemnify and hold harmless, the Company, its respective affiliates, officers, agents, employees, successors, assigns, and authorized representatives from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, losses, costs, fees and expenses (including, without limitation, attorney’s fees and expenses and the expenses of other professionals) (collectively the “Claims”) as incurred by Company, directly or indirectly arising out of: (i) violation of applicable laws by the User, (ii) breach of these Terms by the User or (iii) the User’s access or use of the Website.
IN NO EVENT WILL COMPANY BE LIABLE TO THE USER/S FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSS OF REVENUE OR BUSINESS PROFITS, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY UNDER THIS AGREEMENT SHALL NOT EXCEED ANY SERVICE/TRANSACTIONAL FEES PAID BY YOU TO THE COMPANY IN CONNECTION WITH SUCH TRANSACTION(S)/ SERVICES ON THIS WEBSITE, IF APPLICABLE.
THE COMPANY HAS NO CONTROL OVER THE THIRD-PARTY WEBSITES WHICH WOULD BE PROVIDED TO YOU THROUGH ITS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE COMPANY BE LIABLE FOR YOUR USING THE SERVICES OFFERED OR PROVIDED BY ANY THIRD-PARTY SERVICE PROVIDER.
THE COMPANY’S WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR ARISING OUT OF ANY FACTORS BEYOND THE CONTROL OF THE COMPANY.
THE COMPANY MAY CONDUCT PERIODIC OPERATIONS FOR MAINTENANCE OF THE WEBSITE. DURING SUCH MAINTENANCE OPERATIONS, THE ACCESS TO THE WEBSITE MAY BE LIMITED OR RESTRICTED TO THE USERS FOR AN UNCERTAIN DURATION OF TIME. THE COMPANY SHALL ALSO NOT BE RESPONSIBLE IN CASE THE USE AND ACCESS TO THE WEBSITE GETS BLOCKED, INTERRUPTED OR RESTRICTED FOR TECHNICAL REASONS OR FOR ANY REASONS BEYOND THE CONTROL OF THE COMPANY.
The Company shall not be liable for any failure or delay in fulfilling these Terms due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of Nature or other causes which are unavoidable and beyond the reasonable control of the Company.
If any portion of these Terms is found to be unlawful or unenforceable, it is to be interpreted to the extent necessary to make it lawful or enforceable. If a portion found to be unlawful or unenforceable cannot be read down, it is to be severed from these Terms and the remainder of
these Terms shall continue in force.
No failure by the Company hereto to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder by the Company preclude any other or future exercise of any right hereunder by the Company.
These Terms shall be construed and governed by the laws of India. Any dispute arising out of or in relation to these Terms shall be subject to the exclusive jurisdiction of courts at Kolkata, India.
Copyright © 2022 Pebbles Media Inc. All Rights Reserved.