Terms and Conditions
- INTRODUCTION AND DEFINITIONS
This web portal and APP are merely a platform to facilitate for B2B and B2C services, providing a platform for interested parties to formalize their terms of contract/ Deeds/ Documents as well as other ancillary services. The Website and App are owned and operated by Petit Moyen Kapital Private Limited (“we/us/our”). We have been incorporated under the Companies Act, 2013 under CIN U65990HR2017PTC067310having its registered office at D 1/22, DLF PHASE I, GURGAON, Gurugram, Haryana, India, 122001.
In these Terms, references to “User”, “you”, “subscriber” shall mean the end user accessing the Website. IOUX.in and IOUX Web or Mobile Application (“App”) together referred to as “Website”, its contents and using the Services offered through the IOUX Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Petit Moyen Kapital Private Limited, its franchisor, affiliates and partners.
- SERVICES OFFERED
That Petit Moyen Kapital Private Limited has developed a technology platform, and built a software application that integrates eSign API as per the eSign API Specifications issued by the Controller Certifying Authorities. The users can use IOUX to upload documents in PDF format and apply electronic signature by authenticating themselves through OTP using Aadhaar Services. The Users can also use the services of the website and the draft templates of various agreements, deeds, contracts and thus execute the said Agreements, deeds, contracts, within the Website. IOUX further provides services for the calculation of stamp duty, application and delivery of stamp duty and further assuring performance of contracts through dispute resolution mechanism as has been provided by the website. The users in consideration of the Payment made by them to the Website or APP and subject to the terms and conditions, may have access to and use the services of the website on a non-exclusive, non-assignable and non-transferable basis. That the users agree to be bound by the terms and conditions for the use of the website and eSign facility.
- USER CONSENT AND OBLIGATIONS
By using any of our services, you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use our services. If you do not want to be bound by the Terms, you must not access, subscribe to or use our services.
Further You are bound to follow the following obligations as are espoused upon your use of the website and App:
- You shall not violate the T&Cs;
- You shall not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any other person or organisation;
- You shall not post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- You shall not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to IOUX;
- You shall not remove, circumvent, disable, damage or otherwise interfere with security-related features of the IOUX Services and the IOUX Platform or features that enforce limitations on the use of the IOUX Services or the IOUX Platform;
- You shall not intentionally interfere with or damage operation of the IOUX Services or the IOUX Platform or any other user’s access/ enjoyment of it, by any means, including but not limited to, uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- You shall not interfere or disrupt the IOUX Platform or networks connected to the IOUX Platform;
- You shall not take any action that imposes an unreasonably or disproportionately large load on IOUX’s infrastructure/network;
- You shall not forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the IOUX Platform or to manipulate Your presence on the IOUX Platform;
- You shall not sell/ misuse/misrepresent the IOUX Services, information, or software associated with or derived from it;
- You shall not use the facilities and capabilities of the IOUX Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- You shall not breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs.
- You shall not provide false, inaccurate or misleading information;
- You shall not use the IOUX Platform to collect or obtain personal information, including without limitation, financial information, about other users of the IOUX Platform, except and only as expressly provided in the T&Cs;
- You shall not avail IOUX Services with what IOUX reasonably believes to be potentially fraudulent funds or to defraud other clients of IOUX and enter into contracts with them to defraud either IOUX or its other clients;
- You shall not use the IOUX Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to IOUX, a third party or You;
- You shall not use the IOUX Services in a manner that IOUX or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
- You shall not take any action that may cause IOUX to lose any of the IOUX Services from its service providers or lose any of its business partners;
- CHANGES IN TERMS AND CONDITIONS
We reserve the right to modify/revise these terms at any time. Please re-visit the page “Terms and Conditions of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent as well as acceding to the terms of use as modified. For this reason you are advised to revisit these terms each time you access and use the website and App. You also give an unconditional acceptance that in case there is any conflict or disagreement between these terms and your understanding of the terms/ inability to stay abreast with the change in terms, the terms of use as prevalent shall prevail as would be subsisting at the relevant time.
- ELIGIBILITY
The IOUX Services are not available to persons under the age of 18 or to anyone previously suspended or removed by IOUX from availing the IOUX Services or accessing the IOUX Platform. By accepting the T&Cs or by otherwise using the IOUX Services on the IOUX Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by IOUX, or disqualified for any other reason, from availing the IOUX Services or using the IOUX Platform. In addition, you represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age, authority or affiliation with any person or entity, you may represent. Finally, in the event of any violation of the T&Cs, IOUX reserves the right to suspend or permanently prevent You from availing IOUX Services or using the IOUX Platform. IOUX also reserves the universal right to deny access to users to any/all of its services/content without any prior notice/explanation in order to protect the interests of IOUX and/or other visitors to the web site.
You also expressly, without any exception represent, undertake and affirm that you, the user of the Website and its services/ IOUX platform have the ability/ duly authorised having due and valid authority, which has not been revoked, to enter agreements either for self or for the entity entering into the agreement either with the Website/ IOUX Platform or with any third party during the usage of the Website.
- BREACH OF TERMS AND TERMINATION OF SERVICES
IOUX withholds the right to temporary or permanent cancellation of membership of any user for any of the following reasons:
- If it concludes that the user(s) have provided any false information in connection with the member account to IOUX, or are engaged in fraudulent or illegal activities.
- The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
- Utilize web site to send spam messages or repeatedly publish the same product information.
- Post any contract/ material to members that is not related to business trade or business cooperation.
- Impersonate or unlawfully use another person or companies name to post information or conduct business of any form
- Any unauthorized access, use, modification, or control of the web site data base, network or related services.
- Obtain by any means web site member's user name and/or password.
If IOUX terminates user(s) membership, user(s) will not have the right to re-enroll or join IOUX under a new account or name unless formally invited to do so. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the website be liable to the user(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
- UIDAI RELATED DECLARATIONS
[I/we] holder of the Aadhaar number stated herein, hereby voluntary give my/our consent to Website to obtain and use my/our Aadhaar number/Name and Fingerprints/Iris and my/our Aadhar details to authenticate me/us with unique identification Authority of India (UIDAI) as per Aadhaar Act,2016 and all other applicable laws ('Aadhar Details'). [I/we] understand that furnishing of Aadhaar Details is mandatory for the processing of my account, esign, use of Website, financial and related services. Website has informed me/us that my/our Aadhaar details and identity information would only be used for demographic authentication, validation, e-KYC purpose and OTP authentication for availing services from Website. IOUX does not store the AADHAR number / details of the person. A record of the search may be retained as per applicable laws for usage by Website for KYC verification or Aadhar based authentication or for enforcement /compliance of Website rights and obligations under applicable laws. [I/we] shall not hold Website [or Petit Moyen Kapital Pvt Ltd./any of its group/ related entities/or its their agents/ representatives/ service provider] liable for the use/ sharing of the information and details for any purpose mentioned herein in accordance with applicable laws. [I/we] hereby give my expressed and unequivocal consent to Website to retrieve/ procure such data/ details from UIDAI for the purposes of verifying my/our data/details/identity. I hereby further authorize Website and its service providers to do so. Website and/or the service provider may check the details that [I/we] have supplied against any particulars to UIDAI. [I/we] hereby state that [I/we] have no objection in authenticating my/our details with Aadhar based authentication system and hereby consent to and authorize Website to retrieve my/our personal details from UIDAI for Aadhar based authentication for the purpose of generation of e-Sign, for registration of e-mandate and for validating my consent to the terms and conditions of the definitive agreements for the services of Website. Website has also informed that my/our biometric details will not be stored /shared and will be submitted to Central Identities Data Repository (CIDR) only for the purpose of authentication.[I/we] also authorize Website to link and authenticate my/our Aadhar no. to all its services of Website as may be opened in the future in addition to the those mentioned herein. [I/we] declare that the details submitted by me/us in the Aadhaar letter are accurate, current and complete. [I/we] will not hold Website and any of its officials responsible in case of any incorrect information provided by me/us.[I/we] understand that Website and the service providers shall ensure security, protection, confidentiality and access of my/our personal data provided for the purpose of Aadhaar based authentication / KYC verification and other services as mentioned above in accordance with applicable laws.[I/we] agree that the information shared under this declaration shall be retained/ stored/ transmitted/ furnished by Website as per applicable laws. [I/We] understand that [I/we] can revoke the authorization / consent provided herein (for storing/sharing) to Website prior to the availing of services by me/us from Website by following the processes prescribed on its website. By signing/ accepting this Letter of Declaration, [I/We] [am/are] deemed to have accepted, read, understood and agreed to be bound by the terms (including amendments thereof) governing the usage of the website. In this regard, [I/we] represent and warrant that the declarations made above by [me/us] have been made in [my/our] true and lawful capacity and further recognize that the Website will rely on the correctness and accuracy of the declarations made by [me/us] in this declaration. [I/We] acknowledge that any inaccuracies or falsehoods in the declarations made by [me/us] and/or information provided by [me/us] shall give an unconditional right to IOUX, at any point in time, to cancel usage of website and exercise all rights available to IOUX against [me/us] under applicable law.
- LIABILITY OF PARTIES TO AGREEMENT
The user further agree, that the Website has no liabilities qua the parties to the Agreement/ Contract and the parties are entering into the said Contract/ Agreement as have been detailed herein of their own consent, free mind without any pressure/ coercion or duress from anyone. The user has entered into/ executed the contract/ Deed/ Document knowing the implications of entering into the contract and further being bound by the terms of the contract/ Deed/ Document. The Contract/ Deed/ Agreement/ Document as provided by the Website are draft templates with permissions for customization as per the requirement of the user, the drafts are mere drafts and do not constitute legal advice/ boundation of the website with regard to the truthfulness/ correctness of the information entered and the confirmation by the website that the parties to the agreement shall comply with the terms of the agreement. The Website in no manner has any role in the contract and shall not be liable for any default of any party to the contract prior to, during or after the term of the contract. Any statement/ assurance as provided by the website is merely for informative purposes. IOUX does not in any way guarantee/ warranty/ assure the contracting parties of compliance to terms of agreement/ payments.
- LIABILITY FOR FRAMING OF AGREEMENT
The Website has only provided drafts of Agreements/ deeds/ Contracts/ Documents of various nature and has made the drafts so that the same can be modified by each party after assessing their own requirement and as per their needs. The Website shall not be held liable for any omission/ shortcoming in the Contract/ deed as may be entered into between the parties and shall not be liable for the final Agreement/ milestone/ Contract as may be framed by the parties. The parties to the contract are modulating the agreement off their own will and are bound by the terms of the Agreement.
- e-SIGN AUTHORISATION AND LIABILITY
The User by agreeing to the terms and Conditions agrees that that Website may use the e-Sign as has been uploaded on the Website for affixing the same on the documents as required by the User and shall not hold the Website/ IOUX Platform responsible for the usage of the e-Sign. The User knows that e-Sign shall only be used after having received the authentication from the user and only after the OTP as may be generated as per AADHAR guidelines and hence the Website having no role to use the e-Sign off their own. The User is aware that the Website is using NSDL-Egov portal for e-Sign facility and is satisfied with the compliance and shall not hold the Website liable for any shortcoming thereof. The User shall not hold the Website responsible in case due to loss of phone/ OTP the e-Sign are misused, it is the sole responsibility of the User to ensure that such a loss is immediately reported to the Website.
- USER CONSENT AND DISCLAIMER
The User by using the website and agreeing to the terms and conditions, unequivocally and without any exception provides consent to IOUX for the following
- a) Users gives an unconditional, unequivocal consent and undertakes not to hold IOUX or Petit Moyen Kapital Private Limited or its service providers responsible for any loss to any person caused by any shortcoming, discrepancy or inaccuracy in the information regarding stamp duty. Any discrepancy found in this regard may be brought to the notice of IOUX Support and IOUX Support will try to assist the user in procuring any new or additional stamp paper strictly at the risk and cost of the user. Users therefore are required to refer the relevant Stamp Act/ Rules of the concerned State/ Union Territory Government for the authentic version on their own. Along with the above double confirm all parameters for stamp paper i.e. names of parties, amount of stamp duty in stamp papers, relevant place, document type or any other detail relevant before they provide their consent for purchase of any stamp paper since it will not be possible to amend nor replace the stamp paper nor refund any part of the stamp paper duty amount or its cost of procurement which are always to be borne by the user only. By clicking on I agree, the user confirms knowledge and acceptance of the above and agrees to bear entire responsibility for the purchase and usage of stamp paper as per details confirmed by the user.
- b) User gives an unconditional, unequivocal consent that the draft agreement as is sent by the User to the Counter Party or any other person for finalization shall be the sole responsibility of the User and IOUX shall in no way be responsible for any liability arising from such action thereof.By clicking on I agree, the user confirms knowledge and acceptance of the above and agrees to bear entire responsibility for same.
- c) The User gives an unconditional, unequivocal consent that the Final draft as finalised by the User and the counter party is by and between themselves and IOUX or its partners shall in no manner be held responsible for any shortcoming in the agreement. By clicking on I agree, the user confirms knowledge and acceptance of the above and agrees to bear entire responsibility for same.
- INDEMNITY AND LIMITED LIABILITY
You agree to indemnify, save, and hold Website, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Website Services or of the IOUX Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Website reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Website, including rights to settle, and You agree to cooperate with Website’s defense and settlement of these claims. Website will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
You understand and agree that Website is only a platform which facilitates parties to initiate agreements, Sign documents, finalise terms of contracts, provide services relating to execution of the contract. That you further acknowledge that Website is not a party to the document/ agreement between you and the co-contracting party or any other party as witness or confirmatory. Upon signing, only you and the other party/parties if any are legally required to honour the agreement/ contract/ deed/ document. You agree that Website shall not be held liable or responsible to ensure communication/ enforceability, or non-performance of obligations by either party under the terms of agreement and breaches by any of the parties. To the fullest extent permitted by applicable law, in no event shall Website be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
- use of the site;
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
- any unauthorized access to or use of our servers and/ora ny and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from our servers,
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party,
- any loss of your data or content from the site
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the site, whether based on warranty, contract, or any other legal theory, and whether or not the you are advised of the possibility of such damages, and/or
- the disclosure of information pursuant to these Terms & Conditions or Privacy statement.
- INTELLECTUAL PROPERTY RIGHT
When you visit our Website, we give you a limited license to access and use our information for personal use. You are permitted to download the information available on the Website to any instrument for your use only provided it does not include the right to copy or reproduce the information of our Website on any other platform or medium, without our prior written permission. You shall not use our information for any other purpose other than for the aforesaid. You agree that any use of the proprietary information displayed on the Website shall infringe our intellectual property rights for which you shall indemnify us. We have copyright on all the contents displayed on the Website including graphics, logo, and software that is either owned or licensed to us other than any third party contents which are specifically identified as such. Any infringement of our intellectual property rights shall be governed by the applicable law in India. Except where otherwise specified, any word, logo or device to which is attached the symbols ™ or ® shall be considered as a registered trademark that is either owned by us or which we have license to use. The right to use the Website does not give a license to use those trademarks in any way. The Contracts and Draft Agreements/ Services being provided on the Website are the proprietary information of the Website and you are not permitted to copy or recreate the same, except with the express written consent of the Website. You shall be solely liable in case it is found that the content of the Website has been copied by you in any manner whatsoever.
- PRIVACY OF USER INFORMATION, PASSWORDS AND DETAILS PROVIDED TO SITE
We collect and generate various data points about you. Data by which you are identified is termed as “Personal Data”. Personal Data does not include any information that is freely available or accessible in public domain.
Your Privacy is of utmost importance to us and protection of your Personal Data is a key commitment for us.
- Personal Data
Personal Data we may collect from you are as under:- Personal details (e.g. name, contact details, residential address, date of birth, documents such as identity card / passport details / Aadhaar details / PAN / Voter ID / driving license, and/or education details) needed to avail other services from us.
- Your bank account details including transaction history, balances, payment details, for effecting transfer of monies through various payment channels provided by us.
- financial details (e.g. income, expenses, and/or credit history) needed as part of application request for some of our services;
- images of documents/ photos required to open and maintain account with us and/or avail our services from us.
- voice recordings of our conversations with our customer care agent with you to address your queries/grievances;
- employment details (e.g. occupation, positions held, employment history, salary and/or benefits) as part of our record retention for Central KYC Records Registry (CKYCR) purposes under Prevention of Money Laundering (Maintenance of Records) Rules, 2005
- opinions provided by you to us by way of feedback or responses to surveys;
- information obtained from your mobile device by way of using our app like device location, communication information including contacts and call logs, device information (including storage, model, mobile network), transactional and promotional SMS/app notifications.
- Storage of Personal Data
We store and process your Personal Data only in India, in accordance with the governing laws of India. Our data center and systems also maintain backup and disaster recovery systems in India. Further the data as stored is not for public view and is in no manner shared or disseminated to other parties without your consent. - Sharing of your Personal Data
Any Personal Data that we have access to shall never be disseminated without your consent to anyone else besides our partners, lenders, merchants, contractors, service providers and other third-parties and persons who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
In various processes / submission of applications/ availment of product offerings, we even seek your explicit consent to us / share your Personal Data.
In our business and operational processes, we only share the data on a partial and “need-to-know” basis to designated personnel or partners or service providers.
We will share your data with competent/ legal/statutory/regulatory agencies / authorities or partners/service providers acting on our behalf (as the case may be) in following cases:
only for enabling the provision of the services availed by you, strictly on a “need to know” basis and subject to applicable laws. it is directed or required by legal/regulatory / statutory / governmental authorities under applicable laws/regulations though a legally obligated request. it is required by banks/financial institutions to verify, mitigate or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations.
- Usage of Your Personal Data
We use your Personal Data in our business/banking activities for providing our or our partners’ products/services and to perform and to connect you with the lenders/ merchants/service providers/ other third parties, among other actions, the following:
to undertake research and analytics for offering or improving our services and their security and service quality; to check and process your requests and applications submitted to us for Website services and/or instructions or requests received from you in respect of these services; to share with you, updates on changes to the Website services and their terms and conditions; to take up or investigate any complaints/claims/disputes; to respond to your queries or feedback submitted by you; to verify your identity for us to provide Website services to you; to carry credit checks, screenings or due diligence checks as lawfully required by us; to monitor and review services from time to time; to undertake financial/regulatory/management reporting, and create and maintain various risk management models; for conducting audits and for record keeping purposes; for selective offers and promotions. We also use your Personal Data to fulfill the requirements of applicable laws/regulations and/or court orders/regulatory directives received by us.
- PASSWORD Protection
We do not disclose to any personnel your Password and the said Password is known only to you and you shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of your account. In case the Password is lost or misplaced, You shall promptly inform Website where after, you shall use the forgot password option and the existing Password will be barred and you can generate a new Password after necessary validation.
- Personal Data
- TRANSFER OF TITLE/ LIMITED USER
The User agrees, understands, and undertakes, that the user only has limited usage rights as have vested upon him by becoming a user of the Website and no title over the Website its contents have been transferred or vest upon him. The User further undertakes not to reverse, engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website are permitted provided that the Website name is stated as the source and prior written permission of Website is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the consent of the Website is not permitted.
- WAIVER
Any failure or delay by a party to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
- ASSIGNMENT
You cannot assign or otherwise transfer the agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. M/s Petit Moyen Kapital Pvt Ltd’s rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by the Owner to any third parties without the requirement of seeking your prior consent. The Owner may inform you of such assignment or transfer in accordance with the notice requirements under the agreement. The Owner shall have right to transfer your Account and Account Information to a third party who purchases M/s Petit Moyen Kapital Pvt Ltd’s business as conducted under the Website. Website may sub-contract and employ agents to carry out any of its obligations hereunder. Website may, at its sole discretion, transfer or assign its rights and obligations stated herein, without providing any notice to the Customers, or to any third parties.
- THIRD PARTY CONTENT AND LIABILITY
You may be able to access and view third party websites through this Website. The links are provided for your convenience only and may not be updated at all times. We do not endorse, review, control or examine third party websites and we are not responsible for any content posted on such third party websites. You understand that the inclusion of links on the Website is not intended as an endorsement or recommendation of any linked website or content of such website. You agree that your access to any third party website is governed by the terms of use of that website and has no relation to the Terms of Use of the Website. You agree and understand that it is your responsibility to comply with the terms and conditions of that website as well. We further apprise you that any damage/ loss caused to you by visiting such Third Party Websites, shall in no way be fastened upon the Website and the website shall not be held responsible for any acts of such third party websites.
- PAYMENT AND REFUND POLICY
- You, as a user, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Website to purchase the products/ services using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller/ Website using Payment Facility.
- You represent and warrant that if you are utilizing services of payment:-
Payment by Cheque
Payment by Net Banking/ Debit Card
Payment by Credit Card
Payment through Payment Gateways
Payment through e-wallet - You warrant that in case you are making the payment by Credit Card any credit information you supply is true and complete; (ii) charges incurred by you will be honoured by your credit card company; and
- Website reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with Website or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Website may do such checks as it deems fit before approving the receipt of/users commitment to pay Transaction Price from the user for security or other reasons at the discretion of Website. Asa result of such check, if Website is not satisfied with the creditability of the user or genuineness of the Transaction /Transaction Price, it will have the right to reject the receipt of /Buyers commitment to pay Transaction Price.
- All Valid Credit/ Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility of Website are also governed by the terms and conditions as agreed to between the user and his bank.
- Website reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site, which is currently available free of cost, anytime in future.
- Website does not entertain any request or demand for refund fees paid towards a subscription or for the services. The fees paid towards the subscription shall not be refunded unless such claim arises due the breach in any terms of services by Website.
- NOTICE
You agree that the Website, may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail/ SMS/ WhatsApp to the e-mail address/ Telephone number you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
- WARRANTY
To the fullest extent permissible pursuant to applicable law, the Website disclaims all warranties or guarantees – whether statutory, express, or implied – including, but not limited to, implied warranties of services, products, payments, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Petit Moyen Kapital Pvt Ltd. or through the Website Services or the IOUX Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Website” includes Website’s officers, directors, employees. You acknowledge that Website is a facilitator for B2B and B2C services, providing a platform for interested parties to formalize their terms of contract/ Deeds/ Documents as well as other ancillary services and is not liable for any third-party obligations due to Proforma Contracts, Stamp Duty rates, quality and all other instances, whether to any such contracts entered into between the clients/ their stamp duty calculation as advised to subscribers or otherwise. Please note that IOUX does not give any legal advice, consultation, accounting or auditing services. It is neither a Law Firm nor a Chartered Accountancy or Company Secretary Firm. The services provided by IOUX can in no event be construed to be or taken be a substitute or alternative for Legal Advice. IOUX is a website which provides basic Legal Services and forms in the form of Legal Articles, News and Legal Drafts. The users of the Website acknowledge and recognize that nothing in the website constitutes legal advice. IOUX does provide informational and educational content on its Website. However, due to changing laws and amendments in the law, we would be unable to guarantee the accuracy or correctness of content provided therein. Please be aware that due to the difference in laws across jurisdictions, we do not assure the accuracy and applicability of any legal documents, or other services, in other jurisdictions. Please contact your Lawyer or Chartered Accountant for the same. The use of the website does not, in any way, create an Attorney-Client Relationship as between IOUX, it’s employee and any customer. You expressly agree that use of the Website Services on the IOUX Platform is at Your sole risk and responsibility. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, options, advice, services, messages, merchandise and other information provided through the site or on the Internet generally. Website does not warrant that the Website Services will be uninterrupted or error-free or that defects in the site will be corrected at the earliest. The Website Services and the IOUX Platform and any data, Draft agreement, Contracts, Deeds, Document, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Website, and its partners do not warrant that the data, Website software, functions, or any other information offered on or through the Website Services/IOUX Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected at the earliest. Website and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Website Services/IOUX Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Website Services/IOUX Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss incurred in contract or loss of data that results from the download or use of such material or data, or insufficiency in stamping, any other shortcoming arising due to the advise as given by the website IOUX Platform. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Website be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, losses incurred in contracts entered in the website, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use or due to the services rendered by or the lack thereof by the IOUX Platform.
- FORCE MAJEURE
IOUX shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of IOUX to perform any of its obligations under these Terms, or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues. "Force Majeure Event" means any event due to any cause beyond the reasonable control of IOUX, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, Pandemic, Lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
- GOVERNING LAW
Subject to the Dispute Resolution section below, you agree that any claim or dispute You may have against IOUX must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
- DISPUTE RESOLUTION
If any dispute, difference, controversy, proceedings, or claim of whatever nature arises at any time under, out of, in connection with or in relation to this Agreement (or the subject matter of this Agreement) including, without limitation, any dispute, difference, controversy, proceedings, or claim relating to the validity, interpretation, construction, performance and enforcement of any provision of this Agreement or the breach, termination or invalidity thereof (“Dispute”), either Party may issue a written notice to the other at the address set forth in this Agreement (“Notice of Dispute”). Immediately thereafter, the Parties will attempt to settle the Dispute set forth in the Notice of Dispute amicably.
If the Dispute set forth in the Notice of Dispute is not resolved by the process set forth herein above within thirty (30) days of the issuance of the Notice of Dispute or within such further period as the Parties may agree in writing, the Dispute shall be finally, exclusively and conclusively settled by reference to binding arbitration under the (Indian) Arbitration and Conciliation Act, 1996 as in force at the time of the Dispute. When any Dispute is under arbitration, except for the matters under Dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement.
It is agreed between both the parties to the Agreement that:
- The place as well as seat of the arbitration proceedings shall be Delhi.
- Based upon the value of the Dispute, the Arbitration shall be presided over by either 1 Arbitrator from IOUX panel of Arbitrators or 3 arbitrators, wherein one Arbitrator each shall be chosen by the opposing parties and the two arbitrators thereafter shall choose a third Arbitrator who shall be the Chairperson of the Arbitration proceedings.
- It shall be incumbent upon the Arbitrators at the point of appointment, to provide an Affidavit stating their impartiality, fairness and no personal involvement/ interest with either party, in conducting the proceedings, as is mandatory as per the section 12 of the Arbitration and Conciliation Act, 1996. No party shall challenge the appointment of the Arbitrator based solely upon conjecture and shall have definitive proof of its apprehensions qua appointment of an Arbitrator.
- It is further agreed that where expert opinion is required, either an Expert shall be appointed as an Arbitrator or the opinion of an expert shall be sought off, during the Arbitration so as to enable the Ld. Arbitrator to arrive at a judicious outcome.
- The Parties agree to be bound by (i) any arbitral award or order resulting from any arbitration conducted hereunder; and (ii) any judgement/ any arbitral award or order in an arbitration held pursuant to this Article may be entered in any court at Delhi having jurisdiction in relation thereto.
- All proceedings in any such arbitration shall be conducted in English.
- The proceedings as shall be conducted, shall as far as may be possible be completed within a period of 3 months, with a specific time schedule being fixed on the first date of the Arbitration setting out the time for completing of Pleadings, Leading of Evidence(if required) and thereafter addressing of arguments by either party. The Arbitrator/s shall decide the procedure to be followed while conducting the Arbitration proceedings and shall follow the principles of natural justice, irrespective of the procedure followed.
- The award rendered by the Arbitral Tribunal shall be in writing and shall set out the reasons for their decision and shall be the final decision of the dispute, thereby deciding the substantive rights of the parties qua the dispute. The award shall allocate or apportion the costs of the arbitration as the Arbitral Tribunal deems fair. The Parties agree that the arbitration award shall be final and binding on the Parties.
- The Award so rendered shall be enforceable by filing execution before the appropriate court of law.
- PROCEDURE AND TERMS OF ALTERNATIVE DISPUTES REDRESSAL MECHANISM (ADRM):
By agreeing to the terms and conditions, the user agrees that wherever all parties to the agreement (where the user is a party) have accepted IOUX based Alternative Disputes Redressal Mechanism (ADRM) that the users are bound by the terms of this clause. The User further appoints IOUX, as the facilitator for facilitating and regulating the Procedure and Terms of Alternative Disputes Redressal Mechanism (ADRM). The User shall be bound by the terms of the Arbitration Agreement as mentioned hereinbelow:
Arbitration Agreement: If any dispute, difference, controversy, proceedings, or claim of whatever nature arises at any time between the co-contracting parties to a contract entered into on the website, under, out of, in connection with or in relation to the Agreement/ Contract as entered into on the website (or the subject matter of this Agreement) including, without limitation, any dispute, difference, controversy, proceedings, or claim relating to the validity, interpretation, construction, performance and enforcement of any provision of this Agreement or the breach, termination or invalidity thereof (“Dispute”), either Party may issue a written notice to the other at the address set forth in this Agreement (“Notice of Dispute”), the said Notice shall also be forwarded to the Website thereby intimating the Website the factum of Dispute having arisen. Immediately thereafter, the Parties will attempt to settle the Dispute set forth in the Notice of Dispute amicably or with the help of the Website, who shall facilitate resolution of the Dispute.
If the Dispute set forth in the Notice of Dispute is not resolved by the process set forth herein above within thirty (30) days of the issuance of the Notice of Dispute or within such further period as the Parties may agree in writing, the Dispute shall be finally, exclusively and conclusively settled by reference to binding arbitration under the (Indian) Arbitration and Conciliation Act, 1996 as amended in 2015 and 2019 and the rules made there under as in force at the time of the Dispute. The Parties shall then approach the Website, who shall initiate the Arbitration process. When any Dispute is under arbitration, except for the matters under Dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement.
It is agreed between both the parties to the Agreement that:
- Website shall be the facilitator to ensure smooth functioning of the Arbitration proceedings.
- The place as well as seat of the arbitration proceedings shall be Delhi.
- Based upon the value of the Dispute, the Website shall decide whether the Arbitration shall be presided over by either 1 Arbitrator appointed by facilitator from its panel of Arbitrators or 3 arbitrators, wherein one Arbitrator each shall be chosen by the opposing parties from panel of Arbitrators of the Facilitator and the two arbitrators thereafter shall choose a third Arbitrator who shall be the Chairperson of the Arbitration proceedings.
- It shall be incumbent upon the Arbitrators at the point of appointment, to provide an Affidavit stating their impartiality, fairness and no personal involvement/ interest with either party, in conducting the proceedings, as is mandatory as per the section 12 of the Arbitration and Conciliation Act, 1996. No party shall challenge the appointment of the Arbitrator based solely upon conjecture and shall have definitive proof of its apprehensions qua appointment of an Arbitrator. The said proof shall be furnished to the facilitator, who after receipt of the same shall decide as to the validity of the proofs and if found valid, shall go on to change the Arbitrator.
- It is further agreed that where expert opinion is required, either an Expert shall be appointed as an Arbitrator or the opinion of an expert shall be sought off, during the Arbitration so as to enable the Ld. Arbitrator to arrive at a judicious outcome. The fees of the expert shall be decided by the Arbitrator.
- The Parties agree to be bound by (i) any arbitral award or order resulting from any arbitration conducted hereunder; and (ii) any judgement/ any arbitral award or order in an arbitration held pursuant to this Article may be entered in any court at Delhi having jurisdiction in relation thereto.
- All proceedings in any such arbitration shall be conducted in English.
- The proceedings as shall be conducted, shall as far as may be possible be completed within a period of 3 months, with a specific time schedule being fixed on the first date of the Arbitration setting out the time for completing of Pleadings, Leading of Evidence(if required) and thereafter addressing of arguments by either party. The Arbitrator/s shall decide the procedure to be followed while conducting the Arbitration proceedings and shall follow the principles of natural justice, irrespective of the procedure followed.
- The award rendered by the Arbitral Tribunal shall be in writing and shall set out the reasons for their decision and shall be the final decision of the dispute, thereby deciding the substantive rights of the parties qua the dispute. The award shall allocate or apportion the costs of the arbitration as the Arbitral Tribunal deems fair. The Parties agree that the arbitration award shall be final and binding on the Parties.
- The Award so rendered shall be enforceable by filing execution before the appropriate court of law.
- USER CONSENT TO FINANCIAL SERVICES
The User in furtherance of the above Terms and Conditions and for availing the Financial Services as are provided by IOUX, its lending partners or any of its associates, Service Partners, in addition to the above terms hereby unconditionally and irrevocably declares and confirms that:- The User has shown its interest in availing the Financial Services as provided by IOUX or any of its associates, Service Partners. In pursuance of the intent shown by the User, the User has given Consent to IOUX to share its details as provided to IOUX with its Lending partners or any of its associates, Service Partners and shall hold IOUX its lending partners or any of its associates, Service Partners indemnified against any claims and shall not raise any claim with respect to the information as shared by IOUX in furtherance of the grant of Financial Facility.
- The User has applied for a lending facility ("Facility") and has filled an Application form to a lender, or any person(s) who provides a facility pursuant to this declaration ("Lender", which expression, wherever the context requires shall mean more than 1 (One) Lender) with the assistance of IOUX its lending partners or any of its associates, Service Partners.
- Pursuant to the User's application for the Facility, the User makes this declaration for the benefit and reliance of IOUX, its lending partners or any of its associates, Service Partners.
- The User shall submit, sign and execute all such facility agreements and other documents as may be prescribed and/or required by the Lender, in its discretion, in relation to availing such a Facility at any point of time and the applicable stamp duty in which regard shall be payable by the User as and when called upon by the Lender.
- The User fully acknowledges that the grant of the Facility is at the sole discretion of Lender and is subject to the User's eligibility for the Financial Facility. The User upon being found eligible and upon accepting the terms of the Facility shall execute documents deemed necessary by the Lender. The User upon fulfillment of other formalities as required by, and to the satisfaction of, the Lender in this regard. The User also acknowledges that the Lender reserves the right to reject its application for such a Facility without assigning any reasons whatsoever, and that the User shall not object, question or Appeal against such a decision of the Lender. The USer further acknowledged that the any payment given by it in relation to the application for such a Facility is non-refundable and in case of the rejection of it’s application, it shall not seek a refund of the same.
- The User declares that [I am/we are] [citizen(s) of/resident(s) in] India and declare, warrant and represent that all the particulars and information and details provided in the application form to avail the Facility and documents given by [me/us] to IOUX, its lending partners or any of its associates, Service Partners in connection therewith, are true, correct, accurate and up-to-date in all respects and that it has not withheld or suppressed any material information from IOUX, its lending partners or any of its associates, Service Partners in this regard. The User further acknowledges that all the information given by it upon the Lender’s request, shall form the basis of any loan or facility that the Lender may decide to grant to it. We understand and acknowledge that IOUX, its lending partners or any of its associates, Service Partners reserve the right to retain all applicable information, photographs and other documents submitted by it (forming part of such application and this declaration) and may not return the same to it.
- The User confirms that there are no insolvency proceedings against it nor has it ever been adjudicated insolvent by any judicial or other authority under applicable law. It also undertakes to inform the Lender of changes in it’s occupation or employment and to provide any further information that the Lender may in its discretion require. The User shall further inform the Lender on the change in resident status, control, capital structure, constitution and management (wherever applicable).
- The User hereby agrees and gives it’s consent for the disclosure by IOUX, its lending partners or any of its associates, Service Partners, waiving specifically it’s right of notice, privacy, privity, defamation for such disclosure by IOUX, its lending partners or any of its associates, Service Partners, of all or any of the following:
(a) information and data relating to it as well our directors and group companies (as applicable) or obligations to be assumed by it, our directors and/or our group companies (as applicable) in connection with the Facility to be availed by it as well as any other information required to provided pursuant to such a Facility and as required by the Lender or any of it’s associates, service partners; and (b) Any default committed by [me/us] and/or non-performance of our obligations prescribed in any facility document or other agreement executed pursuant to the Lender’s instruction (as determined by the Lender in its sole discretion) in relation to the Facility that will be granted to [me/us] upon the successful processing of it application by the Lender, and as the Lender may deem appropriate and necessary to disclose and furnish to:- The Reserve Bank of India ("RBI") or the Credit Information Bureau (India) Limited ("CIBIL") and/ or any other agency authorized in this behalf by RBI or any regulatory, supervisory or other authority, court of law, tribunal or person, in India or any other jurisdiction, where such disclosure is required by law, regulation, judgment or order of court or order of any tribunal;
- any actual or potential assignee(s) or novatee(s) or transferee(s) of any rights and obligations of the Lender or other participants in any of its rights and/or obligations under or relating to the Facility for any purposes connected with the proposed assignment or transfer; or
- IOUX, its lending partners or any of its associates, Service Partners.
Provided that IOUX, its lending partners or any of its associates, Service Partners may use, disclose and/or process such information and data disclosed by the Lender in the manner as it deems fit. - The User also acknowledges that IOUX, its lending partners or any of its associates, Service Partners shall have the right to seek information pertaining to it from regulatory authorities and other third parties including, inter-alia, the Central KYC Registry, the RBI, the CIBIL, etc. in accordance with applicable law.
- The User has no objection to furnish documents deemed necessary by the Lender and/or required as per 'Know Your Customer' guidelines issued by RBI.
- The User further acknowledges and appreciates that this declaration along with the application for a Facility can be routed to multiple Lenders at the discretion of IOUX, its lending partners or any of its associates, Service Partners.
- The User acknowledges and appreciates that IOUX, its lending partners or any of its associates, Service Partners will have right to seek information related to the business transactions from it’s business partners for the purpose of the sanction of Facility and ongoing monitoring in relation thereto.
- The User further acknowledge and declare that the funds availed by it pursuant to the Facility shall be used for the purpose for which such a Facility has been granted and will not be used for any speculative, prohibited, forbidden, illegal, unlawful or anti-social purposes whatsoever.
- Further, the User has no objection to IOUX, its lending partners or any of its associates, Service Partners from sending it promotional offers of their products or services (including those of the subsidiaries, affiliates or associate companies of the Lender and/or the Company). It further acknowledge that the use of the above information shall not amount to violation of any of it’s rights or privileges pertaining to privacy or confidentiality. The User further confirms that the privacy rights available to it under, inter-alia, the Telecom Regulatory Authority of India Act, 1997 and the Telecom Commercial Communication Customer Preference Regulations, 2010, and any statutory amendments thereto, will not be exercised by it in relation to any promotional offers or information received from IOUX, its lending partners or any of its associates, Service Partners. The User accords the above consent, notwithstanding the grant of Facility, its rejection by the Lender, or the maturity of such Facilities and authorise IOUX, its lending partners or any of its associates, Service Partners to use the said information.
- The User hereby gives it’s expressed and unequivocal consent to IOUX, its lending partners or any of its associates, Service Partners to retrieve/ procure/download my KYC data/ details from Central KYC registry for the purposes of verifying/establishing it’s data/details/identity. The User hereby further authorize IOUX, its lending partners or any of its associates, Service Partners and its service providers to do so. IOUX, its lending partners or any of its associates, Service Partners may check the details that it has supplied against any particulars to Central KYC registry.
- The above Declaration is in addition to and not in derogation of the terms as already agreed upon by the User and the Users accepts the entire Terms and Conditions of IOUX, its lending partners or any of its associates, Service Partners in toto and shall not call in question the terms as agreed upon.
