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Last updated on 15th January 2024
These terms and conditions (“the T&C’s”) apply to and regulate the provision of products and services provided/made available by DMI Finance Private Limited, a Non-Banking Financial Company incorporated in accordance with Companies Act, 1956/Companies Act, 2013 (as amended), with corporate identification number (CIN: U64990DL2008PTC182749) and registered with the Reserve Bank of India as a Non-Banking Financial Company having registration no. N14.03176 and having its registered office at Express Building, Third Floor, 9-10, Bahadur Shah Zafar Marg, New Delhi - 110002 (hereinafter referred to as “DMI”) to You as DMI Finance Account holder through the DMI Finance App (defined below). Any changes or modifications to these terms and conditions, made by DMI at its sole discretion, will be available on https://www.dmifinance.in/ and will be binding on You. These T&C’s shall come into effect when You register on the DMI Finance App or upon Your usage of the DMI Finance App or its Services.
Your acceptance to the T&C’s of DMI is generated and preserved as electronic record under the Information Technology Act, 2000, (together with its amendments, and rules made thereunder, and other prevailing law(s) / regulations as may be applicable at the relevant point of time) and will be binding on You as a licensed user. By downloading, accessing, browsing, completing the sign-up process or registration process for availing the Services, You have expressly read, understood and accepted the entire T&C’s while accessing the web portal and/or mobile application of DMI.
Upon commencement of access / usage and by submitting Your one-time electronic acceptance/confirmation/authentication either through DMI Finance App or through Your registered mobile number and/or through Your email id to DMI, it is construed as Your deemed acceptance. If any of these T&C’s conflict with any other document/electronic record in this behalf, these terms and conditions shall prevail, until further changes/ modifications are notified by DMI.
By completing the sign-up process or registration process for availing the Services You hereby agree and acknowledge that (i) You are at least 18 years of age, (ii) You can understand, read and access the world wide web / internet in English language, (iii) You have read, understood and agree to be bound by these T&C’s.
In this T&C’s, the term or word “We”, “Us” or “Our” severally refers to the “DMI Finance Private Limited” or “DMI” and the words “You” or “Your” or “Customer” or “User” refers to the individual using the DMI Finance App.
Unless indicated otherwise, the capitalized terms listed below shall have the meaning ascribed to them herein:
(a) “Affiliate” shall mean the subsidiary company and / or holding company and / or associate company of DMI, where subsidiary company, holding company and associate company shall have the meaning ascribed to such term in the Companies Act, 2013, as amended from time to time.
(b) “Applicable Law(s)” shall mean all applicable / prevailing central, state and local laws, statute, regulations, orders, guidelines and / or directives as may be amended and in effect or re-enacted from time to time, order or other legislative action of any government authority to the extent having the force of law, including but not limited to any regulations / guidelines issued from time to time by Reserve Bank of India.
(c) “Credit Information” is any credit specific information of You like Your Credit Score and Your Credit Information Report.
(d) “Credit Information Report” is the report generated by TransUnion CIBIL Limited (“TUCIBIL”, a credit bureau) that is viewed by You on DMI Finance App.
(e) "Credit Score" is the score that is in Your Credit Information Report provided by TUCIBIL to DMI.
(f) “DMI Finance Account” shall mean the account made available to the Customer post successful registration/onboarding on the DMI Finance App to avail the Services.
(g) “DMI Finance App” shall mean and include the mobile application of DMI for facilitating the Services to the customers.
(h) "End User Permitted Purpose" means use of the Credit Information for the sole purpose of providing You access to Your Credit Information as and when requested by You on DMI Finance App subject to the terms below.
(i) “Entity” shall mean and include but shall not be limited to any Company duly incorporated under relevant provisions of the Companies Act, 1956/2013 (as amended), a Partnership Firm, a Limited Liability Partnership, Association of Persons, Body of Individuals, Society registered under Societies Registration Act, 1860 or any other law of any State, Cooperative Society, Hindu Undivided Family.
(j) “Services” shall mean and include various products/services provided by DMI through the DMI Finance App, as may be updated by DMI from time to time.
(k) “RBI” shall mean Reserve Bank of India.
(a) All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
(b) Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
(c) All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms & Conditions.
(a) The collection, verification, audit and maintenance of correct and updated information is a continuous process and DMI reserves the right, at any time, to take steps necessary to ensure compliance with Applicable Law.
(b) DMI reserves the right to discontinue services / reject applications for availing any / all Services at any time if there are discrepancies in information and / or documentation provided by You at the time of registration or otherwise.
(c) Any information provided to DMI with the intention of availing its services, shall vest with DMI, and may be used by the DMI at its discretion, in accordance with these terms and conditions, for the purpose consistent with the Applicable Laws.
(d) DMI has the right to call for additional documents/information to the extent as may be required in accordance with Applicable Laws.
(a) You, by accessing/logging in, browsing or otherwise using the DMI Finance App hereby represent and warrant that, You:
(i) are a citizen of India;
(ii) completed the age of 18 years and attained the age of majority;
(iii) are duly authorized either in Your individual capacity or under the capacity of being an Authorized Signatory of an Entity;
(iv) are capable of entering into a legally binding agreement under the Indian Contract Act, 1872; and
(v) are not barred or otherwise legally prohibited, from accessing or using the DMI Finance App and/or from availing the Services.
(vi) are the sole owner of DMI Finance Account and cannot have more than one DMI Finance Account at any point of time and if You allow any individual to use Your DMI Finance Account, such usage being not appropriate and not permitted by DMI in any manner, and You shall be solely responsible for any consequences thereof and for all actions taken in and/or through DMI Finance App.
(b) In addition to the above-mentioned requirements, You may also have to fulfil additional criteria as may be specified on the DMI Finance App to avail the Services. DMI reserves the right to terminate Your account or/or refuse to provide You with access to the DMI Finance App in case it is found that You do not qualify the eligibility criteria provided herein.
(a) Before using / availing the Services, You must carefully read these T&C’s and Our Privacy Policy which governs Your use of the DMI Finance App and Services. By accessing, browsing or otherwise using the DMI Finance App and / or the Services provided by DMI, You agree and explicitly consent to all the terms and conditions under the T&C’s and the Privacy Policy, including any modification / amendments thereof from time to time (collectively “Terms”) by confirming acceptance through the DMI Finance App or Your registered email address available in DMI records or such other mode of authentication as may be prescribed by DMI, from time to time.
(b) You hereby agree, consent and expressly authorize DMI / its representatives / agents / its group companies / Affiliates to send communications, notices regarding completion of on-boarding process, loans, insurance and other products from DMI, its group companies and / or third parties that have partnered with DMI, through telephone calls / SMS / emails / notifications / post / whatsapp / in person communication etc. including but not limited to any promotional communications / messages. Any communications sent by DMI through aforesaid modes shall be binding on You.
(c) These T&C’s are deemed to incorporate the Privacy Policy posted on the web portal of DMI and accessible/embedded in the mobile application.
You shall have the option to withdraw Your consent at any time while availing the Services by switching off/disallowing ‘User Consent’ through the DMI Finance App settings ., after fulfilling the pending contractual obligations, if any, to DMI and in accordance with prevailing law / regulation applicable for such withdrawal. After fulfilling the contractual obligations, You are at liberty to refrain from using DMI Finance App and / or the Services. In the event you have revoked or withdrawn your consent, we will immediately stop collection of any data from You on DMI Finance App. However, in the event of withdrawal of Your consent, we may be forced to recall your loan/credit facilities or not grant you loan facility/provide Services as access to such personal information is the basis for grant and continuation of such loan/credit facility /providing the Services through our DMI Finance App and / or it may affect certain functionalities on the DMI Finance App.
(a) You agree and understand that You are responsible for maintaining the confidentiality of the DMI Finance Account information i.e., Your password, Your email address , PIN, OTP, login details etc (“Credentials”) which allows You to access the DMI Finance App and the activities that occur in or through Your DMI Finance Account.. Further, DMI shall not be liable for any loss / damage caused to You, in any manner whatsoever, arising out of/in relation to, misuse of Your Credentials, with or without Your knowledge.
(b) Your registration information shall be current, accurate and complete in all respects in the course of registering/on-boarding to use the Services. You agree to maintain and promptly update Your information as necessary to keep it true, accurate, current and complete at all times. You are also entitled to review the information provided and ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient be corrected or amended as feasible. However, DMI shall not be responsible for the authenticity of the personal information or sensitive personal data, or information supplied by you.
(c) You agree NOT to use DMI Finance App: (i) for making any fraudulent transactions, and (ii) for purposes that are unlawful, illegal or forbidden by these T&C’s or under any Applicable Laws. DMI may, at its sole discretion, at any time and without any liability but with prior notice to you, impose additional requirements and restrictions or suspend, terminate or restrict Your access to DMI Finance App and / or the Services (or any portions thereof).
(d) You further agree NOT to:
(i) host, display, upload, modify, publish, transmit, update or share any material or information that:
a. belongs to another person and to which You do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of any other individual's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. harm minors in any way;
d. deceive(s) or mislead(s) the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
e. impersonates another person;
f. contains software viruses, worms, trojans, spyware, adware, software disabling codes, other malicious or intrusive software, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or any spyware;
g. 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;
h. infringes the intellectual property rights, legal rights, or interests of any third party;
i. adversely interferes with the working of the DMI Finance App or parts thereof, and or modifies or disables any of the functionality and/or the settings of the DMI Finance App, including without limitation any security measures deployed on the DMI Finance App.
(ii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(iii) Violate any code of conduct or other guidelines, which may be applicable for or to any portion of DMI Finance App and/or availed Services.
(iv) Violate any Applicable Laws for the time being in force;
(v) Attempt to gain unauthorized access to any portion or feature of DMI Finance App, or any other systems or networks connected to DMI Finance App or to any server, computer, network, or to any of the services offered on or through DMI Finance App by hacking, password “mining” or any other illegitimate means;
(vi) Reproduce, duplicate, copy, sell, resell or exploit any portion or feature of DMI Finance App, in any manner whatsoever;
(vii) Probe, scan or test the vulnerability of DMI Finance App or any network connected to DMI Finance App or breach the security or authentication measures on DMI Finance App or any network connected to DMI Finance App;
(viii) Reverse look-up, trace or seek to trace any information of DMI Finance App, including any account on DMI Finance App its source code, or exploit DMI Finance App or any service or information made available or offered by or through DMI Finance App.
(ix) Permit any third party, directly or indirectly to:
a. access or monitor any material or information on the DMI Finance App or Services or any associated system using any manual process or robot, spider, scraper, or other automated means;
b. work around, bypass, or circumvent any of the technical limitations of the DMI Finance App or Services, use any tool to enable features or functionalities that are otherwise disabled in the DMI Finance App or Services, or decompile, disassemble, or otherwise reverse engineer the DMI Finance App or Services or otherwise exploit them for any commercial purpose;
c. perform or attempt to perform any actions that would interfere with the proper working of the DMI Finance App or Services, prevent access to or use of the Services by Our other customers, or impose an unreasonable or disproportionately large load on Our infrastructure;
d. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information, or our Services;
e. post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
f. use and benefit from the DMI Finance App and Services via a rental, lease, timesharing, or other arrangement;
g. downloading (other than page caching) of any portion of the services or any information contained therein, except as expressly permitted by Us;
h. transfer any rights granted to You under these T&C’s;
i. use the DMI Finance App and Services for the sale of firearms, firearm parts, ammunition, weapons, or other devices designed to cause physical harm;
j. use the DMI Finance App and Services for any illegal activity or goods or in any way that exposes You, other users, or Our partners to harm; or
k. otherwise use the DMI Finance App or Services except as expressly allowed under these T&C’s.
(e) Compatibility on Mobile and other devices and Third-Party Carriers: DMI does not warrant that the DMI Finance App and/or Services will be compatible with Your Mobile and other devices or carrier. Your use of the DMI Finance App and/or Services may be subject to the terms of Your agreements with Your mobile device/device manufacturer or Your telecom carrier.
You shall be responsible to pay fees / charges, that may be applicable to transactions executed through DMI Finance App or for the use of Services or for use of DMI Finance Account and / or any feature thereof, to DMI or to such third party, as the case may be. Further, the fee applicable in relation to the Services are provided for in the Schedule I below. DMI shall have full right in its sole and absolute discretion to determine nature and quantum of fee / charges that may be applicable to the transactions executed through DMI Finance App or for use of the product and Services of DMI or any feature thereof. In the event of any change in applicable fee / charges, the same shall be notified to You in accordance with the terms and conditions of the respective product / service being availed by You and which shall be binding upon You.
Authorisation: You agree that by providing Your details and clicking on ‘continue’ on the specified link available on the DMI Finance App You:
a. Have requested for Your Credit Information;
b. Have provided Your consent to appoint DMI as Your authorized representative for verifying Youridentity and sharing the details provided by You on DMI Finance App with TUCIBIL, as requested from time to time, and obtain Your Credit Information for End User Permitted Purpose;
c. Have authorized DMI to retain and store Your Credit Information till a) Your account is deactivated on DMI Finance App, b) such time Your Credit Information is required for End User Permitted Purpose, c) You withdraw Your consent to store/use Your Credit Information on DMI Finance App, whichever is earlier,; and
d. Have authorized DMI to rearrange and bucket the Credit Information solely to make it more presentable and user friendly on DMI Finance App without making any alterations to the Credit Information.
Credit Score Simulator: The Credit Score Simulator is to be used as merely an indicator of a hypothetical score based on the scenarios chosen by You. You understand that the Credit Score Simulator is a TUCIBIL product and DMI does not play any role in the functioning of the Credit Score Simulator or the simulated Credit Score deriving out of it.
Disclaimer
(i) DMI provides a technology platform for the display of Your Credit Information, and the Credit Score Simulator provided by TUCIBIL and does not control Your Credit information or simulated score. The simulated score shall not be relied on to make credit decisions and be referred to only for educational purposes.
(ii)If any information in Your Credit Report is inaccurate and is affecting Your Credit Score, You have the right to dispute it directly with TUCIBIL through its official website and DMI shall not be held liable in such a scenario.
You hereby acknowledge and agree that DMI can collect, hold, use and transfer Your personal data in accordance with these Privacy Policy available at [https://www.dmifinance.in/app-privacy-policy.php]. The manner of collection, usage, processing and storage of Your personal data will be as under:
(a) Type of information collected: DMI collects / will collect such information that is necessary for the specified and lawful purposes of rendering the Services and DMI will not further process the same in a manner that is inconsistent with the said purposes. Further, DMI may collect the following types of information:
(i) Information provided by You:
a. When You commence using the DMI Finance App/ Services, DMI may ask You to provide certain information as part of the registration process / login process / sign-up process, and in the course of Your interface with the DMI Finance App and while availing Services, DMI may collect the information through various online sources, including through DMI Finance Account registration forms, contact us forms, or when You interact with the support team of DMI.
b. At the time of registration / login / sign-up to the DMI Finance App and / or while availing the Services, DMI may ask including but not limited the following information:
c. Pursuant to the features of the DMI Finance App or the nature of Services availed by You, from time to time, DMI may seek additional information including address, payment or banking information, credit/debit card, bank account details and any other governmental identification numbers or documents, in accordance with the Applicable Law. You may choose to provide such additional information, if You choose to avail the relevant feature of the DMI Finance App and / or the Services.
(ii) Information captured while using / browsing DMI Finance App:
a. You acknowledge and agree that all information collected by DMI is on an “as-is” basis and DMI shall not be responsible for the authenticity of the information provided by You.
b. DMI collects Your information as per Your use and browsing on the DMI Finance App through various technologies/applications. This includes transaction details related to You, including the manner of use of Services, the type of services requested by You, the payment method/amount and other related transactional and financial information. Further, depending on the rewards/offers claimed/availed by You, DMI also collects the order details, delivery information etc.
c. DMI may from time to time, during the course of Your utilization / access of the DMI Finance App/ Services, require access to certain additional information only after obtaining Your additional explicit consent.
(iii) Information Collected from Third Parties:
a. DMI may, upon receiving Your consent, request certain third parties to provide information about You to further personalize Your experience on DMI Finance App, and provide certain services that cannot be accessed by all users.
b. DMI may collect Your credit-related information (e.g. credit score) from third parties (e.g. Credit Information Companies / Information Utilities / Account Aggregators) under a contract.
c. DMI may receive Your additional information, such as (i) information to help detect fraud and safety issues, from third party service providers and / or partners, and (ii) information about You and Your activities through partnerships, or about Your experiences and interactions from DMI partner networks.
(b) How the collected Information is used:
(i) Your information is collected for providing better service in respect of Services to You, and to comply with Applicable Laws / regulations (if any). You hereby agree and acknowledge that DMI may, to the extent permitted by Applicable Law / regulations, share or process Your information in connection with the Services collected by DMI from You while accessing the DMI Finance App, with its group companies, subsidiaries, Affiliates, service provider, agencies and/or any third party, including but not limited to, for the purposes, such as, to complete the transaction initiated by You, to render service to You and/or to enhance the Services for You, to offer new products etc. in terms of manner of such collection, usage and storage is governed by the Privacy Terms stated herein.
(ii) DMI may utilize Your information for the following purposes:
a. To curate / optimize loan / Services, related offers and rewards customized for You;
b. To curate specific financial product / other products for You based on Your financial transactions, investments, and past financial behaviour.
c. To improve the Services, DMI may also collect other types of information which are not directly or indirectly linked to You and which is aggregated, anonymized or de-identified, as the case may be.
d. Providing, processing, maintaining, improving and developing DMI Finance App/ Services for You.
e. Communicating You about DMI Finance App/ Services, or addressing any general queries, such as updates, support, or information about our events or notices.
f. Conducting marketing related activities, such as providing marketing and promotional materials.
g. Analysing statistical information about the use of DMI Finance App to improve Services.
h. Storing and maintaining Your information for complying with its obligations under Applicable Law.
(iii) Following is an illustrative list of activities (which are inclusive only, but not exhaustive in nature) whereby DMI may further use Your information for:
a. Creating Account: Setting up Your DMI Finance Account and for availing Services.
b. Identifying devices: Device related information and application related information may be used to identify devices when You use / access DMI Finance App;
c. Verification: DMI uses information to verify Your identity.
d. Managing risks and conducting anti-fraud checks: Device related information as well as , SMS, location and information may be used to control risk, detect fraud and provide better services to the You as and to the extent permitted under the Applicable Laws;
e. Diagnosing service failures: Logs information may be used to help diagnose service or technical problems and maintain security.
f. Conducting data analysis: Device related information and application related information may be used to analyse and develop statistical information on use of DMI services to improve the quality of services provided to You;
g. Improve experience: DMI may analyse Your usage data availed from DMI Finance App to improve its product / service offerings / experience for You.
h. Collect Your feedback: In order to follow up on the feedback that You have chosen to provide, DMI may correspond with You for utilising the information provided and may keep records of the same.
i. Sending notices: From time to time, DMI may use Your information to send important notices, such as communications about changes to the terms, conditions, and policies.
(iv) DMI may utilise Your name, phone number, email address and DMI Finance Account details (if any), to promote marketing of its various products & services. You shall have the right to opt out from receiving promotional communications from DMI by sending an email to customercare@dmifinance.in.
(v) DMI may utilise the information as part of payment services such as to enable You to access and utilise the payment services in compliance with Applicable Law & regulations and share such information with third-party service providers for a seamless experience for You.
(a) If You violate any of these covenants herein, DMI reserves the right to terminate Your access or delete the DMI Finance Account maintained by You in DMI Finance App and / or DMI can prohibit or bar You from using or accessing such DMI Finance Account / Services. DMI may temporarily or permanently suspend or freeze or block access to the DMI Finance Account / Services, if it has reason to believe that there is suspicious or unusual activity being carried out by You or if DMI is of the view and / or suspects any omission and / or commission including but not limited to any malicious attack / fraud / mischief / impersonation / phishing / hacking / unauthorized access etc., for such period as it may be deemed fit until it has received to its satisfaction the necessary clarifications as sought from You and / or until it is convinced that operations in the DMI Finance Account can recommence. You shall forthwith furnish all clarifications / information sought by DMI. You may reach out to the DMI grievance redressal team for any assistance, if any, needed by You as a result of the afore-mentioned suspension / deletion to resolve the same, which is available on the DMI Finance App.
(b) You agree and acknowledge that, DMI may at its sole discretion without assigning any reason, terminate Your DMI Finance Account at any time by giving You a 30 (Thirty) calendar days’ notice. Provided no such notice period requirement shall arise in case of any breach by You of these T&C’s. Upon termination, You must uninstall any copies of the Services from Your device. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services.
(c) We will not be liable to You for compensation, reimbursement, or damages in connection with Your use of the DMI Finance App or Services, or any termination or suspension of the Services. The termination of these T&C’s does not relieve You of obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to Us, and/or Our partners and service providers under these T&C’s or terms with respect to any Services offered through the DMI Finance App.
(a) The Services including all content, software, functions, material, and information made available or accessible through the DMI Finance App are provided on “as is” basis. DMI or its agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available / accessible through DMI Finance App. You expressly acknowledge and agree that to the maximum extent permitted by Applicable Law, Your use of the DMI Finance App and Services is at Your sole risk and discretion.
(b) DMI does not warrant in any manner whatsoever that the functions contained in content, information and materials on the DMI Finance App, including, without limitation any third-party sites or services linked to the DMI Finance App, will be uninterrupted, timely or error-free, that the defects will be rectified, or that the DMI Finance App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
(c) You understand that a payment transaction, if any, is solely between You (using the DMI Finance App) to make payment (“Sender”) and the person / entity who receives such payment from the Sender (“Recipient”) and DMI does not provide any guarantee or warranty with respect to any such service, goods, quality, quantity or delivery level commitment provided by such person / entity.
(d) DMI makes no warranty against and will not be liable or responsible for (i) Interference of Your enjoyment of the DMI Finance App or Services; (ii) losses or damages including any personal injury arising from or in any way related to Your access or use of the DMI Finance App or Services; (iii) use of any content posted, transmitted, or otherwise made available through the DMI Finance App or Services (iv) failure, suspension or withdrawal of all or part of the DMI Finance App or any Services at any time; (v) any bugs, viruses, or the like which may be transmitted to or through the DMI Finance App or Services; (vi) functional, uninterrupted, error-free or bug-free delivery of the DMI Finance App or Services; (vii) security, reliability or timeliness of the DMI Finance App or Services.
(e) Any content or material downloaded through Your use of the DMI Finance App and/or Services is at Your own discretion and risk and You will be solely responsible for any damage or loss of data occurring on Your device or any other loss or damages of any kind resulting from the download and use of the DMI Finance App and/or Services. No advice, course of conduct or information, whether oral or written, obtained by You from DMI or any party or through the DMI Finance App and/or Services will create any warranty unless expressly stated in these terms.
You agree to defend, indemnify and hold harmless DMI, its Affiliates, its promoters, officers, directors, employees and agents, partners, licensors, licensees, consultants, contractors and other applicable third parties from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising out of:
a) Your access of / to DMI Finance App / Services and/or improper or wrongful use thereof;
b) Your violation of any of these terms, including but not limited to T&C’s and / or Privacy Policy;
c) Your violation of any third party right, including any intellectual property right or privacy right;
d) Your failure to be in compliance with Applicable Laws, including tax regulations; and / or
e) Any claim raised by any third party, arising out of any damage caused to such party due to Your access or usage of DMI Finance App and / or Services for any wrongful manner.
(a) Notwithstanding anything contained in these T&C’s or any other document, DMI, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to You or any other person for:
(i) any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use DMI's products / services and data / content or reliance on those, howsoever caused and regardless of the form of action (including tort or strict liability);
(ii) any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and / or;
(iii) any loss or damage arising as a result of improper usage or malfunction of any computer or mobile phone or other telecommunications equipment used to access DMI's products / services or incompatibility thereof with our systems;
(iv) additionally, DMI shall be under no liability for any damage, loss or expense, or for any obligation to pay interest for unsuccessful credit or debit of funds under any of the DMI’s products / services which are availed by access to and use of DMI Finance App, unless the same is directly attributable to wilful default or gross negligence on the part of DMI.
(b) DMI shall not be liable for any inconvenience, loss, cost, damage or injury suffered by You or any third party arising from or caused by:
(i) act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing;
(ii) use of DMI Finance App / Services by third persons / parties, whether authorized or unauthorized by You;
(iii) loss or damage of confidential information or data of the User arising as a result of an event or a series of related events, that is beyond Our control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
(iv) transfer of funds to the wrong mobile number / recipient / account by You;
(v) theft or loss of Your mobile phone / electronic device, hardware and / or equipment on which the app is installed;
(vi) Your inability to effect or complete any transaction due to system maintenance or breakdown / non-availability of the DMI Finance App or any network;
(vii) You being deprived of the use of DMI Finance App as a consequence of any act or omission by DMI for compliance with any Applicable Laws and / or regulations and any instructions and / or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and / or its officials.
(c) Notwithstanding anything contained under these T&C’s or any other document, in no event, DMI or any of its directors, employees, agents and / or personnel shall be liable to You, for any damages, liabilities, losses, arising out of: (i) these T&C’s , the platform or any reference site, mobile application, products or services made available on DMI Finance App; and / or (ii) Your use or inability to use the reference site, mobile application, products or services or any reference site made available through DMI Finance App. Further DMI’s aggregate liability if any manner whatsoever shall not exceed Rs. 1000/-, unless specifically provided for under any Applicable Law. You agree and acknowledge that if You are dissatisfied with the Services or any portion thereof, Your exclusive remedy shall be to stop using the Services.
(d) This Clause shall survive even after the termination of Your DMI Finance Account and/or Services and/or use of DMI Finance App by You.
The records of transactions on DMI Finance App shall be deemed conclusive against You and the same shall be binding on You.
(a) DMI and its Affiliates shall have the paramount right to lien and set-off, which DMI or its Affiliates, may, subject to Applicable Law, at any time without prejudice to any of its specific rights under any other agreements / contract with You, at its sole discretion and with due notice to You to appropriate or adjust or set-off any monies belonging to You and lying / deposited with DMI towards any of DMI's dues, erroneous, excess or mistaken credit received by You and outstanding’s, including any charges / fees / dues payable under these T&C’s.
(b) Further, You hereby also grant and confirm the existence of the right of lien and set-off with DMI, which DMI may, subject to Applicable Law, at any time without prejudice to any of its specific rights under any other agreements / contract with You or in respect of any security or property held by DMI, at its sole discretion upon notice to You to appropriate or adjust any monies belonging to You with DMI in order to recover funds for transactions which are incorrectly or erroneously processed.
(c) DMI shall not be held responsible or liable for any losses, expenses, costs etc. suffered or incurred by You by reason exercise of the right of lien and set-off by DMI. DMI shall, also be entitled to free Your DMI Finance Account or remit the amount standing to the credit of the account(s) whether jointly or singly, as the case may be, to the concerned authority without any notice to You pursuant to the receipt of any notice or direction to that effect from any statutory / regulatory / legal / investigative authorities.
(d) Nothing contained in this Clause shall be deemed to affect the rights of DMI in case of bankruptcy, death or winding up of the Customer.
(a) DMI Finance App and/or Services are protected by intellectual property laws. No information, content or material from the DMI Finance App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without DMI's express written permission. You are hereby given limited permission to use the DMI Finance App, subject to Your agreement of these T&C’s.
(b) By uploading, submitting, storing, sending or receiving content that may include feedback to or through DMI Finance App, You grant DMI unconditional permission to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The permission so granted by You in favour of DMI is for the limited purpose of operating, promoting, and improving the DMI Finance App and Services, offered by itself and/or through any of its group companies, subsidiaries, Affiliates, service providers, agents, and also to develop new features and services.
(c) The User should assume that everything he/she views or reads on the DMI Finance App (collectively referred to as "content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be used, except as provided in these T&C’s, without the prior written permission of DMI or the relevant copyright owner.
(d) Any breach of the restrictions on use provided in these terms is expressly prohibited by law, and may result in severe civil and criminal penalties. DMI shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein.
You hereby agree to comply with any and all applicable tax laws in connection with use of the Services, and/or DMI Finance Account, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the DMI Finance App, or funds received through the DMI Finance App.
(a) DMI is the sole owner of all rights, titles and interest including any and all intellectual property rights in DMI Finance App.
(b) DMI grants You limited permission to access and use DMI Finance App for personal, non-commercial use and the same is non-transferable and it does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in DMI Finance App or the services provided thereon.
(c) The license granted herein is revocable at any time and will continue until such time, when You cease to use or access the DMI Finance App and/or Services or Your use or access to the DMI Finance App and/or Services is terminated by Us.
(d) You do not have the right to use any of DMI’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
(e) Any unauthorized use of DMI Finance App shall trigger breach of these T&C’s and would result in legal action being initiated by DMI against You under the prevailing Applicable Laws.
DMI shall not be held responsible for any damage, loss, non-availability of the DMI Finance App or services or deficiency in provision of the same, which are beyond the control of DMI and which are resulting directly or indirectly, for reasons such as, including but not limited to:
(a) fire, earthquake, any other natural calamity, flood, epidemic;
(b) strike, lockout, labour unrest;
(c) riot, civil disturbance, war, civil commotion;
(d) act of God, act of terrorism, emergency (declared for health or other reasons);
(e) court order, change in law, or any other circumstance;
(f) network / server downtime either of its own or procured through third parties, suspension, interruption, malfunctioning of the wireless technology, peripherals, software systems, communication failure, hacking etc.,
(g) any unauthorized disclosure / breach personal / sensitive personal information, etc and any direct / indirect losses suffered by You due to Your conduct, such as:
1. Your conduct in using third party extensions, plug-ins or add-ons on the DMI Finance App/ web browser;
2. You shall NOT access darknet, unauthorized / suspicious websites, suspicious online platforms, downloading applications from unreliable sources;
3. You shall NOT respond to any generic emails or any web / bitly / chatbot links, any other link in electronic form etc., from an unknown / unidentified source.
1. No Agency: These T&C’s and Your use of or access to the DMI Finance App are not intended to create an agency, partnership, joint-venture or employer-employee relationship between You and the DMI Finance App, DMI, its Affiliates, any partner, except where otherwise specifically agreed or appointed.
2. Third Party Services and Links to Other Web Sites: We may display third party content, or advertisements through the services and also facilitate provision of third party products or services to You within the DMI Finance App and may provide links that will take You to web pages and content of third parties that are not under Our control (collectively, "Third Party Content"). This Third Party Content is offered by parties other than DMI, and are subject to third party terms. You may need to accept additional terms and conditions and meet additional requirements to use these third party services. We make no representation, warranty, promise or guarantee whatsoever concerning any aspect of any Third-Party Content, including without limitation regarding its accuracy or completeness. You agree that Your use of all Third-Party Content is entirely at Your own risk. We provide Third Party Content solely as a convenience to You, and the provision of such a link is not an endorsement by Us of any aspect of the Third-Party Content. You acknowledge and agree that We are not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review any Third Party Content. Please remember that when You use a link to go from DMI Finance App to another website, Our Privacy Policy is no longer in effect. If You browse and interact on any other website, including those that have a link on Our DMI Finance App, this will be subject to that website's own rules and policies.
3. Assignment: These T&C’s, and any rights and licenses granted hereunder, may not be transferred, or assigned by You. We may assign, in whole or in part, the benefits or obligations of these T&C’s. We will provide an intimation of such assignment to You, which will be binding on the parties to these T&C’s.
4. Waiver: Unless otherwise expressly stated in these T&C’s, the failure to exercise or delay in exercising a right or remedy under these T&C’s will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these T&C’s will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
5. Survival of Provisions: These T&C’s by their nature and content are intended to survive the performance hereof by any or all parties hereto and will so survive the completion and termination of this Terms and Conditions.
6. Severability: If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable
7. Non-Exclusivity: It is agreed and clarified that these T&C’s are being executed on a non-exclusive basis and the parties are at liberty to enter into similar terms and agreements with others.
8. Grievance Officer: In the event You have any queries/complaints regarding usage of DMI Finance App and/or Services, please contact [https://www.dmifinance.in/app-privacy-policy.php]. The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder and Our Grievance Redressal Policy.
9. Notices: All notices, requests, demands, waivers, and other communications required or permitted to be given under these Terms and Conditions will be in writing and to be sent to the following addresses:
For DMI:
Mr. Ashish Sarin
Address:
Senior Vice President - Customer Success Express Building, 3 rd Floor, 9-10, Bahadur Shah Zafar Marg, New Delhi- 110002
Email: head.services@dmifinance.in
For You:
To the name and email address provided at the time of registration.
(a) DMI reserves the right to make changes to, or update DMI Finance App , and / or to charge for its Services, at any point of time and for any reason either wholly or partially at any time by giving you notice and / or by providing you with an option to switch to other products/ services/ facilities. You shall be required to download the updates if You intends to keep using DMI Finance App. However, DMI does not promise / guarantee in any manner whatsoever about the continuous availability of the DMI Finance App and / or that it shall always update DMI Finance App so that same is relevant / accessible to You or that the updated versions of DMI Finance App will always be compatible with Your mobile devices / computer /electronic operating systems.
(b) DMI reserves the right, at its sole discretion, to change or otherwise modify these Terms at any time by posting an updated version on the DMI Finance App. The updated version of these Terms shall supersede the previous version of the Terms and shall be immediately effective upon posting on the DMI Finance App and shall be binding on You. As a result, we encourage you to regularly review the Terms before accessing the App or otherwise furnishing data to DMI or availing our Services.
All transactions carried out in connection with the Services through DMI Finance App and entire relationship as contemplated herein shall be governed by the laws of India. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi.
a. You shall abide by the DMI T&C’s as set out herein and the changes thereto as communicated through and/or made available on DMI Finance App from time to time. You agree that the availing of Services, so offered by DMI, are subject to Applicable Laws. You hereby agree and understand that DMI reserves its right to accept or reject Your request for availing products/services on DMI Finance App and DMI's decision in this regard would be final. Further, You agree to execute all necessary documents/forms and/or furnish all information and/or comply with all the requirements so communicated by DMI, from time to time.
b. You agree that DMI may, at its discretion, engage the services of its group company(ies), subsidiaries, merchant / vendors / service providers / business associates / partners / Affiliates, direct sales agent ("DSA”), direct marketing agent ("DMA”), recovery / collection agents ( “RA”), Independent Financial Agents (“IFA”) (hereinafter collectively referred to as “DMI Partners”) for providing Services and / or obtaining or verifying any information in relation to You / Your assets, and any necessary or incidental lawful acts / deeds / matters and things connected thereto, as DMI may deem fit.
c. Any change in the DMI Finance Account status or change of registered address and / or registered mobile number and / or email address shall be immediately informed to DMI and shall duly get the same changed in the records of DMI, failing which You shall be responsible for any non-receipt of communication / deliverables / transactional messages or the same being delivered at the old address / mobile number so registered in the records of DMI. You hereby agree and understand that Your access to the electronic transaction services / mobile application may be restricted in case of invalid mobile number registration.
d. You hereby agree that DMI has adopted industry standard security procedures to carry out Your verification through one-time electronic acceptance / confirmation / authentication either through a registered mobile phone or through any electronic / web platform and / or through Your email id, submitted to DMI, in conjunction with the password for signing into the DMI Finance App and / or the passcode set by You for undertaking any transactions and / or any other procedure as informed by DMI, from time to time. You hereby convey Your full comprehension of and acceptance to the abovementioned security procedures followed by DMI and further agrees and understands that any unauthorized disclosure, access, breach and/or use of the same can put the security of Your account at risk.
