AJVA | eMSME Saarthi

Terms & Conditions

Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform and Services. The objectives of these Terms are to inform you which apply to your access to the Platform and Services, what we expect from you, and what you can expect from us as you use and interact with our Platform and the Services provided by us, our Strategic Partners and third-party service providers. Further, you would learn about the following:

  1. our policy regarding the changes and updates to these Terms;
  2. description of the Platform and the Services offered by us,
  3. sign-up process and information required by us.
  4. conditions regarding use of the Platform and the Services;
  5. terms of use and conditions regarding the information made available by us on the Platform;
  6. intellectual property rights and ownership of the content on our Platforms and the conditions of use of such content;
  7. Know Your Client ("KYC") requirements.
  8. our policy regarding the communications and notifications sent by the Platform;
  9. disclaimers, limitation of liability and indemnification obligations concerning the Services provided; and
  10. legal rights and obligations in case of violation of these Terms by you.

These Terms and Conditions (the "Terms") apply to and govern the use of or access to the website emsmesaarthi.com.

The Platform is provided by Kwebmaker Digital Agency (from now on, "Company" "AJVA Fintech Private Limited [Formerly known as AJVA Business Solution Private Limited]" or "our" or "we" or "us"), a company incorporated under the Companies Act 2013, having its registered office at 203, Sumer Kendra, Pandurag Budhkar Marg, Worli Mumbai-400018, Maharashtra.

User and Company are each a "Party" and collectively the "Parties".

These Terms are an electronic record in terms of the (Indian) Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms are published under the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which are framed under the (Indian) Information Technology Act, 2000 (as amended from time to time). This requires publishing the terms of services and practices for access or usage of Platform and Services. These Terms constitute a binding and legally enforceable contract between the Company and User (as defined below).

By registering on or using the Platform, you agree to be bound by the Terms. Suppose you are using the Platform on behalf of an organization. In this case, you will accept the Terms on behalf of that organization (from now on, "you", "your", "User" will refer to the organization).

You represent that you are at least 18 (eighteen) years of age and have not been previously suspended or removed by the Company or disqualified for any other reason, from availing the Services or using the Platform. In addition, you represent and warrant that you have the right, authority and capacity to agree to the Terms and abide by them. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In any violation of the Terms, the Company reserves the right to suspend or permanently prevent you from availing of the Services or using the Platform.

If you disagree to be bound by these terms, you must not use the Platform. By using the Platform or services, you expressly agree and undertake to be bound by these terms. Subject to applicable laws, these Terms (and any changes to them) will become relevant to you retrospectively on and from the date of your first use of the Platform.

Changes to these Terms
  1. Please note that these Terms may change from time to time. We reserve the right to modify or amend these Terms. We will make reasonable efforts to keep you posted on any updates to these Terms. To ensure that you are aware of any changes, we encourage you to periodically review them whenever accessing or using the Platform to be continuously aware of the changes that we may be carrying out to these Terms.
  2. The "Last Updated" date at the top of the Terms indicates when the most recent modifications were made. If we modify these Terms by continuing to access and use the Platform, you will have confirmed your acceptance of any such changes. Your continued use will be adequate proof that you have expressly agreed to the terms of these Terms, which shall apply from the date of your first use of the Platform. In addition, when using the Platform, you will be subject to any posted guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time, including but not limited to the Privacy Policy. All such supplementary terms, policies, guidelines, or disclaimers are incorporated by reference into these Terms.
  3. If you have any comments or questions regarding the Terms or wish to report any violation of the Terms, you may contact us at info.saarthi@ajvafin.com.
About the Platform and the Services
  1. The Platform allows you to avail the Services (defined from now on) available on the website, directly from the Company, its Strategic Partners, and third-party service providers associated with the Company from time to time. The Platform facilitates communication with such Strategic Partners and third parties for availing the Services.

    The services rendered by the Company and other Strategic Partners and third-party service providers of the Company are collectively referred to as "Services".

  2. All users in countries other than India understand that they may be violating the local laws in such countries by using the Services. If you access the Services from outside India, you will be solely responsible for compliance with foreign and local laws of the relevant jurisdiction you access the Services from.
  3. We shall not be held responsible for non-availability or non-accessibility of the Platform or processing of instructions authenticated by your login credentials.
  4. We reserve the right to add, modify or discontinue, temporarily or permanently, the Services and Platform (or any part thereof) with or without cause. We shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
Sign-Up and Consent Requirements
  1. To avail of the Services, you will have to provide us with necessary details, including but not limited to your E-mail ID, Mobile Number, Name, Name of the Entity, GST Number, Udyam Registration Certificate Number, Age, Gender, Type of Industry, MSME Classification, Social Category, Constitution of Entity, Password, Location of Entity, and/or other details required while calculating your eligibility and facilitate the provision of the Services through our Platform.
  2. You agree to provide the above-stated information or such other information as necessary or required by us to provide the Services at the time of sign-up or at any subsequent stage. Further, you acknowledge that the act of offering your URC number is voluntary in nature unless mandated under applicable law.
  3. You warrant providing true, accurate, current, and complete information about yourself and agree to not misrepresent your identity or account information. You agree to keep your account information up to date and accurate.
  4. If you upload information relating to any third parties, you should ensure that any such information is uploaded only after obtaining express written consent from them for using their information on the Platform. Further, you should ensure that express written permission from such persons is accepted to receive communications from the Company regarding details about the Services and us, promotional offers and services from us and our third-party service providers and Strategic Partners, and any other matter concerning the Services. If such third parties fail to provide written consent or withdraw consent, you shall immediately cease to use the Services concerning them. You will be solely responsible for obtaining such permission from third parties. We assume that such consent is sought and received by you if you provide such information relating to any third party at any time during the use of the Platform.
  5. If you provide any information and we have reasonable grounds to suspect that such information is false, inaccurate or outdated, we will be entitled to suspend or terminate your Account and prohibit all current or future use of the Platform by you. You are responsible for maintaining the confidentiality of the Account and are fully responsible for all activities that occur under your Account.
  6. You agree to immediately notify us in writing at info.saarthi@ajvafin.com of any disclosure or unauthorized use of your profile or any other breach of security concerning your profile.
Use of and Access to the Platform
  1. You agree to use the Platform only for lawful purposes. You are responsible, liable and accountable for all activities that occur through your use of Platform or availing the Services. We exclude any liability arising out of the use of the Platform.
  2. You agree to use the Platform only for lawful purposes. You are responsible, liable and accountable for all activities that occur through your use of Platform or availing the Services. We exclude any liability arising out of the use of the Platform.
  3. Service Level Terms:
    We will use commercially reasonable efforts to provide you with the Platform. We will provide you with appropriate technical support services following our standard practices. We do not make any commitment that the Platform will be available at all times or during any downtime
    (a) caused by outages to any public Internet backbones, networks or servers,
    (b) caused by any failures of your equipment, systems or local access services,
    (c) for previously scheduled maintenance,
    (d) caused by any third-party vendor or service provider of the Company,
    (e) caused by any failure of systems or servers of any third party including that of the government and its authorities and/or financial institutions such as asset management companies or any financial intermediaries,
    (f) attributable to events such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, hacking, phishing or interruptions in Internet services to an area where the Company or its servers are located or co-located, or
    (g) required according to instructions received by us from any governmental or regulatory authority.

  4. Updates:
    From time to time, we may provide upgrades, patches, enhancements, or fixes for the Platform to you generally without additional charge, and such updates will become part of the Platform and subject to the Terms. Notwithstanding the preceding, we shall have no obligation under these Terms or otherwise to provide any such updates. You understand that the Company may cease supporting old versions or releases of the Platform at any time at its sole discretion.

  5. By accessing or using the Platform or by availing Services, you agree not to:

    1. host, display, upload, modify, publish, transmit, update or share any information (if provided with the functionality to do so on the Platforms) that:
      a) belongs to another person and to which the User does not have any right;
      b) is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing based on gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India.
      c) is harmful to minors;
      d) infringes any patent, trademark, copyright or other proprietary rights
      e) violates any law for the time being in force;
      f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      g) impersonates another person;
      h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any violation or is insulting any foreign states.
      i) contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
      j) is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

    2. violate the Terms or any law for the time being in force;
    3. conduct or forward surveys, contests, pyramid schemes or chain letters involving the Services;
    4. impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity
    5. infringe our or any third party's patent, trademark, copyright or other intellectual property rights, proprietary rights, rights of publicity or privacy;
    6. use the Services if you are under the age of 18 years;
    7. post or transmit any message (if provided with the functionality to do so on the Platforms) which discloses private or personal matters concerning any person or is grossly harmful, harassing, hateful and/or disparaging;
    8. post or transmit (if provided with the functionality to do so on the Platforms) any message, data, image or program which is blasphemous, vulgar, or offensive in nature;
    9. refuse to cooperate in an investigation or provide confirmation of your identity or any other information provided by you to us;
    10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform and Services or features that enforce limitations on the use of the Services or the Platform;
    11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
    12. use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services or the Platform in an automated way;
    13. modify, adapt, translate or create derivative works based upon the Services and Platform or any part thereof, except and only to the extent that this is permissible by applicable law;
    14. intentionally interfere with or damage operation of the Services or the Platform or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file/ programme with contaminating or destructive features or which are designed to interrupt, destroy or limit the functionality of any computer resource;
    15. use any robot, spider, other automatic devices, or manual process to monitor or copy the Platform without prior written permission;
    16. take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
    17. use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
    18. use the Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Platform, except and only as expressly provided in the Terms;
    19. use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you.
  6. All orders for purchase or redemption of any financial products made through your Account will be deemed to have been given by you, and the Company will not be responsible for any unauthorized usage of your Account.
  7. We may implement surveillance mechanisms on any financial products or limits on subscription to financial products through the Platform. Further, we reserve the right to reject any order placed through the Platform for any reason, including surveillance mechanisms implemented by us.
Information
  1. While we use commercially reasonable efforts to facilitate provisions of the information on the Platform, we are not responsible for any errors or omissions or for the results obtained from the use of or reliance on this information. Specifically, certain links in the Platform may connect to other websites maintained by third parties over which we have no control. If you access such links, your use of third-party websites will be governed by the policies of such websites. We encourage you to review the terms and policies of such websites.
  2. We do not represent the accuracy or any other aspect of information contained in other websites. All information made available through the Platform is provided "as is". Supplied with no guarantee, representation, or commitment of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
Intellectual Property Rights and Ownership
  1. We own the rights to the design, compilation, and look and feel of our Platform. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited access to use the Platform and the Services under these Terms.
  2. You agree not to copy, distribute, modify or do derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
  3. Use of data: Notwithstanding anything to the contrary contained herein, when you enter or upload your data onto the Platform, you expressly agree, covenant, consent and grant us, our Strategic Partners, our third party service providers and our group companies, affiliates, all rights, licenses and consents to host, use, copy, transmit, process, store, share, analyze, display, make derivations, and back up all data you submit to us through our services and as required by us including but not limited to personal data and any other data relating to financial information of yourself and others, and further to:
    (a) enable you to use the Platform and avail the Services including the services provided by our partners, third parties and affiliates;
    (b) allow us to improve, develop and protect our Services;
    (c) create, market or provide new services through the Company or its Strategic Partners, group companies and affiliates;
    (d) communicate with you about our Platform and the Services; and
    (e) send you information we think may be of interest to you.
    You agree, represent and warrant that you have, and you will maintain, all rights to allow the Company, our Strategic Partners and/ or any third-party service providers, and our affiliates, to host, use, compile, copy, transmit, process, store, share, analyze, display, make derivations, and back up all your data and retain aggregated customer data, including without limitation in combination with data of other users. The terms of use and sharing of such data are set out in our Privacy Policy.

  4. Data loss: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into the Platform or availing of the Services.
  5. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using the Platform or the Services.
Know your Customer/Client Requirements
  1. You agree and provide your express consent to provide certain information and documents to us, to entities for whom we act as a technology facilitator and platform provider. You agree and warrant to provide valid, accurate, complete, and up-to-date documents. You acknowledge and agree that any incorrect or misleading information provided shall constitute a material breach of these Terms.
  2. We may use your personal data and provide Services to you. Your personal information may be processed by or transferred or disclosed to and/or by third parties like AMC's, RTA's (Registrar and Transfer agents), payment gateways, statutory bodies or agencies, or third-party service providers & Strategic Partners etc.
Communication Policy
  1. You agree to receive communications from the Company regarding
    (i) information relating to the use of the Platform or Services;
    (ii) information about the Company and the Services;
    (iii) promotional offers and services from the Company and its Strategic Partners and third-party partners, and
    (iv) any other matter concerning the Services.
    Suppose you access the Platform on behalf of a third party (after obtaining their prior consent). In that case, you acknowledge and agree that we are permitted to send any or all of the above communications to your customers or other third parties whose information you have made available on the Platform.

  2. We may send alerts to the mobile phone numbers provided by you, either of yourself or your customers or any third parties, via e-mail, SMS, WhatsApp messages or push notifications or any other means. If your mobile number is registered in the Do Not Disturb ("DND") list of TRAI, you may not receive SMS from us. In such a case, you will be responsible for taking all steps to deregister from the DND list and not holding us liable for non-receipt of SMS.
  3. We shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold the Company liable for the non-availability of the SMS/e-mail alert/push notifications service in any manner whatsoever.
  4. The SMS/e-mail alert/push notification service provided by us is an additional facility provided for your convenience, and that it may be susceptible to error, omission and/or inaccuracy. You shall not hold the Company liable for any loss, damages, claim, expense, including legal cost that may be incurred/suffered by you on Account of the SMS/e-mail alert/push notification facility.
  5. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors, including the infrastructure and connectivity of the network service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  6. You understand that the Company can not guarantee or warrant that files available for download through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of internet security and data input and output accuracy.
Third-party Services on the Platform
  1. Our Platform includes products and services made available by third-party service providers. These third-party service providers may have additional terms that apply to you. You agree to be bound by such other additional terms. Third-party products and services are subject to terms and conditions and privacy policies set by their providers. These include how the provider will use the data that you make available to them. The descriptions of third-party products and services that we publish, and any associated links, have been provided to us by the providers. The providers are solely responsible for any representations contained in those descriptions. We don't endorse or assume any responsibility for third-party products or services.
  2. We make no representations and expressly exclude all warranties and liabilities arising from or about such third-party services, including their accuracy or completeness. Further, all intellectual property rights in and to third-party services are the property of the respective third parties.
Termination of Access to the Platform

We may terminate or suspend your access to Platform or access to all or any of data:
(i) at our discretion;
(ii) if you fail to comply with these Terms or the Privacy Policy;
(iii) in case of inactivity for extended periods; or
(iv) in case of any fraud, insolvency or bankruptcy concerning you. You agree that our right to terminate does not depend on whether you breach these Terms or not.

Warranties and Disclaimers
  1. We are a technology platform service provider. We are not and will not be responsible for any claim or for any damages suffered, whether by you, the third parties of the Users whose information is recorded on the Platform, or any other person or Party that are related, directly or indirectly, to or arising out of the same including any payments made by you or by any third parties of the User using the payment link generated using the Platform.
  2. Your use of the Platform and the services is at your sole risk. The Platform provides the services on an "as is" and "as available" basis. Except as otherwise expressly provided in these terms, the Company, its strategic partners, and their respective officers, directors, employees, agents and other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the preceding, the Company makes no warranty that:
    (i) the Platform or the services will meet your requirements;
    (ii) the Platform or the services will be uninterrupted, timely, secure, or error-free;
    (iii) information that may be obtained via the Platform or the services will be accurate or reliable;
    (iv) the quality of any and all products, services, information or other material, including all merchandise, goods and services, obtained or purchased by you directly or indirectly through the Platform or the websites will meet your expectations or needs; and
    (v) any errors in the Platform or the websites will be corrected.

Exclusion of Damages

We shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Platform, including any liability:
(i) as a publisher of information;
(ii) for any incorrect or inaccurate information or any 'bug' of the Platform or the services;
(iii) for any unauthorized access to or disclosure of your transmissions or data;
(iv) for statements or conduct of any third party on or via the Platform;
(v) for any disputes between users of the Platform or the services, or between a user of the Platform or the services and a third party; or
(vi) for any other matter relating to the Platform or the services, or any third party.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises us of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The products, information and services offered on and through the Platform or the services would not be provided to you without such limitations.

Indemnification
  1. Notwithstanding anything contained in this Agreement, you agree to defend, indemnify and hold harmless the Company (and its affiliates, officers, directors and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys' legal fees) in connection with, arising out of, or in relation to
    (i) breach or non-compliance of its obligations, consents, grants, undertakings, representations or warranties under these Terms, and
    (ii) misrepresentation, negligence, fraud, willful concealment and misconduct
    (iii) misuse of the Services and Platform for any illegal or unauthorized purposes;
    (iv) any injuries to persons or damage to property, body, business character, reputation including theft, resulting from your acts or omissions;
    (v) any claims by a third party on Company for the acts committed or omitted by you; and
    (vi) any violation of applicable law.

  2. You agree that any violation by you will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/ or its Strategic Partners and third-party service providers for which monetary damages would be inadequate. You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. Suppose the Company takes any legal action against you as a result of your violation of these Terms. In that case, they will be entitled to recover from you, and you agree to pay all reasonable attorneys' fees and costs of such action, in addition to any other relief that may be granted.
Miscellaneous
  1. Notice: All notices, requests, demands, approvals, requests for approvals or other communications under the Terms shall be written. Notice will be sufficiently given for all purposes as follows:
    (i) upon delivery when personally delivered to the recipient,
    (ii) upon receipt when mailed by certified mail,
    (iii) upon delivery when delivered by recognized international overnight courier, and
    (iv) upon receipt when sent by fax with confirmation.

  2. Merger/Modification: Each Party acknowledges that it has read the Terms, it understands it, and agrees to be bound by its terms, and further agrees that this is the complete and exclusive statement of the Terms between the Parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the Parties relating to the Terms.

  3. Governing Law and Jurisdiction: These Terms shall be governed by and construed, and enforced according to India's laws. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore under the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

  4. Severability: If any provision of the Terms is invalid under any applicable statute or the rule of law, it is to that extent to be deemed omitted, and all other terms and provisions of the Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated with this is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify the Terms to effectuate the original intent of the Parties as closely as possible in an acceptable manner so that the transactions contemplated with this are consummated as considered initially to the greatest extent possible.

  5. Waiver: A waiver by either Party of any terms or conditions of the Terms in any instance shall not be deemed or construed to be a waiver of such term or condition for the future or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in the Terms shall be cumulative. None of them shall be in limitation of any other treatment, right, undertaking, obligation or Agreement of either Party.

  6. Relationship of Parties: The Parties are not employees, agents, partners or joint venturers. You shall not have the right to enter into any agreement on behalf of the Company.

  7. Entire Terms: The entire understanding between the Parties hereto relating to the subject matter hereof is contained herein. The Parties make no warranties, representations or undertakings hereto except as expressly provided herein.

  8. Assignment: Notwithstanding anything contained herein, you agree and covenant that the Company may, at its sole discretion, be entitled to assign its rights and obligations under this Terms to any of its affiliates or to any entity, and in such case, such affiliate or entity shall be entitled to enforce these Terms.

  9. Survival: Notwithstanding any termination, cancellation or expiration of the Terms, the provisions hereof that are intended to continue and survive shall continue and survive.

  10. Expenses: Except as otherwise specified in the Terms, all costs and expenses, including fees and disbursements of counsel, financial advisors and accountants, incurred in connection with the Terms and the transactions contemplated in the Terms shall be paid by the Party incurring such costs and expenses.

  11. Force Majeure: Neither Party shall be liable for a failure or delay in performing any of its obligations under the Terms if, but only to the extent that, such failure or delay is due to causes beyond the reasonable control of the affected Party, including, but not limited to
    (1) acts of God;
    (2) fire or explosion (except to the extent caused by the negligence or willful misconduct of the affected Party);
    (3) unusually severe weather;
    (4) war, invasion, riot, or other civil unrest;
    (5) governmental laws, orders, restrictions, actions, embargoes, or blockages;
    (6) national or regional emergency; and
    (7) injunctions, strikes, lockouts, labour trouble, or other industrial disturbances; provided that the Party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure, or overcome any such causes and to resume performance of its obligations as soon as practicable.

  12. Maintenance of Records: You shall maintain the records independently of the Platform (by the way, physical copies, et cetera). The Company reserves the right to seek copies of such records for their own use, including record keeping. You acknowledge and agree that Company shall have the right to retain your information for as long as it deems fit and to be in compliance with applicable provisions of the law.

  13. Fees: The Company reserves the right to charge a fee for the Services, and non-payment may result in denial of Services.

  14. Contact Us: If there are any questions or grievances, or complaints regarding these Terms, you may contact us at the address given below:

    Grievance Officer
    Address: 203, Sumer Kendra, Pandurang Budhkar Marg, Worli, Mumbai-400018.
    Email: admin.saarthi@ajvafin.com

Additional Terms for Financial Products
  1. To the extent permitted under applicable laws, all information submitted by the User to the Company (except for the personally identifiable information and documentation provided by the User, which shall be by its nature, be deemed to be proprietary information of the User) whether through the Platforms or otherwise shall be deemed to be the property of the Company. It shall be free to use any ideas, concepts, know-how or techniques provided by such users at the Platform in any manner whatsoever.
  2. No Objection from The User
    To contact the Registered User regarding matters about the operation of the User's Account including, but not limited to, for servicing of the User's requests, communication of special offers, new product launches and product recommendations. You agree that you at this moment provide the Company express consent to override any registration for Do Not Call ("DNC") / National Do Not Call ("NDNC").

  3. Holding pattern and User details:
    Registered User acknowledges and agrees that the investments holding pattern of the Registered User, as reflected in the Platform, is deemed to be the holding pattern of the User(s). Please reach out to us at info.saarthi@ajvafin.com in case of any discrepancies.

  4. Fees and Charges
    While currently, Services offered by the Company are of minimal charges, you acknowledge that the Company reserves the right to increase fees in the future for it or any other services provided by it. Any such changes will be communicated by the Company via e-mail and will be displayed on the Platform.

  5. Online Payment – Payment Gateway Terms

    1. The Registered User cannot use or permit the payment gateway or any related services for any illegal or improper purposes.
    2. The Registered User shall utilize the payment gateway at their own risk. These risks would include but not be limited to the following risks, and the Company disclaims all liability and responsibility for any claims, losses, damages, costs of whatsoever nature arising due to such risks:
      a. Misuse of Password: If any third party obtains access to the user password of the Account, such a third-party would be able to transact on the Platform.
      b. Internet Frauds: The Internet per se is susceptible to fraud, misuse, hacking and other actions, affecting payment instructions given using a payment gateway or the transactions are done using Platform. Whilst the Company shall aim to provide security to prevent the same, there cannot be any guarantee against such internet frauds, hacking and other actions. The Registered User shall separately evolve/evaluate all risks arising out of the same.
      c. Mistakes and Errors: The filling of applicable data for transfer would require proper, accurate and complete details. In the event of the Account receiving an incorrect credit because of a mistake committed by any third-party, the concerned Mutual Fund/AMC or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the Registered User, who shall be responsible for accepting any such instructions received from the AMC, without questions for any unfair or unjust gain obtained by the Company as a result of the same.
      d. Technology Risks: The technology for enabling the transfer of funds and the other services offered by the electronic payment gateway and the Company could be affected by virus or other malicious, destructive or corrupting code, program or macro. The Company's site or the bank may require maintenance, and during such time it may not be possible to process the user request. This could result in delays in processing transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. The Company shall not be responsible for any of the risks described above.
      e. Limits: The Company may from time to time impose maximum and minimum limits on funds that may be transferred by the payment transfer service given. The Registered User realizes and accept and agree that the same is to reduce the risks. They shall be bound by such limits imposed and shall strictly comply with them.
      f. Indemnity: Registered User shall indemnify the Company from and against all losses and damages that may be caused as a consequence of a breach by them of any of the terms specified by the electronic payment gateway service provider and the terms and conditions mentioned hereinabove.
      g. Authentication of the Transaction: Registered User is authorized to make a transaction(s) only with and from the bank account(s) registered on the Platform. Banks have all the right to cancel, reject and/or unauthorize the transaction made by the Registered User from any other account, details of which are neither registered nor provided to the Company. Such payment rejected by the banks shall be notified or intimated to the Registered User in the morning of the next business day.

  6. Transaction Verification:
    The transactions made by the Registered User, whether approved or rejected, using the Platform shall be subject to the following level of verifications:

    • The transaction will be rejected if the bank account through which the payment is made is not registered with the Company or the payment gateway.
  7. Binding nature of above terms and conditions: By use of the Platform and clicking on 'Continue/I Agree' on the Platform, the Registered User expressly agrees to all the above terms and conditions, and such terms and conditions shall bind them in the same manner as if they have agreed to the same in writing.

  8. Notices/Correspondence: Any notice or other correspondence addressed by the Company to the Registered User may/shall be addressed to the address provided by the Users at the time of enrollment.

  9. Termination of Services: The Company may terminate the Services provided at any time in case of breach of the Terms (including these terms) provided that the Registered User shall not be relieved of obligations hereunder notwithstanding such termination incurred before the date on which such termination shall become effective.

  10. Disputes: In the event of a dispute between the Registered User and the Company on the accuracy of transaction details provided by the former on the Platform, the transaction logs maintained by the Company will be the only source of data to verify the accuracy of such transactions.

Additional Terms for Tax Return Filing Services
  1. You acknowledge, agree, and authorize the Company to collect, store, process your information, and further transfer and share information (including personal information) with third parties, including payment gateways, banks, and other entities for the purpose of the Services.
  2. The Company is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Platform and Services it provides may change from time to time without prior notice.
  3. As part of this continuing innovation, you acknowledge and agree that the Company may stop (permanently or temporarily) providing the Platform or Services (or any features within the Services) to you or to users generally at the Company's sole discretion without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the Company when you stop using the Services.
  4. You acknowledge and agree that if the Company disables access to your Account, you may be prevented from accessing the Services, your account details or any files or other content contained in your Account.
  5. You agree and acknowledge that we may use external consultants (each of which is a separate and independent legal entity) or subcontractors to provide the Platform and applicable Services. If we use such consultants, you authorize the Company to share your information with such consultants to provide you the Services.
  6. Your use of our Platform and Services is at your sole risk. Subject to applicable laws, the Company disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and accuracy of the Platform and services.
  7. Notwithstanding anything contained in this Terms, you shall defend, indemnify and hold harmless the Company (and their affiliates, officers, directors and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys' legal fees) in connection with, arising out of, or in relation to (i) breach or non-compliance of its obligations, consents, grants, undertakings, representations or warranties, and (ii) misrepresentation, negligence, fraud, willful concealment and misconduct (iii) misuse of the Services and Platform for any illegal or unauthorized purposes; (iv) any injuries to persons or damage to property, body, business character, reputation including theft, resulting from the acts or omissions performed by you; (v) any claims by a third party on the Company for the acts committed or omitted by the User; (vi) any violation of applicable law.
  8. By using the Platform and Services, you at this moment fully and unconditionally release and completely discharge the Company (and their affiliates, officers, directors, and employees) against any claims (howsoever arising) in respect of availing of the Platform and Services.
  9. Refunds and Cancellation

    Questions about refunds and cancellations should be addressed to info.saarthi@ajvafin.com

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