Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the platforms, namely, https://tezemi.com/ (the “Website”), and mobile application namely “TezEMI” (the “Application”) for Android and iOS devices [hereinafter collectively referred to as the “Platform(s)”]. This electronic record is generated by a computer system and does not require any physical, electronic or digital signature.
For the purpose of these terms & conditions for use (“Terms and Conditions for Use”/ “Terms”), wherever the context so requires, “You”, “Your” and “Customer (s)” shall mean any natural or legal person who has agreed to become a service recipient on the Platform by visiting or accessing the Platform(s) of Flat White Capital Private Limited, a company incorporated under the Companies Act, 2013 having its office at A-74 Panchvati Apartment Vikas Puri New Delhi 110018, and its affiliates (“TezEMI”/ “We”/ “Us”/ “Our”).
By using and/or accessing the Platforms, You accept these Terms and enter into a binding contract with TezEMI. If You do not want to be bound by these Terms, You must not access and/or use the Platform in any manner whatsoever.
TezEMI reserves the right to alter, change, modify, add or remove portions in whole or in part of these Terms at any time. Such changes shall be effective when posted on the Platform. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.
By downloading Our mobile application from Google Play Store or Apple App Store, the Customer will also be subject to Google Play Terms of Service or Apple App Store Terms of Service, respectively. If there is any conflict between Google Play Store Terms of Service or Apple App Store Terms of Service and these Terms & Conditions for Use with respect to a Customer’s use of the android and/or iOS mobile platform application, then, these Terms & Conditions for Use shall prevail.
DEFINITIONS In these Terms, references to:
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“Customer Account” shall mean the account created by You on the Platform in accordance with these Terms.
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“Customer Account Information” shall mean the information provided by You for the purpose of creation of the Customer Account.
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“Customer Order” shall mean an order request placed by the Customer on the Platform to avail the Services.
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“Force Majeure Event” means an act of god, war, civil disturbance, strike, lockout, act of terrorism, epidemic, pandemic, flood, fire, computer crashes, virus attacks, explosion or legislation or restriction by any government or other authority, or any change in Applicable Law or any other similar circumstance beyond the control of TezEMI Bullion, which has the effect of wholly or partially suspending the obligations hereunder
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“Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
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“Platform” means the website(s), apps, tools, platforms and/or other devices of TezEMI and its affiliated companies through which the Service (defined hereinafter) is (made) available.
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“Product” shall mean (i) loan EMI
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“Services” shall include but not be limited to facilitating paying loan EMIs of various lenders under BBPS, customer care services and ancillary services thereto provided to the Customers through Platform(s)
Legal Capacity and Age of Consent: Our Services are restricted to Customers who are 18 years of age or older. We do not permit Customers under the age of 18 on Our Platform and We do not knowingly collect personal information from anyone under the age of 18. Accessibility is limited only to those who are not prohibited from entering into a contract of service of this kind by laws applicable in their competent jurisdiction. With this understanding, You specifically agree that by using the Platforms, You are at least 18 years of age and You are competent under law to enter into a legally binding and enforceable contract.
REGISTRATION AND SUSPENSION OF CUSTOMER ACCOUNT AND CUSTOMER OBLIGATIONS
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To enable Your access and use of the Services, You are obligated to register on the Platform by providing certain information which shall be verified with a one-time password sent to Your mobile number and/or e-mail address. Upon successful registration on the Platforms, the Customer(s) will be entitled to a virtual space i.e. Customer Account which shall be utilized solely to avail the Services, and is not to be utilized for any other non-permitted purposes. You shall be responsible for the correctness of information provided to TezEMI from time to time. In the event there is an error in the information furnished by You or change in the existing information, You shall immediately provide correct/updated information.
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TezEMI shall be entitled to collect and store relevant information and documents as provided by the Customer on the Platform for KYC purposes. As and when required by TezEMI, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize TezEMI to make such enquiries as may be necessary to satisfy about the validity of your identity.
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TezEMI may, at its sole discretion, suspend or terminate or block access of Customer Account and cease Your access to the Platform, with or without notice, in the following scenarios:
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if there appears to be a fraudulent or suspicious activity in his/her account or You are involved in any unlawful activity or the Customer Account is used for any unlawful purpose, and may intimate the relevant authorities of such unlawful activities; and
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We have reasonable grounds to suspect that such KYC documents and/or Customer Account Information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions of Use. You hereby undertake to indemnify and keep indemnified TezEMI against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information
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You fully acknowledge and understand that You shall be solely liable and responsible for maintaining the confidentiality of Your Customer Account and passwords, including the device on which such account is created, all the activities undertaken under Your Customer Account and any consequences therefrom. You agree to immediately notify TezEMI of any unauthorised use of the Customer Account Information or any other breach of security. TezEMI cannot and will not be liable for any loss (direct or indirect), damage, mental agony or inconvenience arising from Your failure to comply with this section.
PROHIBITED ACTIVITIES
You/ Customer agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which
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belongs to another person and to which the Customer does not have any right to;
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is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another´s privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
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is harmful to children in any way;
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infringes any patent, trademark, copyright or other proprietary rights;
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violates any law for the time being in force;
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deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
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impersonates another person;
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contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
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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;
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contains misleading information regarding the origin of the content; or
You understand and agree that TezEMI may, but is not obligated to, review the user submissions. If you are found to be in non-compliance with the laws and regulations, these Terms, or the privacy policy of the Website, We shall have the right to immediately terminate/block your access and usage of the Website and remove any non-compliant Content and or comment, or any unlawful information, which is prohibited under any law for the time being in force, uploaded by you, subject to storage post removal as required under applicable laws, and shall further have the right to take recourse to such remedies as would be available to TezEMI under the applicable laws.
USE OF THE PLATFORM AND SERVICES
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You acknowledge that the Services are for Your personal use only and agree not to sell, publish, trade, resell or exploit for any commercial purposes, any portion of the Services or Product purchased via the Platform. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property rights obtained while availing the Services.
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To use the Services on the Platform, the Customer agrees to:
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not breach or circumvent any laws, third-party rights or Our systems, policies, or determinations of Your account status;
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not use the Platform for committing any criminal offence or any unlawful activity for any fraudulent purposes or illegal purposes;
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not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to modify or interfere with Our Platform or access the Platform or other third-party information for any purpose;
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not use the Platform for harassing any person or third party, or for making any defamatory, obscene, indecent remarks
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TezEMI may discontinue some or all of the Services, including certain features and the support for certain devices and Platforms, at any time.
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You acknowledge that any data including but not limited to the pricing of the Products and typographical errors may occur or maybe inaccurately displayed on the Platform. Therefore, in the event that Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, then We have the right to correct it without any prior notice- this may cause changes in price of the Products. Further, We reserve the right, at our sole discretion, to refuse or cancel or reject any orders placed for the Products.
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The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. TezEMI strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages beyond the control of TezEMI. Therefore, TezEMI shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond TezEMI’s control or anticipation.
CUSTOMER CARE AND GRIEVANCE REDRESSAL
If you have any questions, comments, requests or require any support or assistance, You may reach out to our Customer support team at:
Email: hello@tezemi.com
In the event You have any complaints regarding these Terms or the services, You may address the same as follows:
Level: 1 Grievance Officer
Any complaints, abuse or concerns with regards to the use, processing and disclosure of Information provided by you or breach of these terms or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:
Name of Grievance Officer: Ashish Bothra
Designation: Head of Operations
Email id: support@tezemi.com
Address: Plot 270, Udtog Vihar 2, Gurgaon, Haryana 122016
Level: 2 Nodal Officer
If your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer as mentioned below:
Name of Nodal Officer: Ashish Bothra
Email id: support@tezemi.com
Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
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A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
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Identification of the copyrighted work claimed to have been infringed.
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Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
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The address, telephone number or e-mail address of the complaining party.
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The Platform may allow You to post Your review, comments, suggestions and experience of using the Platform and the Services (“Feedback“) in order to improve the Platform and the user experience.
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The Feedbacks shall be deemed to be non-confidential and non-compensatory in nature. TezEMI reserves the right, at its sole discretion to use such information in any manner as deemed appropriate by TezEMI and such use shall be entirely unrestricted.
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You further represent and warrant that while posting any Feedback on the Platform, You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic and that all such Feedback will be in accordance with applicable law(s).
INTELLECTUAL PROPERTY RIGHTS (IPR) RESTRICTION
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TezEMI solely and exclusively owns respectively any and all the trademarks, copyrights, service marks, logos, brands and service marks and other intellectual and proprietary rights associated with the Services and displayed on/accessed on the Platform. Use of the Platform is, and at all times, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. You shall ensure that any intellectual property pertaining to the Services and the Platform is not infringed, passed off, diluted, reverse-engineered, hacked into, misappropriated, tampered with and shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform through Your device.
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The Platform and any underlying technology or software used in connection with the Platform may contain rights of TezEMI or Our affiliates or any third-party connected thereto. For use of any third-party’s intellectual property, the Customer may need to get permission directly from such third-party owner of that intellectual property and the owners have a right to take appropriate actions against the Customer for any violation, infringement or passing off.
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You undertake to not reproduce, copy, modify or adapt, communicate, publish, reveal, supply, distribute or commercially exploit any intellectual property under these Terms.
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The Customer confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform.
INDEMNIFICATION
You hereby agree to indemnify and keep TezEMI and/or its directors, affiliates, employees, agents workers or representative indemnified from and against all liabilities, actions, claims, demands, proceedings, losses, damages, costs, charges and expenses including reasonable attorney’s fees, directly or indirectly, whatsoever which TezEMI may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform by the Customer; (ii) by reason of TezEMI acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms relating to the Customer Account; (iv) fraud or dishonesty relating to any transaction by the Customer; and/or (v) in respect of any third party claims that may be initiated including for infringement of third party intellectual property rights.
LIMITATION OF LIABILITY
Notwithstanding anything otherwise contained in these Terms, in no event will TezEMI and their affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if TezEMI have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, TezEMI Bullion’s aggregate liability and that of their affiliates, officers, employees, agents, suppliers and licensors, however arising in connection with the Services, or in connection with the performance or contemplated performance of this Agreement exceed total amount paid by You, if any, for access to that particular Products or Services.
DISCLAIMER OF WARRANTIES
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ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY TEZEMI ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TEZEMI EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
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TEZEMI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY YOU FOR USE OF THE PLATFORM. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK.
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GENERAL OBLIGATIONS
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These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
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You shall be responsible for payment of all fees/costs/charges associated with availing of Services from Us and You agree to bear any and all applicable taxes including but not limited to GST, duties, cess etc.
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The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties
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If any part of these Terms is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms shall continue in full force.
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Disclaimer of warranties, Confidentiality, Limitation of liability, Governing law provisions, Indemnity. Intellectual Property Rights shall survive any termination of these Terms.
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Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. To clarify, if a User breaches any of these conditions and We do not initiate any action against the same, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
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TezEMI shall not be liable for any failure or delay in performance of any obligation, under this Agreement, to the extent such failure or delay is due to a Force Majeure Event. Such non-performance by TezEMI shall, in no manner whosoever, amount to a breach of its obligations herein.
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Customer Consent
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You consent to receive SMS messages (including text messages), WhatsApp messages (including text messages), calls and messages (including pre-recorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with information or questions about your application, loan and/or account. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
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