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This Agreement is between M/s. Sundaram Finance Ltd., and its
affiliates hereinafter collectively known as Sundaram Finance
Group and you as a user of this website. Affiliates for
the purpose of this Agreement means Sundaram BNP Paribas Home Finance
Ltd., Sundaram BNP Paribas Asset Management Co. Ltd., Sundaram
Finance Distribution Ltd. and such other subsidiaries or
associates of Sundaram Finance Ltd., incorporated for the
purpose of dealing with or in relation to specific financial
products and any institution or persons that Sundaram Finance
Group chooses to affiliate itself in the course of its business.
This website contains features of financial products and
services not limited to car finance, commercial vehicle
finance, equipment finance, home finance, deposits, mutual
funds, retail distribution etc. offered by Sundaram Finance
Group.
Carefully read the following terms and conditions.
These terms and conditions are accepted by you on clicking on “Accept”
below as also on proceeding ahead in the website.
Please read the following terms and conditions before
using the services provided by Sundaram Finance Group. If you do
not agree with these terms, do not proceed ahead to visit the site.
1. LICENSE GRANT
Sundaram Finance Group grants to you a non-exclusive,
non-transferable, non-perpetual license to visit the website and
utilize the services of the Sundaram Finance Group subject to terms
and conditions of usage as described below.
2. “AS IS” WARRANTY
2.1 The Services are
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 or non-infringement, accuracy of
information or accuracy of calculation or computation or correctness
of applicable rates prescribed by law for calculation of relief
or liability.
2.2 Notwithstanding
best efforts by the Sundaram Finance Group to ensure adherence to
stringent performance standards, Sundaram Finance Group does not
warrant that the functions meet your requirements or that the operation
of the Services will be uninterrupted or error free. Sundaram Finance
Group does not warrant that files or data sent by or to you will
be transmitted in uncorrupted form or within a reasonable period
of time. You bear the entire risk as to the use, quality, and performance
of the Software and the Services.
2.3 Neither Sundaram
Finance Group 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, due either to any act or omission by Sundaram Finance
Group or any disseminating party or due to any “Force Majeure” (e.g.,
flood, extraordinary weather condition, earthquake or other act
of God, fire, ware, insurrection, riot, labour dispute, accident,
action of government, communications, power failure, equipment or
software malfunction) or any other cause beyond the reasonable control
of Sundaram Finance Group or any disseminating party.
2.4 You agree that
any market data provided by any other agency or analyst that is
made available in the website reflects a proprietary interest in
such data by such agency or analyst. Neither Sundaram Finance Group
nor any agency or analyst nor any supplier of market data guarantees
the timeliness, sequence, accuracy, completeness, reliability, or
content of market information, or messages disseminated to or by
any party.
2.5 You agree that
Sundaram Finance Group does not intend to make any claim with reference
to appropriateness of finance plan for equipment, car, commercial
vehicle, home or deposit or any investment alternative or any tool
for organising 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 analyse your requirements
and your capacity before taking any decision.
2.6 You also agree
that Sundaram Finance Group does not intend to render appropriate
advice or offer the only alternative with respect to the choice
of a finance plan for purchase of an Asset, for organising finance,
for calculating tax liability or relief, financial services, opportunities,
nature, potential value or suitability of any scheme to you.
2.7 You also agree
that the Sundaram Finance Group 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.
3. INTELLECTUAL
PROPERTY RIGHTS
3.1 Sundaram Finance Group
is the absolute owner of all intellectual property rights
in relation to the website www.sundaramfinance.in
as well as in relation to the services related thereto.
All intellectual property rights are duly protected by law
and through treaties. Intellectual property rights shall
mean trademarks, service marks, brand names, certification
marks, trade dress, trade names and other indications of
origin in respect of any information, data or logo or design
or heading used in the website, works of authorship, whether
copyrightable or not, copyrights, copyright registrations,
and moral rights related thereto; The licensor does not
confer any right on the licensee in or in relation to such
intellectual property rights.
3.2 You agree and
acknowledge that the content or information made available in the
website by Sundaram Finance Group through the service or through
advertisement is duly protected by copyrights, trade marks, service
marks, patents, intellectual property rights or other proprietary
rights and laws.
3.3 You agree that copyrights
in the pages, in the screens displaying the pages, in the
information and material therein, in the website www.sundaramfinance.in,
unless otherwise indicated, is owned by Sundaram Finance
Group. This includes and not limited to all content in the
website, graphical design, text, graphics, interfaces, logos,
images, and their arrangements and compilation is protected
by Indian and International copyright laws. Any other use
including reproduction, modification, distribution, transmission,
re-publication, display, or performance of the content on
this site is strictly prohibited. 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.
4. TERMINATION
4.1 The license will
terminate automatically if you fail to comply with the terms and
conditions of usage or the limitations, which are described herein
or if the Services are terminated or expire. On termination of the
license, you must destroy all copies of the communication with or
from Sundaram Finance Group in your possession or control.
4.2 You understand
that Sundaram Finance Group may at any time, at its sole discretion
and without prior notice to you, prohibit or restrict your access
to the use of the website or related services.
5. LIMITATION
OF LIABILITY
5.1 Under no circumstances
and under no legal theory, tort, contract, Sundaram Finance Group
or its licensors shall be liable to you or any other person for
any direct, special, incidental, or consequential, punitive damages
of any character including, without limitation, damages for loss
of use, data or profits, loss of goodwill, liability for debt or
personal injury, work stoppage, computer failure or malfunction,
commission or attempt to commit any cyber crime by any third party,
delay or failure by any service provided, by any third party or
Government Organisation or Department or any and all other commercial
damages or losses, even if Sundaram Finance Group shall have been
informed of the possibility of such damages, or for any claim by
any other party.
6. RESALE
6.1 Sundaram Finance
Group is providing the services 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,
or sell or resell or exchange the information or copy, distribute,
transmit, display, perform, reproduce, publish, license the information,
content, data available in the website of Sundaram Finance Group
or create derivative works thereof.
6.2 While all efforts
have been taken in order 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.
7. AMENDMENT
7.1 Sundaram Finance
Group may, in its sole discretion, change, modify, add or remove
portions of this license at any time or discontinue whole or part
of the service. Sundaram Finance Group may notify you of any such
changes by posting notice of such changes on Sundaram Finance Group’s
website(s) or sending notice via e-mail, postal mail or other means.
Your continued use of the Service following notice of such change
shall be deemed to be your acceptance of any such modification.
If you do not agree to any such modification, you must immediately
stop using the Services.
8. CONTENT
8.1 It is agreed by the
parties that all the information given in the present website
is endeavoured to be correct as on the date of making the
present website. It is further agreed by the parties that
the website or Domain name owners or 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 or the Domain
name owners or any of the professionals or any other person
working for and on behalf of the said domain and website
and giving information legal or financial 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 the legal 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.
It may also kindly be noted that the website: www.sundaramfinance.in
and/ or the domain name, owners and/ or any of the professionals
or any other person connected with the aforesaid sites and
domain and rendering any legal information, advice, opinion
or consultancy shall not be liable in any manner, whatsoever,
in any court of law throughout the world in respect or any
information, opinion, advice or consultancy rendered on
the aforesaid websites and domains. It is also agreed that
while all efforts have been made to ensure that the information/
advice/ consultancy/ opinion, calculation of relief or liability
given to you is/ are correct and true as on the date, yet
in case there are any inaccuracies and/or discrepancies,
which may creep in them, rendering the same ineffective
or defective, then on behalf of the said website, domain
name, owners or any of the professionals or any person connected
with and giving any information/ advice/ opinion and consultancy,
calculation of relief or liability shall not be liable for
the said inaccuracies or discrepancies of the said opinion,
advice information or consultancy or calculation and that
they shall also not be liable in any manner, whatsoever,
in respect of any proceedings, law suits, claims/ damages/
remedies of any kind, whatsoever, in any court of law whatsoever,
throughout the world.
8.2 You hereby agree
that Sundaram Finance Group 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, libelous, defamatory, threatening, harassing,
abusive, hateful, false, inaccurate, misleading, profane, objectionable,
socially unacceptable information of any kind.
8.3 You hereby agree
that as a user, you will not have any claim against Sundaram Finance
Group and Sundaram Finance Group 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 Para 8.2 above.
8.4 You hereby agree
that as a user you will not have any claim against Sundaram Finance
Group and Sundaram Finance Group 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, libelous, defamatory, threatening,
harassing, abusive, hateful, false, inaccurate, misleading, profane,
objectionable, socially unacceptable information of any kind. You
further agree to report any such display in order to enable Sundaram
Finance Group to take remedial action in the form of deletion of
such message or information.
9. FREE CONSENT
9.1 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 and conditions detailed in 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 services rendered under this Agreement then the
exclusive jurisdiction to file law suits against you, being the
visitor or querist, shall be in the courts at Chennai only.
10. LINKS
10.1 You hereby agree
that any link to other world wide website or resources provided
by Sundaram Finance Group is not subject to any control over such
sites or resources by Sundaram Finance Group and therefore you agree
that Sundaram Finance Group or its employees or directors or officers
shall not be responsible or liable for any content, information,
advertising, products, or other materials on or available from such
sites or resources.
10.2 You further agree
that Sundaram Finance Group or its employees or officers or directors
shall not be responsible or liable directly or indirectly for any
damage or loss caused or alleged to be caused by or in connection
with the use of or reliance on any such content, information, goods
or services available on or through any such site or resource.
11. NO UNLAWFUL
OR PROHIBITED USE
11.1 You agree not
to use the information or services made available by Sundaram Finance
Group in any manner to
(a) impersonate any person
or entity or group or falsely state or otherwise misrepresent
an affiliation or connection with a person, entity, or
group.
(b) interfere with or
disrupt the service or servers or networks connected to
the service, or disobey any requirements, procedures,
policies or regulations of networks connected to the service;
(c) intentionally or
unintentionally violate any applicable local, state, national,
or international law;
(d) harass other www.sundaramfinance.in
users;
(e) post or transmit
any information, which contains a harmful code
(f) indulge in any cyber
crime (cyber crime 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 or (b) downloads, copies or
extracts any information or data from such system or (c)
introduces any harmful code or (d) causes any damage to
the system or network or (e) causes the non-functioning
or malfunctioning of any system or network or (f) causes
denial of access to any authorised person to the system
or network or (g) contravenes any provision of the IT
law and the rules and regulation made thereunder or (h)
tampers or manipulates any system or network with the
object of operating the account of another person or (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 or
(j) does any thing which has the effect of adversely affecting
the performance of a computer network or services).
11.2 You further agree
that Sundaram Finance Group 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 apart from
such other remedies available under law, in the event of any contravention
of the undertaking given by you in Para 11.1 above.
12. OPERATIONS
12.1 You agree that
Sundaram Finance Group, 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.
12.2 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 or information provided by
you shall be subjected to privacy policy which shall also be deemed
to be read by you on proceeding further in the website.
12.3 You agree that
Sundaram Finance Group reserves the right to determine any fees
as well as applicable taxes if any that has to be paid by you in
connection with the usage of the services provided by Sundaram Finance
Group.
12.4 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 services provided through the
website is true, accurate, current and complete.
12.5 You agree that
for your protection and for the protection of Sundaram Finance Group
and as a tool to correct misunderstandings, you understand, agree
and authorise Sundaram Finance Group at its discretion, and without
further prior notice to you, to monitor and record your electronic
communications conducted with Sundaram Finance Group directly or
indirectly.
12.6 Sundaram Finance
Group 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.
13. PASSWORD
13.1 You agree to be
the only authorised user of user’s login ID and password.
13.2 You agree to keep
the login ID and password totally confidential and you shall not
reveal the password to any third party including your employees
if any.
13.3 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.
13.4 You shall ensure
that the password is not recorded in writing or in electronic form.
13.5 You agree to immediately
change the password and notify Sundaram Finance Group of any unauthorised
use of user name and password and the date of its occurrence.
13.6 You also agree
to log off from the service at any time when you are not accessing
or using the service and in the event of any liability or loss,
which takes place on account of the failure of your part in not
logging off the service, you alone be responsible for the same.
13.7 You agree to immediately
notify Sundaram Finance Group 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 Sundaram
Finance Group in writing and on receipt of such request, the system
may generate a new password. At no point of time Sundaram Finance
Group shall be liable for any loss, notional or actual, that may
be suffered by you by the reason of any misuse or security lapse
or cyber crime in connection with the user password.
14. MISCELLANEOUS
14.1 This Agreement
represents the complete agreement concerning the subject matter
hereto. Sundaram Finance Group reserves its rights to amend this
Agreement in the manner it deems fit and the User shall not have
any right to amend this Agreement. Any amendment of this Agreement,
if done, shall not vitiate the enforceability of this Agreement.
The only right of the User is to discontinue using the website.
15. JURISDICTION
15.1 This Agreement
shall be governed only by the law prevailing in India. All disputes,
disagreements, claims, etc., shall be subject to the exclusive jurisdiction
of the courts of Chennai and the jurisdiction of all other courts,
tribunals, governments and governmental or International agencies,
situated anywhere in the world including the USA, over such disputes,
disagreements, claims, etc., is specifically and voluntarily and
consciously excluded by the parties by means of this present Agreement.
The parties to this Agreement further voluntarily and consciously,
without any undue force, pressure and coercion, unanimously agree
that in the future, on or without the behest of any party to this
Agreement or otherwise, no court, tribunal, governments, governmental
agencies or international agencies shall assume jurisdiction over
any disputes or disagreements or dissatisfaction etc of any nature
whatsoever, relating to any aspects of the services or otherwise
provided by Sundaram Finance Group. The parties to this Agreement
once again voluntarily and consciously, without any undue force,
pressure and coercion, unanimously agree that only courts within
the territorial jurisdiction of Chennai shall have the exclusive
and comprehensive jurisdiction over any matter or service relating
to Sundaram Finance Group, to the exclusion of all other existing
courts. The application of the United Nations convention of contract
for the international sale of goods is expressly excluded.
15.2 The provisions
of this Agreement shall be subject to the constitution, rules, regulations,
if any applicable, or introduced in respect of the subject matter
of this Agreement. Also, where applicable, the transactions shall
be subject to the provisions of the Information Technology Act 2000
and various relevant guidelines or regulations issued under the
Information Technology Act 2000 in this regard and as amended from
time to time, and any other guidelines or regulations or code of
conduct specified by any body or institution authorised to regulate
transaction pertaining to financial services or internet transactions
or internet protocol.
15.3 You agree to duly
comply with any law or regulation that is introduced or made applicable
to regulate Internet transaction or broadcasting services or usage
of cyber space.
16. SEVERABILITY
16.1 Any clause of
this Agreement declared invalid by the appropriate authority shall
be deemed severable and shall not affect the validity or enforceability
of this Agreement.
17. WAIVER
17.1 Except as specifically
permitted in this Agreement, no provision of this Agreement can
be, nor be deemed to be, waived, altered, modified or amended unless
so specified.
17.2 Any indulgence or concession
given to the User shall not be deemed to be a waiver of the breach
or default of the terms of this Agreement.
18. EXTRAORDINARY
EVENTS/ TECHNICAL DIFFICULTIES
18.1 You specifically
agree to hold Sundaram Finance Group harmless from any and all claims,
and also agree that Sundaram Finance Group shall not be liable for
any loss, actual or perceived, caused directly or indirectly by
government restriction, regulation, war, strike, equipment failure,
communication line failure, system failure, failure of any third
party service provided due to any strike or lock out or go slow
tactics, security failure on the Internet, commission or any attempt
to commit any cyber crime or unauthorised access, theft, or any
problem, technological or otherwise, that might prevent you from
entering Sundaram Finance Group website or that might prevent Sundaram
Finance Group from rendering services.
18.2 Where despite
best efforts taken by Sundaram Finance Group 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 third
party which results in an unauthorised message or information or
communication being made in website or through the website to you,
then Sundaram Finance Group, its employees, officers, directors
shall not be responsible or liable for loss, actual or perceived
or any 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, Sundaram Finance Group shall be entitled
to take such action as they deem fit against any such offences or
attempts to commit such offences.
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