Terms & Condition

1. WELCOME

Please read these terms and conditions (“Terms”) carefully before continuing to use www.abhiloans.com and the mobile application (if any) (collectively “Website”). The Website is maintained and operated by  M/s. KNAB Finance Advisors Pvt. Ltd. and its affiliates hereinafter collectively known as “KNAB”. The acceptance of Terms will be between KNAB and ABHILOANS (collectively known as “ABHILOANS” or “we”) and you as a user of this Website.

As used herein, the term “you” (including any variant) refers to each individual user who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms. This Website contains features of financial products and services not limited to Loan Against Shares and Loan Against Mutual Funds etc. offered by ABHILOANS (collectively “Products”).

These Terms only govern your access to, and use of the Website. The information contained on this Website does not represent and should not be used to construe the terms on which a transaction would be entered into by ABHILOANS.

Carefully read the following Terms as by accessing the Website you have confirmed that you have read, understood and bound yourself by these Terms, the legal disclaimer (“Disclaimer”) and the privacy policy (“Privacy Policy”), as posted on the Website. These Terms are an electronic record in terms of the Information Technology Act, 2000, (as amended) and do not require your digital or physical signature, by accessing the Website you confirm that you have read, understood and bound yourself by these Terms.  You will be subject to the rules, guidelines, policies, terms, and conditions applicable to the Website that are provided by this Website and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.

Please refer to our Privacy Policy for information about how we collect, use, and share personal information about you. By submitting data through the Website, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy. Please note that if you do not agree with these Terms, do not proceed ahead to visit the Website as you will not be able to access our Website and the Products.

2. LICENSE GRANT

ABHILOANS grants to you a personal, revocable, non-exclusive, non-transferable, non-perpetual and non-sublicensable limited right to visit the Website and avail the Products of the ABHILOANS subject to terms and conditions of usage as described below. The Website shall be solely used in compliance with these Terms provided herein and to the extent permitted under applicable laws, rules, and regulations.

• TERMS AND CONDITIONS TO USE THIS WEBSITE
• In order to use certain features of the Website you will need to register for an account on the Website. You are solely responsible for the activity that occurs on your account. You understand that we cannot be held responsible for the delay, loss, incorrect distribution or activity in your account. You must provide accurate, current, and complete account information about yourself to create an account. You accept all risks of unauthorized access to your account as unauthorized usage is strictly prohibited.
• By providing your email id, you consent to receive electronic communications from ABHILOANS(e.g., via email or by posting notices to the Website). These communications may include without limitation notices about your account (e.g., password changes and other transactional information); and information regarding other products and services and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirements that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, product and services information, surveys and other news and information related to ABHILOANS that we think will be of interest to you. By creating an account, you consent to receive all such communication from ABHILOANS which includes offer that will complement or expand the Product and any third-party product and services. You may opt out of receiving these promotional emails at any time in accordance with the Privacy Policy.
• You understand that in order to provide the Website and Product contemplated hereunder, ABHILOANS is dependent on third-party service providers or vendors. You agree and acknowledge that ABHILOANS will not be responsible under any circumstances for any delays or deficiencies in the provision of, or access to, the Website or Product, to the extent that such delay or deficiency is caused by any third-party service providers or vendors. You expressly agree that this Clause is intended to be as broad as permitted by the applicable laws. ABHILOANS is not under an obligation to provide any communication about any such downtime to you. Any downtime of the Website or Product due to downtime or delay in services of a third-party service provider or vendor shall not be considered ABHILOANS’s downtime.
• When you register for an account, you hereby represent and warrant, to and for the benefit of ABHILOANS, as follows:
• You have all requisite capacity, power, and authority to enter into and perform your obligations under these Terms. The execution, delivery, and performance of, and the performance of your obligations under, these Terms have been duly authorized by all necessary action on your part and on the part of any entity on behalf of which you are entering into these Terms, and no other proceedings are necessary to authorize the execution, delivery, or performance of your obligations under these Terms.
• Due Execution. These Terms constitute your legal, valid, and binding obligation, enforceable against you in accordance with these Terms.
• You will not violate the security of any computer network, or crack any password, account, or other security information of any other user while using the Website. You will not upload any document or content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) poses or creates a privacy or security risk to any person; or (ii) in the sole judgment of ABHILOANS, it restricts or inhibits any other person from using or enjoying the Website, or which may expose ABHILOANS or its users to any harm or liability of any type.
• You will not attempt to probe or probe, scan, or test the vulnerability of any ABHILOANS server or network or breach any security or authentication measures and you will not attempt to avoid or circumvent any technological measure implemented by ABHILOANS to protect the Website and Products, including without limitation, encryption technology used to protect sensitive personal information.
• You will not use the Website to harvest, collect, gather, or assemble information or data regarding the Products.
• You will not use any robots, spider, crawler, scraper, script, deep link, or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy, modify or monitor the Website.
• You will not use, employ, operate, or create a computer program to simulate human behavior (“Bots”), and or use, employ, or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Website.
• You shall comply with all applicable laws and regulations, including the Prevention of Money Laundering Act, 2002.
• You shall not use, directly, indirectly, or remotely, the Website and the Product, in any manner whatsoever for any illegal or unauthorized purposes including for the purposes of giving or receiving bribes, promoting or supporting corruption or corrupt practices, for laundering money for financial instruments, or to violate laws or regulations in force.

   3. Consent for Receiving Communication and Service Alerts from Abhiloans

• I hereby authorize and give consent to Abhiloans to send me, either through itself or through any third party service provider, from time to time various information / alerts / SMS / other messages or calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry / listed in National Customer Preference Register or not. I also confirm that by sending any of such messages / calls, I will not hold Abhiloans its third party service provider liable / institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. It will be auto renewed every month and if you want to stop this service please write an email to support@abhiloans.com before the due date and call our support number 8448086922 also once the amount is debited from account it will not be refunded.

4. “AS IS” WARRANTY

• The Website is provided “AS IS” without warranty of any kind, either expressed or implied, and statutory warranties of any kind to the user including without limitations, warranties of performance, merchantability, fitness for a particular purpose, non-infringement, accuracy of information, accuracy of calculation or computation, and correctness of applicable rates prescribed by law for calculation of relief or liability.
• Notwithstanding best efforts by ABHILOANS to ensure adherence to stringent performance standards, ABHILOANS does not warrant that the functions and features will meet your requirements or that the operation of the Website will be uninterrupted or error free. ABHILOANS does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period. You bear the entire risk as to the use, quality, and performance of the Website including the software and the Product.
• Neither ABHILOANS nor any disseminating party shall be liable for any inaccuracy, error or delay in, or omission of, (1) any such data, information or message, or (2) the transmission or delivery of any such data, information or message; or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance, or (iii) interruption in any such data, information or message, either due to any act or omission of ABHILOANS or any disseminating party or due to any “Force Majeure” or any other cause beyond the reasonable control of ABHILOANS or any disseminating party.
• You agree that any market data provided by any other agency or analyst that is made available on the Website reflects a proprietary interest in such data by such agency or analyst. Neither ABHILOANS nor any agency or analyst nor any supplier of market data guarantees the timeliness, sequence, accuracy, completeness, and reliability, of content of market information, or messages disseminated to or by any party.
• You agree that ABHILOANS do not intend to make any claim with reference to appropriateness of any finance plan for equipment, car, commercial vehicle, home or deposit or any investment alternative or any tool for organizing finance or calculating tax liability or relief or scheduling system or investment consultancy services or plan of any kind and that you agree to verify and analyze your requirements and your capacity before taking any decision.
• You also agree that ABHILOANS do not intend to render any advice with respect to the choice of a finance plan for purchase of an asset, for organizing finance, for calculating tax liability or relief, financial services, opportunities, nature, potential value, or suitability of any scheme to you.
• You also agree that ABHILOANS is only providing information and data in connection with the Products and the choice or viability of any Product shall always be the sole decision and responsibility of yours.

5. INTELLECTUAL PROPERTY RIGHTS

• ABHILOANS or its licensors, as applicable, is the absolute owner of all intellectual property rights in relation to the Website as well as in relation to the services related thereto. All intellectual property rights are duly protected by law and through treaties. ABHILOANS and the licensor do not confer any right on you in or in relation to such intellectual property rights.
• You agree and acknowledge that all the content and information made available on the Website by ABHILOANS through the Product or through advertisement is duly protected by copyrights, trademarks, service marks, patents, or other intellectual property rights.
• You agree that copyrights in the pages, in the screens displaying the pages, in the information and material therein, on the Website, unless otherwise indicated, are owned by ABHILOANS. This includes and is not limited to all content on the Website, profiles, slogan, information, data, audio, video, heading, graphical design, text, graphics, interfaces, logos, images, and their arrangements and compilation are protected by Indian and international copyright laws and other relevant intellectual property rights laws and are the proprietary property of ABHILOANS or its licensors, as applicable. Any other use including copying, downloading, altering, tampering, reproduction, modification, distribution, transmission, re-publication, display, or performance of the Website and the proprietary property of ABHILOANS on this Website is strictly prohibited. In addition, the look and feel of the Website, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark, or trade dress of ABHILOANS and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any violation of this clause by you would render automatic termination of the services to you, apart from initiation of any proceedings available under law against you. We do not warrant or represent that your use of materials and contents displayed on the Website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by it. 
• The technology and software underlying the Website or distributed in connection therewith are the property of ABHILOANS and our partners, as applicable. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover any source code or structure, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved by ABHILOANS.
• Under no circumstances will ABHILOANS be liable in any way for any content or materials of any third parties including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by ABHILOANS. We accept no responsibility or liability for any damage, direct or indirect, resulting from the prohibited use of any content of Website.
• ABHILOANS respects the views of its customers, you are free to provide your input, or comments, or suggestion for creation, correction, change and modification to the Product or Website and other feedback (including but not limited to quotations of written or oral feedback), ideas, concepts, information, and reports to ABHILOANS(collectively “Feedback”). You hereby agree and acknowledge that ABHILOANS shall own all the rights in the Feedback, together with rights in all improvements, updates, modifications, or enhancements, whether made, created, or developed by ABHILOANS or otherwise relating to Feedback (collectively, “Revisions”). All Feedback and Revisions shall be the sole and exclusive property of ABHILOANS and ABHILOANS may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to ABHILOANS any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions. At ABHILOANS’s request, you will cooperate fully with ABHILOANS to execute any document and such other acts as are necessary to give effect to this provision. 

6. TERMINATION

• You understand that ABHILOANS may at any time, at its sole discretion and without prior notice to you, terminate, prohibit, or restrict your access to the use of the Website or related services. Upon such termination your use of the Website ceases.

• The limited license granted herein will terminate automatically upon termination of these Terms, if you fail to comply with these Terms, or if the duration of Products are terminated or expired. On termination of your access, you must destroy all copies of the communication with or from ABHILOANS in your possession or control.
• Further, you agree that ABHILOANS will not be liable to you or any third party for any termination of your access to the Website and the Product.

7. LIMITATION OF LIABILITY

• Under no circumstances and under no legal theory, tort, contract, or otherwise, ABHILOANS or its licensors shall be liable to you or any other person for any direct, special, incidental, consequential, or punitive damages of any character including, without limitation, damages for loss of personalized settings, use, data, profits, or goodwill, liability for debt or personal injury, work stoppage, computer failure or malfunction, commission or attempt to commit any cybercrime by any third party, delay or failure by any service provided by any third party, government organization or department, and/or any and all other commercial damages or losses, even if ABHILOANS shall have been informed of the possibility of such damages, or for any claim by any other party.

• Our Disclaimer is available at https://abhiloans.com please refer to the same for further details.

8. RESALE

• ABHILOANS is providing the Website which is based on its own assimilation and processing of data, development of proprietary software for performance of required functions, software created for providing technology solutions in a business environment based on the data furnished by the user and this Website is for your personal use and therefore, you hereby agree not to use the services, directly or indirectly, in such a manner so as to lease, sub-lease, sub-license, sell, resell, or exchange the use of the Website.

• While all efforts have been taken to ensure that the services rendered are error free, you agree that there may arise errors and therefore the services may not be ideal for being used in an online time bound environment, which requires zero error performances.

9. AMENDMENT

• ABHILOANS may, in its sole discretion, (i) change, modify, add, or remove these Terms at any time, and/or (ii) amend, suspend, or discontinue, temporarily or permanently, whole or part of the Website and/or Products, without prior notice to you. ABHILOANS may notify you of any such changes by posting notice of such changes on the Website(s) or sending notice via e-mail, or other means. ABHILOANS shall not be responsible if you fail to receive the communication due to incorrect email id provided by you or if you have not updated ABHILOANS of your change in the email id. Your continued use of the Website and/or Products following notice of such change shall be deemed to be your acceptance of all of the terms incorporated therein by any such modification. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Website. If you do not agree to any such modification, you are free to reject them, unfortunately, you must immediately stop using the Website and you will no longer have access to the Products. We will not be liable to you in any manner whatsoever for any modification or discontinuance of the Website or Products.

10. CONTENT

• It is agreed by the parties that all the information given in the present Website is endeavoured to be correct as of the date of insertion on the present Website. It is further declared that ABHILOANS and any professional working thereof do not stand guarantee as to the correctness of the information supplied in the present Website. Both the parties unanimously agree that the Website and/or any of the professionals or any other person working for and on behalf of ABHILOANS giving information of any kind in respect of solicited queries, shall not be liable in any manner, whatsoever, for the said information, rendered through and/ or by means of the present Website. It is further agreed that whatever information/ advice is sought by you, is sought on the terms and conditions stipulated in the present Website. It is further agreed that any advice, consultancy, or information rendered to you in response to any query is based only on the limited sketchy facts and/ or limited sketchy parameters given by you in your said query / communication. The Website is only for general educational and informational purposes and is not intended to provide any legal, tax or financial or securities related advice.

• You hereby agree that ABHILOANS has the right to delete any information or message given by you at its discretion without prior notice, if it is of the opinion that the information or message is obscene, sexually explicit, libellous, defamatory, threatening, harassing, abusive, hateful, false, inaccurate, misleading, profane, objectionable, and/or socially unacceptable information of any kind.

• You hereby agree that as a user, you will not have any claim against ABHILOANS and ABHILOANS shall not be responsible or liable in any manner, in the event of any other user violating the conditions of use specifically referred to in Clause 10.2 above.

• You hereby agree that as a user you will not have any claim against ABHILOANS and ABHILOANS shall not be responsible or liable in any manner, if any message or information or link is introduced or made to appear in the Website or user screen or home page, which is obscene, sexually explicit, libellous, defamatory, threatening, harassing, abusive, hateful, false, inaccurate, misleading, profane, objectionable, and/or socially unacceptable information of any kind. You further agree to report any such display to ABHILOANS in order to enable ABHILOANS to take remedial action in the form of deletion of such message or information.

• Our Disclaimer is available at https://abhiloans.com please refer to the same for further details.

11. FREE CONSENT

• You state that the very fact that you are visiting / have visited the present Website is a complete unqualified acceptance of yours relating to various Terms detailed on the Website as also in the Disclaimer. You fully declare and undertake with a sound mind without any undue force, pressure, influence, or coercion on you, that you shall be fully bound by the Terms of the Website as also by the terms of the Disclaimer. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a visitor of this Website or as a seeker or querist of opinion, advice, or consultancy from the services of the Website or on account of non-payment of dues, being the dues of the querist or seeker in respect of the Products, then the exclusive jurisdiction to file law suits against you, being the visitor or querist, shall be in the courts at New Delhi only.

• You are sophisticated, experienced, and knowledgeable in relation to Products, you have conducted an independent investigation of the Product and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing and, in making the determination to use the Website. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, ABHILOANS, in determining to enter into these Terms.

12. LINKS

• You hereby agree that any link to other world wide website or resources provided by ABHILOANS on its Website is not subject to any control of ABHILOANS and ABHILOANS does not verify the authenticity of these links, websites and their contents. Therefore, you agree that ABHILOANS, its employees, directors, and officers shall not be responsible and liable for any content, information, advertising, products, and other materials available on such third party sites or resources. When you click on a link to a third-party application, you are subject to the terms and conditions (including privacy policies) of another property or application. You use all such links of third-party applications at your own risk.

• You further agree that ABHILOANS, its employees, officers, and directors shall not be responsible and liable, for any damage or loss, caused or alleged to be caused, directly or indirectly,  by or in connection with the use of or reliance on any such content, information, goods, and/or services available on or through any such site or resource.

• Please note that, our Disclaimer and Privacy Policy contain a detailed information about third party terms and links, kindly refer to the same.

13. NO UNLAWFUL OR PROHIBITED USE

• You agree not to use the Website including the information or Products made available by ABHILOANS in any manner to or for:

• any illegal purpose or in any manner inconsistent with these Terms;
• transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of ABHILOANS or otherwise is detrimental to the interests of ABHILOANS;
• impersonate any person or entity or group or falsely state or otherwise misrepresent an affiliation or connection with a person, entity, or group;
• interfere with or disrupt the service or servers or networks connected to the Website and the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and the Product;
• intentionally or unintentionally violate any applicable local, state, national, or international law;
• harass other users of the Website;
• post or transmit any information, which contains a harmful code; and
• indulge in any cyber-crime (cybercrime means any isolated or concerted act whether done in India or outside India by which the originator of such act or associates (a) gain access to the computer system or computer network, (b) downloads, copies or extracts any information or data from such system, (c) introduces any harmful code, (d) causes any damage to the system or network, (e) causes the non-functioning or malfunctioning of any system or network, (f) causes denial of access to any authorized person to the system or network, (g) contravenes any provision of the IT law and the rules and regulation made thereunder, (h) tampers or manipulates any system or network with the object of operating the account of another person, (i) alters or deletes any information residing in a computer resource or diminishes the value or utility of the function of the computer system or network through any means, and/or (j) does anything which has the effect of adversely affecting the performance of a computer network or services).

• You further agree that ABHILOANS has the right to proceed against you under law and avail the remedies available under the Information Technology Act, 2000, and regulations made there under, in addition to, such other remedies available under law, in the event of any contravention of the undertaking given by you in the above Clause.

14. OPERATIONS

• You agree that ABHILOANS, at its discretion, can fix or set or modify the limits with reference to the number of e-mails or size of messages or number of queries that can be raised by you and has the absolute discretion not to respond or provide solutions as contemplated in the Website for any reason. You also agree that in such event the same shall not be construed as breach of contract or deficiency of service.

• ABHILOANS will use commercially reasonable efforts to provide customer support to assist you in using the Website. Our customer support will respond within reasonable time to inquiries received from you. However, you acknowledge that there may be delay in response from our customer support due to high volume of inquiries or due to any other reason beyond our control. Any customer support shall be provided in our sole discretion without any guarantee or warranty of any kind.

• We do not control the internet network and we disclaim any liability under any theory of law for any damages and/or partial or total interruption or malfunction of the Website or associated services related to discontinuance of operation of any portion of internet or possible regulation of internet and/or any third-party hacking.

• You understand that you are responsible to arrange browser and internet facility in order to access the Website and you shall bear the internet service fees that may be assessed by your internet service provider.

• You agree that the information or details with reference to your activities, finances, financial position or any other data given by you may be disclosed to statutory authorities or government agencies, if so requested by them. You also agree that all data and information provided by you shall be subjected to Privacy Policy which shall also be deemed to be read by you on proceeding further on the Website.

• You agree that ABHILOANS reserves the right to determine any fees as well as applicable taxes, if any, that have to be paid by you in connection with the usage of the services and Products provided by ABHILOANS.

• You agree that the information supplied by you in any of the fields specified in the Website in connection with becoming a registered user or in connection with the availing of the Product provided through the Website is true, accurate, current and complete that you have not withheld any information whatsoever. You understand that any details provided by ABHILOANS with respect to your eligibility for availing Products is based on the information and details provided by you and ABHILOANS shall not be responsible or liable for discrepancy in the aforesaid details pertaining to your eligibility. You understand and acknowledge that ABHILOANS shall have the absolute discretion to determine your eligibility to provide its Product and ABHILOANS shall not be responsible/liable in any manner whatsoever for not providing any of its Products/services to you.

• You agree that for your protection and for the protection of ABHILOANS and as a tool to correct misunderstandings, you understand, agree and authorize ABHILOANS at its discretion, and without further prior notice to you, to monitor and record your electronic communications conducted with ABHILOANS, directly or indirectly.

• ABHILOANS reserves the right to use cookies in the Website in order to store and track information about the user. Information includes surfing behaviour, URL of the pages visited, browsing details, IP address.

15. PASSWORD

• You agree to be the only authorised user of your user’s login ID and password.
• You agree to keep the login ID and password totally confidential and you shall not reveal the password to any other person including your employees, if any.
• You agree that in order to ensure better security and safety on the internet as well as to ensure confidentiality in respect of your transaction, it is advisable that the password that is adopted is at least 5 characters long and shall consist of the mixture of alphabets and numbers which must not relate to any readily accessible personal data such as your name, address, telephone number, driver license number, internet password or any easily identifiable combination of letters and numbers.
• You shall be solely responsible for the safety and confidentiality of your password.
• You agree to immediately change the password and notify ABHILOANS of any unauthorised use of your username and password and the date of its occurrence.
• You also agree to log off from your account at any time when you are not accessing or using the Product and in the event of any liability or loss, which takes place on account of the failure on your part in not logging off the account, then you alone shall be responsible for the same.
• You agree to immediately notify ABHILOANS if you discover any unauthorised access or discrepancies or the commission or attempt to commit any cyber crime or you forget the password or a security flaw is discovered in the system. In all such cases, you have to communicate to ABHILOANS in writing and on receipt of such request, the system may generate a new password. At no point of time ABHILOANS shall be liable for any loss, notional or actual, that may be suffered by you by the reason of any misuse, security lapse, and/or cyber -crime in connection with your password.

16. INDEMNITY

• To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ABHILOANS and its directors, officers, employees, agents, successors, suppliers, licensors, and assigns, from and against, any and all, actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, actual attorneys’ fees and expenses) and costs (including, without limitation, court costs, and costs of settlement), of every kind and nature whatsoever arising out of or related to these Terms, your use of the Website, and/or any links therein, including, but not limited to:

• violation of all or any of these Terms by you or by someone else using your account;
• transaction conducted by you or by someone else using your account;
• misrepresentation and/or breach of any representation, covenants and/or obligations contained herein; and/or
• allegation of infringement or actual infringement of any intellectual property right of any third party due to your use of the Website or by someone else using your account.

• You agree to promptly notify ABHILOANS of any third-party claims and cooperate with ABHILOANS in defending such claims. You further agree that ABHILOANS shall have control of the defense or settlement of any third-party claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ABHILOANS.

• IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF WEBSITE , YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

17. MISCELLANEOUS

• These Terms represent the complete agreement concerning the subject matter hereto and supersede all prior agreement or understanding, oral or written, and any other communications between you and ABHILOANS relating to the subject matter of these Terms.

• These Terms, and any rights and licenses granted and obligations hereunder, shall not be transferred, or assigned by you without the prior written consent of ABHILOANS, however, we may cede, assign, or otherwise transfer our rights or obligations under these Terms to any third party without your consent and without notice to you.

18. JURISDICTION AND GOVERNING LAW

• These Terms and your access to and use of the Website shall be governed by and interpreted only in accordance with the laws prevailing in India, without regard to any conflict of law, rule or principle that would cause the application of the laws of any other jurisdiction.

• All disputes, disagreements, claims, etc., arising in relation to these Terms and/or the Website, whether in contract or tort or otherwise, shall be subject to the exclusive jurisdiction of the courts in New Delhi, India, and the jurisdiction of all other courts, tribunals, and international courts, situated anywhere in the world including the USA, over such disputes, disagreements, claims, etc., is specifically, voluntarily and consciously excluded by means of these Terms.

• You hereby consent to submit to the exclusive jurisdiction of the courts located in New Delhi, India, for the resolution of all such disputes, disagreements, claims, etc., arising in relation to these Terms and/or the Website.

• All the transactions conducted through the Website shall be subject to all applicable laws of India, including rules, guidelines, and regulations of the Reserve Bank of India and any other regulatory and statutory authority, as may be prescribed and as may be amended periodically.

• You agree to duly comply with any law or rule or regulation that is introduced or made applicable from time to time, including to regulate internet transactions, broadcasting services, and usage of cyber space.

19. SEVERABILITY

• If any clause or term of these Terms is declared invalid or unenforceable by the appropriate authority then such invalid or unenforceable term or clause shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining part of that term or clause, and any other term and clause of these Terms.

20. WAIVER

• No rights or remedies hereunder of ABHILOANS shall be deemed to have been waived, unless such waiver is given in writing by ABHILOANS. Any indulgence or concession given to the user shall not be deemed to be a waiver of the breach or default of these Terms. ABHILOANS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No delay or omission by ABHILOANS in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other. Any single or partial exercise of any right or remedy shall not prevent any further or other exercise thereof.

21. EXTRAORDINARY EVENTS/ TECHNICAL DIFFICULTIES

• You understand and agree that there may be inability or delay or disruption in access; and/or failure in delivery or performance, of the Website and/or the Products due to occurrence of Force Majeure. ABHILOANS shall be excused from performing all its obligations hereunder at the time of subsistence of such Force Majeure. You specifically agree that ABHILOANS shall not be liable for any delay or failure in performance, resulting indirectly or directly, due to Force Majeure.

• For the purpose of these Terms, Force Majeure shall mean an event which is beyond the control of ABHILOANS and includes without imitation, act of God, flood, earthquake, lightning, unprecedented rain, cyclone, typhoon, storm, governmental restriction, change in law including guidelines, policies and regulation, fire, explosion, epidemic, pandemic, lockdown, war, riots, terrorist acts, armed conflict or act of foreign enemy in each case involving or directly affecting India, equipment failure, breakdown of internet, system failure, failure of any third party service provider, change in policy of third-party service-provider, unavailability or failure or diminishment of power, telecommunication, and/or data network, strike, labour dispute, lock out, go slow tactics, sabotage, security failure on the internet, computer hacking, availability of virus, computer crash, system getting affected due to any harmful code or program, failure in payment mechanism, failure or virus in the delivery mechanism of Product, commission or any attempt to commit any cyber-crime, unauthorised access, or otherwise made impractical by your acts or omission and all other problems, technological or otherwise, that might prevent you from accessing the Website or that might prevent ABHILOANS from rendering the Product (whether similar or dissimilar to those listed).

• Where despite best efforts taken by ABHILOANS in connection with the security with reference to the operation of the Website, you agree that if any cyber-crime is committed or attempted by any person which results in an unauthorised message or information or communication being made on Website or through the Website to you, then ABHILOANS, its employees, representatives, officers, and directors shall not be responsible or liable for any loss, actual or perceived, or other consequences of whatever nature to you, caused directly or indirectly, by such commission of cyber-crime or attempt to commit such cyber-crime. However, ABHILOANS shall be entitled to take such action as they deem fit against any such offences or attempts to commit such offenses.
• Any condition of Force Majeure shall not relieve you of any of your obligations due under these Terms prior to the event of Force Majeure.

22. Loan Disbursal Terms and Condition

• Our 4-hour loan disbursal timeline starts once the e-NACH is completed by the customer, provided it’s done during our business hours on business days.
• For loans against shares, funds will be disbursed within 4 hours, subject to the confirmation of successful pledging of the shares.