GENERAL TERMS AND CONDITIONS OF LOAN
THE BORROWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PRODUCT/MOBILE DEVICE SHALL BE DELIVERED WITH A MOBILE APPLICATION WHICH SHALL, ON OCCURRENCE OF EVENTS AS DETAILED HEREIN INLCUDING DELIQUENCY/DELAY IN PAYMENT, ACTIVATE THE DEVICE FUNCTIONALITY RESTRICTION BY DISABLING THE USE OF THE MOBILE DEVICE EXCEPT EMERGENCY CALLS AND RECEIVING OF CALLS. THE BORROWER ALSO UNDERSTANDS THAT ON RECTIFICATION OF THE DELINQUENCY / DEFAULT IT WILL TAKE DMI/SAMSUNG AROUND 48 HOURS TO DEACTIVATE THE DEVICE FUNCTIONALITY RESTRICTION AND THE BORROWER CONFIRMS THAT IT SHALL HAVE NO CLAIMS PERTAINING TO REASONABLE TIME TAKEN BY DMI/SAMSUNG FOR DEACTIVATING THE DEVICE FUNCTIONALITY RESTRICTION.
GENERAL TERMS AND CONDITIONS OF LOAN (“GC”) for loans by DMI Finance Private Limited having its registered office at Express Building, Third Floor, 9-10, Bahadur Shah Zafar Marg, New Delhi – 110002 (‘DMI’ or the ‘Lender’ which shall mean and include its successors and assigns)
1.1 The terms and expressions contained in these GC and the Loan Application Form are defined as under:
“Emergency Calls” shall mean a voice call to the following numbers: 101, 102, 103, 104, 105, 106, 107, 108, 109, 112;
“Mobile Application” shall mean the application provided by Samsung India Electronics Private Limited;
“Borrower(s)” shall mean the person(s) as detailed in the Loan Detail Sheet;
“Borrower’s Dues” means all sums payable by the Borrower to DMI, including outstanding Facility, interest, all other charges, costs and expenses;
“Delinquent” or “Delinquency ” in respect of any payment means when the Borrower fails to make payment of any Borrower’s Dues on its Due Date;
“Device Functionality Restriction” shall mean the activation of the Mobile Application by Samsung on intimation of DMI which will restrict the functionality of the Product and the Borrower shall be able to use the Product only for Emergency Calls, receiving of calls and/or such other purposes as may be required to be permitted under applicable laws;
“Due Date” in respect of any payment means the date on which any amount is due from the Borrower to DMI;
“EMI” means the equated monthly amount to be paid by the Borrower towards repayment of the outstanding Facility and payment of interest (if applicable) as per Financing Documents;
“Facility” means the loan facility granted by DMI to the Borrower as per Loan Details Sheet for the Purpose;
“Financing Documents” means these GC, the Loan Application, the Loan Details Sheet, including the annexures hereto and any documents executed by the Borrower or as required by DMI, as amended from time to time;
“Loan Application” means the application in the prescribed form filled by the Borrower for seeking financing from DMI;
“Loan Details Sheet” means the Loan Details Sheet executed between DMI and Borrower;
“Material Adverse Effect” means any event which in DMI’s opinion would have an adverse effect on (i) Borrower’s ability to pay the Borrower’s Dues or (ii) recoverability of the Borrower’s Dues;
“Overdue Interest Rate” means the default interest as prescribed in the Loan Details Sheet which is payable on all amounts which are not paid on their respective Due Dates;
“Purpose” means the utilization of Facility for purchase of the Product;
“Product” or “Mobile Device” shall mean any mobile device manufactured and sold by Samsung which is proposed to be purchased by the Borrower from the Vendor;
“Samsung” shall mean Samsung India Electronics Private Limited;
“Vendor” shall mean all authorized dealers of Samsung.
1.1A. In this Agreement, (a) the singular includes the plural (and vice versa) and (b) reference to a gender shall include references to the female, male and neutral genders.
2.1 The Borrower hereby requests the drawdown of the Facility and DMI shall have the sole and absolute discretion to allow or reject such request based on credit evaluation etc. of the Borrower.
2.2 The Borrower understands that, subject to DMI approving the disbursement request, the disbursement of the Facility shall be directly to the Vendor and shall be treated as having been disbursed to the Borrower.
2.3 The Borrower shall pay non-refundable processing charges as stated in the Loan Details Sheet, along with tax thereof, which may be added as a deemed disbursement to the drawdown of the Facility and the Borrower will accordingly be liable for entire Facility.
3. INTEREST AND REPAYMENT
3.1 The Borrower will pay interest (if applicable) on the Facility from the date of drawdown and all other amounts due as provided in Loan Details Sheet which shall become payable upon the footing of compound interest with monthly rests. The Borrower will be liable for the entire Facility and shall pay the full amount of the Facility. However, in such cases, in the event the installment is not paid on the Due Date, all overdue amounts shall accrue interest, at the sole discretion of DMI, at the prescribed rate (“Overdue Interest Rate”) which shall be computed from the respective due dates for payments and shall become payable upon the footing of compound interest with monthly rests.
3.2 The tenure of the Facility shall be as provided in the Loan Details Sheet. EMI shall be as calculated by DMI as required for amortization of the Facility within the tenure and interest payable thereon. EMI shall only be towards principal outstanding and interest thereon and does not include any default interest or any other charges payable by the Borrower pursuant to Financing Documents.
3.3 The payment of each EMI on time is the essence of the contract. The Borrower acknowledges that s/he has understood the method of computation of EMI and shall not dispute the same.
3.4 Notwithstanding anything stated elsewhere in the Financing Documents, all Borrower’s Dues, including EMI, shall be payable by the Borrower to DMI as and when demanded by DMI, at its sole discretion and without requirement of any reason being assigned. The Borrower shall pay such amounts, without any delay or demur, within 15 (fifteen) days of such demand.
3.5 DMI shall be entitled to revise the rate of interest, if so required under any applicable law and DMI may recompute the EMI /the number of EMI for repayment of outstanding Facility and interest. Any such change as intimated by DMI to Borrower will be final and binding on the Borrower. In case of such revision the Borrower shall be entitled to prepay, within 30 (thirty) days of such revision, the entire outstanding Facility along with accrued interest (if applicable), without any prepayment penalty.
3.6 In case of delayed payments, without prejudice to all other rights of DMI including the right of Device Functionality Restriction, DMI shall be entitled to Overdue Interest Rate (as prescribed in Loan Details Sheet) from the Borrower for the period of delay.
3.7 The Borrower may pre-pay the Facility prior to its scheduled tenure only with the prior approval of DMI and subject to such conditions and prepayment charges, as stipulated by DMI.
3.8 The Borrower shall bear all interest, tax, duties, cess duties and other forms of taxes whether applicable now or in the future, payable under any law at any time in respect of any payments made to DMI under the Financing Documents. If these are incurred by DMI, these shall be recoverable from the Borrower and will carry interest at the rate of Overdue Interest Rate from the date of payment till reimbursement.
3.9 Notwithstanding any terms and conditions to the contrary contained in the Financing Documents, the amounts repaid by the Borrower shall be appropriated firstly towards cost, charges, expenses and other monies; secondly towards Overdue Interest Rate, if any; thirdly towards interest; and lastly towards repayment of principal amount of a Facility.
3.10 Interest (if applicable), Overdue Interest Rate and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year and the actual number of days elapsed.
3.11 If the Due Date is not a business day, the amount will be paid by Borrower on immediately succeeding business day.
3.12 All sums payable by the Borrower to DMI shall be paid without any deductions whatsoever. Credit/ discharge for payment will be given only on realization of amounts due.
4. MODE OF PAYMENT, REPAYMENT AND PREPAYMENT
4.1 The Borrower shall, as required by DMI from time to time, provide (i) postdated cheques (“PDCs”) or (ii) National Automated Clearing House (Debit Clearing)/ any other electronic or other clearing mandate (collectively referred to as “NACH”) as notified by the Reserve Bank of India (“RBI”) against Borrower’s bank account for payment of dues. Such PDCs/NACH shall be drawn from such bank and from such location as agreed to by DMI. The Borrower shall honor all payments without fail on first presentation/ due dates. PDC/ NACH provided by the Borrower may be utilized by DMI for realization of any Borrower’s Dues. The Borrower hereby unconditionally and irrevocably authorizes DMI to take all actions required for such realization. The Borrower shall promptly (and in any event within seven (7) days) replace the cheques and/or the NACH and/or other documents executed for payment of Borrower’s Dues as may be required by DMI from time to time, at its sole discretion.
4.2 The Borrower shall, at all times maintain sufficient funds in his/her bank account/s for due payment of the Borrower’s Dues on respective Due Dates. Borrower shall not close the bank account/s from which the cheques / NACH have been issued or cancel or issues instructions to the bank or to DMI to stop or delay payment under the PDC / NACH and DMI is not bound to take notice of any such communication.
4.3 The Borrower agrees and acknowledges that the PDC/ NACH have been issued voluntarily in discharge of the Borrower’s Dues and not by way of a security for any purpose whatsoever. The Borrower also acknowledges that dishonor of any PDC/ NACH is a criminal offence under the Negotiable Instruments Act, 1881/The Payment and Settlements Act, 2007. The Borrower shall be liable to pay dishonor charges for each PDC/ NACH dishonor (as prescribed in Loan Details Sheet).
4.4 Any dispute or difference of any nature whatsoever shall not entitle the Borrower to withhold or delay payment of any EMIs or other sum and DMI shall be entitled to present the PDC/ NACH on the respective due dates.
4.5 Notwithstanding the issuance of cheques / NACH, the Borrower will be solely responsible to ensure timely payment of dues.
5. BORROWER’S COVENANTS, REPRESENTATION AND WARRANTIES
5.1 Borrower also undertakes and covenants as below:
(i) The Borrower shall observe and perform all its obligations under the Financing Documents.
(ii) The Borrower shall immediately deliver to DMI all documents, including bank account statements as may be required by DMI from time to time.
(iii) The Borrower also authorizes DMI to communicate independently with (i) any bank where the Borrower maintains an account and to seek details and statement in respect of such account from the bank and (ii) with any employer of any Borrower as DMI may deem necessary, including for monitoring Borrower’s creditworthiness.
(iv) The Borrower shall immediately notify DMI of any litigations or legal proceedings against any Borrower.
(v) The Borrower shall notify DMI of any Material Adverse Effect or Event of Default.
(vi) The Borrower shall notify DMI in writing of all changes in the location/ address of office /residence /place of business or any change/resignation/termination / closure of employment/ profession /business.
(vii) The Borrower shall not leave India for employment or business or long term stay abroad without fully repaying the Facility then outstanding, together with interest and other dues and charges.
(viii) The Borrower shall provide security, if any, as specified in Financing Documents or as may be required by DMI in case of any change in credit worthiness of any Borrower (as determined by DMI).
(ix) The Borrower shall ensure deposit of salary and/or business proceeds in the account from which PDCs/ECS have been issued to DMI.
(x) The Borrower shall comply at all times with applicable laws, including, Prevention of Money Laundering Act, 2002.
(xi) The Borrower shall not delete or remove the Mobile Application or undertake any such actions which may hamper/restrict the operation of the Mobile Application.
(xii) Borrower shall not be entitled to any increase in the Facility amount by reason of any increase in the purchase price of any Product. However, in the event of any decrease in the purchase price, DMI may in its discretion reduce the principal amount of the sanctioned Facility.
(xiii) The Borrower understands that the Vendor shall be exclusively responsible for delivery of the Product and DMI shall not be liable for any delay in delivery or non-delivery of the Product and/or with respect to the quality, condition, fitness, suitability or otherwise whatsoever of the said Product.
(xiv) The Borrower confirms that in the case of Product return in accordance with the policy of Samsung and Vendor, DMI will treat the relevant Facility repaid only if the Vendor refunds the entire amount of the Facility to DMI upon compliance by the Borrower with the return policy of Samsung. In case of such refund, DMI shall refund the EMI, if any, paid by the Borrower, less interest if any for the period between purchase and refund, and treat the Facility as fully discharged. The processing fees will not be reimbursed and will be adjusted against the refund, if any.
(xv) The Borrower shall not part possession or ownership of the Product or transfer the Product including creation of any third-party rights thereon without consent of DMI.
(xvi) The Borrower shall ensure due maintenance of the Product.
5.2 The Borrower hereby creates a first and exclusive charge on the Product in favour of DMI.
5.3 Each Borrower represents and warrants to DMI as under:
(i) All the information provided by Borrower in the Loan Application and any other document, whether or not relevant for ascertaining the credit worthiness of the Borrower, is true and correct and not misleading in any manner;
(ii) The Borrower is capable of and entitled under all applicable laws to execute and perform the Financing Documents and the transactions thereunder;
(iii) The Borrower is above 18 years of age and this GC is a legal, valid and binding obligation on him/her, enforceable against him/her in accordance with its terms;
(iv) The Borrower declares that he/ she is not prohibited by any law from availing this Facility;
(v) No event has occurred which shall prejudicially affect the interest of DMI or affect the financial conditions of Borrower or affect his/her liability to perform all or any of their obligations under the Financing Documents;
(vi) Borrower is not in default of payment of any taxes or government dues;
(vii) The Borrower will do all acts, deeds and things, as required by DMI to give effect to the terms of this GC;
(viii) That there are no bankruptcy or insolvency proceedings against the Borrower.
5.5 THE BORROWER CONFIRMS THAT IT UNDERSTANDS THAT DMI SHALL HAVE IRREVOCABLE AND UNCONDITIONAL RIGHT ON OCCURRENCE OF DELINQUENCY OR AN EVENT OF DEFAULT TO INITIATE DEVICE FUNCTIONALITY RESTRICTION AND CONTINUE IT FOR SUCH TIME TILL THE DELINQUENCY OR DEFAULT IS NOT RECTIFIED. THE BORROWER ALSO UNDERSTANDS ON RECTIFICATION OF THE DELINQUENCY OR DEFAULT IT WILL TAKE DMI/SAMSUNG AROUND 48 HOURS TO DEACTIVATE DEVICE FUNCTIONALITY RESTRICTION AND THE BORROWER CONFIRMS THAT IT SHALL HAVE NO CLAIMS PERTAINING TO REASONABLE TIME TAKEN BY DMI/SAMSUNG FOR DEACTIVATING THE DEVICE FUNCTIONALITY RESTRICTION.
6. EVENTS OF DEFAULT
6.1 The following acts/events, shall each constitute an “Event of Default” by the Borrower for the purposes of the Facility:
(i) The Borrower fails to make payment of any Borrower’s Dues on Due Date, i.e. Delinquency;
(ii) Breach of any terms, covenants, representation, warranty, declaration or confirmation under the Financing Documents;
(iii) Any fraud or misrepresentation or concealment of material information by Borrower which could have affected decision of DMI to grant the Facility;
(iv) Death, lunacy or any other permanent disability of the Borrower;
(v) Occurrence of any events, conditions or circumstances (including any change in law) which in the sole and absolute opinion of DMI could have a Material Adverse Effect, including limitation of any proceedings or action for bankruptcy/liquidation/ insolvency of the Borrower or attachment / restraint of any of its assets.
6.2 The decision of DMI as to whether or not an Event of Default has occurred shall be binding upon the Borrower.
6.3 CONSEQUENCES OF DEFAULT: Upon occurrence of any of the Events of Default and at any time thereafter,
(i) DMI shall have the right, but not the obligation to declare all sums outstanding in respect of the Facility, whether due or not, immediately repayable and upon the Borrower failing to make the said payments within 15 (fifteen) days thereof, DMI may at its sole discretion exercise any other right or remedy which may be available to DMI under any applicable law, including seeking any injunctive relief or attachment against the Borrower or their assets;
(ii) DMI shall also have the unconditional right to immediately take possession of the Product;
(iii) DMI SHALL HAVE THE RIGHT TO INITIATE DEVICE FUNCTIONALITY RESTRICTION FOR SUCH PERIOD AS IT MAY DEEM FIT TILL THE RECTIFICATION OF THE DELINQUENCY / DEFAULT;
(iv) The Borrower shall also be liable for payment of all legal and other costs and expenses resulting from the foregoing defaults or the exercise of DMI remedies.
7.1 The Borrower acknowledges and authorizes DMI to disclose all information and data relating to Borrower, the Facility , default if any, committed by Borrower to such third parties/ agencies as DMI may deem appropriate and necessary to disclose and/or as authorized by RBI, including TransUnion CIBIL Limited (“CIBIL”). The Borrower also acknowledges and authorizes such information to be used, processed by DMI / third parties/ CIBIL / RBI as they may deem fit and in accordance with applicable laws. Further in Event of Default, DMI and such agencies shall have an unqualified right to disclose or publish the name of the Borrower /or its directors/ partners/co-applicants, as applicable, as ‘defaulters’ in such manner and through such medium as DMI / CIBIL/ RBI/ other authorized agency in their absolute discretion may think fit, including in newspapers, magazines and social media.
7.2 The Borrower shall not hold DMI responsible for sharing and/or disclosing the information now or in future and also for any consequences suffered by the Borrower and/or other by reason thereof. The provisions of this clause 8 shall survive termination of the GC and the repayment of the Borrower’s Dues.
9.1 The entries made in records of DMI shall be conclusive evidence of existence and of the amount Borrower’s Dues and any statement of dues furnished by DMI shall be accepted by and be binding on the Borrower.
9.2 Borrower’s liability for repayment of the Borrower’s Dues shall, in case where more than one Borrower have jointly applied for any Facility, be joint and several.
9.3 Borrower shall execute all documents and amendments and shall co-operate with DMI as required by DMI (i) to comply with any RBI guidelines / directives or (ii) for giving DMI full benefit of rights under the Financing Documents. Without prejudice to the aforesaid the Borrower hereby irrevocably consents that on its failure to do so, such changes shall be deemed to be incorporated in the Financing Documents and shall be binding on the Borrower.
9.4 Notwithstanding any suspension or termination of the Facility, all right and remedies of DMI as per Financing Documents shall continue to survive until the receipt by DMI of the Borrower’s Dues in full.
9.5 The Borrower acknowledges that the rate of interest, penal charges, service charges and other charges payable and or agreed to be paid by the Borrower under Financing Documents are reasonable and acceptable to him/ her.
9.6 THE BORROWER EXPRESSLY ACKNOWLEDGES AND CONFIRMS THAT IT SHALL NOT HAVE ANY CLAIMS AGAINST DMI REGARDING ANY INCONVENIENCE/DAMAGE CAUSED TO THE BORROWER OR ANY PERSON DUE TO EXERCISE OF DMI’S RIGHTS UNDER THIS GC INCLUDING DEVICE FUNCTIONALITY RESTRICTION.
9.7 THE BORROWER UNDERSTANDS THAT DEVICE FUNCTIONALITY RESTRICTION MAY BE ACTIVATED INADVERENTLY DUE TO VARIOUS REASONS OTHER THAN AS DETAILED IN THIS GC INCLUDING ANY TECHNICAL GLITCH AND SAMSUNG SHALL MAKE EFFORTS TO DEACTIVATE THE DEVICE FUNCTIONALITY RESTRICTION WITHIN 48 HOURS OF RECEIPT OF SUCH INFORMATION AND THE BORROWER EXPRESSLY ACKNOWLEDGES AND CONFIRMS THAT IT SHALL NOT HAVE ANY CLAIMS AGAINST DMI/SAMSUNG REGARDING ANY SUCH INCONVINIENCE/DAMAGE CAUSED TO THE BORROWER.
9.8 The Borrower expressly recognizes and accepts that DMI shall without prejudice to its rights to perform such activities itself or through its office employees be entitled and has full power and authority so to appoint one or more third parties (hereinafter referred to as “ Service Providers”) as DMI may select and to delegate to such party all or any of its functions, rights and power under Financing Documents relating to the sourcing, identity and verification of information pertaining to the Borrower, administration, monitoring of the Facility and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices contacting Borrower, receiving Cash/Cheques/Drafts/ Mandates from the Borrower in favour of DMI.
9.9 The Borrower acknowledges that the financing transaction hereunder gives rise to a relationship of debtor and creditor as between him / her and DMI and not in respect of any service rendered/to be rendered by DMI. Accordingly, the provisions of the Consumer Protection Act, 1986 shall not apply to the transaction hereunder.
9.10 The Borrower hereby authorizes DMI to verify all information and documents including, income proof documents, residence documents, address proof documents, identity documents and other such documents containing personal and financial information as are submitted by them for obtaining any Facility and that they also consent to subsequent retention of the same by DMI.
9.11 The Borrower acknowledges and authorizes DMI to procure Borrower’s PAN No./copy of Pan Card, other identity proof and Bank Account details, from time to time and to also generate / obtain bureau pull including CIBIL, Experian, Hunter reports and such other reports as and when DMI may deem fit. The Borrower also hereby gives consent and authorizes DMI to undertake its KYC verification by Aadhar e-KYC or otherwise and undertake all such actions as may be required on its behalf or otherwise to duly complete the process of such verification including by way of Aadhar e-KYC and share such information with any authority and store such information in a manner it deems fit.
9.12 In the event of any disagreement or dispute between DMI and the Borrower regarding the materiality of any matter including of any event occurrence, circumstance, change, fact information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of DMI as to the materiality of any of the foregoing shall be final and binding on the Borrower.
9. SEVERABILITY: The Borrower acknowledges that each of his/her obligations under these Financing Documents is independent and severable from the rest.
10. GOVERNING LAW AND JURISDICTION
11.1 All Facility and the Financing Documents shall be governed by and construed in accordance with the laws of India.
11.2 All disputes, differences and / or claims arising out of these presents or as to the construction, meaning or effect hereof or as to the right and liabilities of the parties under this GC shall be settled under the Rules of Delhi International Arbitration Centre by sole arbitrator appointed by the Centre in accordance with its Rules. The arbitration procedure shall be conducted in the English language and any award or awards shall be rendered in English.
11.3 Further, the present clause shall survive the termination of Financing Documents. The Courts at Delhi, India shall have exclusive jurisdiction (subject to the arbitration proceedings which are to be also conducted in Delhi, India) over any or all disputes arising out of the Financing Documents.
11. NOTICES: Any notice to be given to the Borrower in respect of Financing Documents shall be deemed to have been validly given if served on the Borrower or sent by registered post, email to or left at the address of the Borrower existing or last known business or private address. Any such notice sent by registered post shall be deemed to have been received by the Borrower within 48 hours from the time of its posting. Any notice to DMI shall be deemed to have been valid only if received by DMI at its above stated address.
12.1 The Borrower shall not be entitled to jointly or severally transfer or assign all or any of their right or obligation or duties under the Financing Documents to any person directly or indirectly or create any third-party interest in favour of any person without the prior written consent of DMI.
12.2 DMI shall be entitled to sell, transfer, assign or securities in any manner whatsoever (in whole or in part and including through grant of participation rights) all or any of its benefits, right, obligation, duties and / or liabilities under Financing Documents, without the prior written consent of, or intimation to the Borrower in such manner and such terms as DMI may decide. In the event of such transfer, assignment or securitization, the Borrower shall perform and be liable to perform their obligation under the Financing Documents to such assignee or transferor. In such event, the Borrower shall substitute the remaining PDCs/ECS in favour of the transferee/ assignee if called upon to do so by DMI.
13. INDEMNITY: The Borrower hereby indemnifies, defends and holds DMI, its employees, representatives and consultants harmless from time to time and at all times against any third party (including by a person to whom the Borrower has transferred the Product) against any liability, claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable attorney’s fees and expenses) as a result of or arising out of any failure by the Borrower to observe or perform any of the terms and conditions and obligations contained in the Financing Documents or Event of Default or the exercise of any of the rights by DMI under the Financing Documents, including for any enforcement of security or recovery of Borrower’s Dues.
I / We am / are aware that DMI shall agree to become a party to this GC only after satisfying itself with regard to all conditions and details filled by me / us in the GC and other Financing Documents in consonance with DMI policy. I / We agree that this GC (along with the TOS and PP) shall be concluded and become legally binding on drawdown of the Facility.
Name of the Borrower (from Aadhar)
Address of the Borrower (from Aadhar)
Device Model Number
Device IMEI number
Total Loan Amount
Total Payment Assistance Amount
Remaining Amount Paid By Borrower
Rate of Interest
Other fees or charges
Tenor (in Months)
EMI Amount per month due after assistance
First EMI Due Date
Payment assistance will be paid by Samsung to DMI prior to first EMI Due date of the customer.
Charges & Deductions applicable to this loan are as mentioned in the application form and have been explained to me. I/We confirm the receipt of General Terms & Conditions governing this loan, which have been signed by me/us in acceptance and a copy of which has been provided to me/us and confirm that the facility granted by DMI on above terms will also be governed by aforesaid General Terms and Conditions and my Loan Application.
ANNEXURE 2 – TERMS OF SERVICE
You hereby acknowledge and understand that you are downloading Samsung Sure Application on the ‘Samsung’ mobile device (“Device”) in pursuance of a consumer loan (“ Loan”) availed from financing partner as per the terms and conditions agreed between you and the financing partner under a loan agreement (“Loan Agreement”). You acknowledge and agree that Samsung is providing the Service to you on behalf of the financing partner.
APPLICATION TERMS OF SERVICE
IMPORTANT – PLEASE READ CAREFULLY BEFORE OPERATING THE SERVICE (DEFINED BELOW). THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SAMSUNG INDIA ELECTRONICS PVT. LTD. (“ SAMSUNG”) IN RELATION TO THE SAMSUNG SURE APPLICATION AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS AND/OR LICENSORS. BY AGREEING TO THESE TOS OR BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU WILL BE DEEMED TO HAVE READ AND UNDERSTOOD THESE TOS, AND AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THE TOS, THEN DO NOT INSTALL OR USE THE SERVICE. IF THESE TOS CHANGE AND YOU CONTINUE TO USE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH CHANGE, THEN IT WOULD BE DEEMED THAT YOU AGREE TO BE BOUND BY THE AMENDED TOS.
BY INSTALLING THE SERVICE, YOU ACCEPT THE TERMS AND CONDITIONS OF THESE TOS AND WARRANT TO SAMSUNG THAT YOU ARE COMPETENT TO CONTRACT UNDER THE APPLICABLE LAWS AND HAVE THE RIGHT, AUTHORITY AND CAPACITY TO USE THE SERVICE AND AGREE TO AND ABIDE BY THESE TOS.
To access the Service, you are required to download and install the Service on your Device. By installing the Service, you acknowledge and consent to receive, at any time, customer alerts, reminders, or any other communications from Samsung, its affiliates or the financing partner regarding repayment of dues as per the loan agreement, or in relation to offers for other products/ services offered by Samsung.
The Service, would allow you to view your account information (including your account ID/ payment bank account, amounts due at next payment and due dates) and payment details, access to online payment portals of financing partners to make required Loan repayments in accordance with the loan agreement, and customer support in relation to the same.
The Service, would ‘lock’ the Device in the event you fail to make payments as required under the Loan Agreement with financing partners. In the event of the ‘locking’ of the Device, you shall be allowed to use the Device only to access/ use mandatory services (as mandated under applicable laws), i.e., to make calls to designated emergency numbers, receive incoming calls, access your contacts and stored messages on such Device, and you may not disable the functioning of the satellite based GPS system feature.
1. Grant of License
Subject to the terms and conditions of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the Service. The services and features provided by the Service or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, device, operating system, or network operator. Unless you are an age of majority as per the applicable laws, you are not permitted to enter into these TOS or use the Service. Services are available to you only in India as of now. You agree not to use or attempt to use Services from outside this location. Samsung may use technologies to verify your compliance. However, Samsung will regularly update you regarding the change in permissible geography.
2. Reservation of Rights and Ownership
This Service includes software and data provided by third parties. You acknowledge that the Service is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the Service do not grant you any ownership interest in or to the Service, and you are granted only a limited license to use which is revocable in accordance with the terms of these TOS. You may not use the Service to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
Except for private and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Samsung or the financing partner. Any other use of the Service, including any commercial use, modification, display, distribution or republication without prior written consent of Samsung is strictly prohibited.
Except to the extent that mandatory Indian law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service; (ii) modify or disable any features of the Service, including the feature that allows for the ‘locking’ of the Device; (iii) create derivative works based on the Service; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the Service; (v) infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these TOS); (vi) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system; (vii) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
4. Update, Change or Suspension of the SERVICE
Samsung may, at any time, provide or make available updates or upgrades to the Service (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Service. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
Notwithstanding anything else contained in this TOS, Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the Service or any portion thereof at any time without notice or liability. You hereby understand that these TOS may be amended from time to time pursuant to any Updates, and agree to be bound by the amended TOS, as the case may be.
5. Third Party Services and Content
6. Consent for Collection and Use of Data
You acknowledge and agree that Samsung and/or parties that are entrusted by Samsung may collect and use information necessary to provide the Service and Updates, improve or enhance the Service. We may also share some information with our financing partners which is necessary to fulfill the financing partner’s obligations under the loan agreement.
7. Data Access
Some features of the Service may require your Device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The Service may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your Device or data access.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service.
9. Retrieval of data
In the event of ‘locking’ of the Device, you may approach Samsung customer care for the purposes of retrieving any data or information from the ‘locked’ Device. Samsung may, in its sole discretion, make such arrangements it deems appropriate for the purposes of providing you with the required data or information from the ‘locked’ Device, and in doing so, may require for you to provide certain information/ documents including for the purposes of identification, ascertaining ownership of the Device, ownership of data/ information contained in the Device etc., or for making arrangements for the transfer of such data/ information to you. You acknowledge and agree that you shall be responsible for any costs and expenses incurred by Samsung in the process of providing you with the data and information from the ‘locked’ Device.
These TOS are effective until terminated. The TOS can be terminated by Samsung at any time with notice to you (e.g., service website, pop-up through application, email or etc.). The TOS cannot be terminated by you till such that as any loan payments are outstanding under the loan agreement. Once the loan has been repaid, you can terminate these TOS by ceasing your use of the Service, and uninstalling, deleting and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon either your or Samsung’s termination of these TOS, you acknowledge that your rights as provided under these TOS shall stand terminated with immediate effect and you must immediately cease all use of the SERVICE.
11. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OR TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
12. Limitation of Liability
12.1 Samsung and you do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law..
12.2 Subject only to 12.1, Samsung shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if Samsung was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, special, consequential, or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data, (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or for network charges, or (iv) for your use of, or the inability to use, the Service, or the content, materials and functions related thereto, or any part thereof.
12.3 Subject only to 12.1 and 12.2, Samsung’s total financial liability to You arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid Samsung or Samsung’s affiliate specifically for this SERVICE.
12.4 You acknowledge that inclusion of any third party link on the Service does not imply that Samsung endorses the content published on that link and Samsung would not be held liable, whether directly or indirectly, in any manner in relation thereto. You also acknowledge that Samsung assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect the Device on account of your access to, use of, or browsing such third party links or downloading of any material, data, text, images, video content, or audio content from such third party links.
12.5 You acknowledge that the above provisions of clauses 11 and 12 are reasonable given the benefits of the Services and you will accept such risk and/or insure accordingly.
12.6 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA.
You hereby agree to defend, indemnify and hold harmless Samsung, as well as its independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of Service; (b) your violation of these TOS or any applicable law(s); (c) your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) your conduct in connection with the Service.
14. Applicable Law
These TOS and any contractual obligation between Samsung and you will be governed by the laws of India. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
15. Dispute Resolution
Any legal action or proceeding related to your access to, or use of, the SERVICE or these TOS shall be subject to the exclusive jurisdiction of the courts at New Delhi.
16. Entire Agreement
These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Even after termination, obligations mentioned under Clause 10 (Termination), Clause 11 (Disclaimer of Warranty), Clause 12 (Limitation of Liability), Clause 13 (Indemnification), Clause 14 (Applicable Law), Clause 15 (Dispute Resolution), Clause 17 (Survival) and Clause 18 (Communication) will continue and survive termination.
When you use the Service or send email(s) to Samsung, you are communicating electronically. You consent to be contacted by and receive communications electronically including by way of email or SMS, or through any other medium, at any time from Samsung. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICE, Samsung may send you Service announcements, administrative messages, and other information.
The headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these TOS.
[insert date of publication/ execution]
Samsung Sure Privacy Notice
Effective Date: February 21, 2018
Samsung Sure is a device locking application that would ‘lock’ the Device in the event you fail to make payments as required under the Loan agreement with Financing Partners. Samsung Sure would allow you to view your account information (including your account ID/ payment bank account, amounts due at next payment and due dates) and payment details, access to online payment portals of Financing Partners to make required Loan repayments in accordance with the Loan Agreement, and customer support in relation to the same.
In this Privacy Notice, we describe the types of information collected through the Samsung Sure, how we may use the information, how long we may keep the information, with whom we may share it and the choices available to you regarding our use of the information and exercising your rights. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices.
Information We Obtain
Through the Samsung Sure, we may obtain information about you in various ways. The types of personal information we obtain include:
• Account Information. When you log in, we may collect information associated with your Account such as your name, email address, mobile number, social profiling data, and repayment details. Samsung does not store or retain details of your credit/ debit card, bank account details or any other payment instrument used by you to make repayment of the due loan amount.
• The Samsung Sure Interactions. We may collect information you exchange through your interactions with the Samsung Sures such as transaction data. We also may obtain other information related to your use of the Samsung Sure, including the information (such as information related to the apps you use, the websites you visit and pictures, calendar entries, bookmarks, and content and data from other Samsung and third-party apps, websites and services) we receive from Samsung and third-party apps and services that are accessed or used by the Samsung Sure to provide you with the services (such as payment details).
• Geolocation Data. We may receive your device’s geolocation and other information related to your location through through GPS.
• Device and App Information. We may collect information through automated means about your Samsung Sure, such as device models, OS versions, device configurations and settings, IP addresses, and device identifiers and other unique identifiers. In addition, we may obtain information about how, when and for how long you use your Samsung Sure-enabled devices, including your usage of the Samsung Sure.
How We Use the Information We Obtain
We may use the information we obtain through the Samsung Sure to:
• provide you with the services, such as to respond to your requests, questions and instructions made through Samsung Sure;
• identify and authenticate you so you may use Samsung Sure;
• improve and customize your experience with the Samsung Sure, such as delivering content and responses tailored to our users and the manner in which they interact with the Samsung Sure;
• with your separate consent, communicate with you about our products and services, and provide you with notifications, content, alerts, offers, promotions, marketing information, communications and advertisements;
• respond to your requests and inquiries;
• operate, evaluate and improve our business (including developing new products; enhancing and improving our products and the services; managing our communications; analyzing our products, customer base and the services; conducting market research; performing data analytics; and performing accounting, auditing and other internal functions);
• allow you to interact with and use certain third-party apps and services;
• protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements, relevant industry standards and our policies, including this Privacy Notice.
Through Samsung Sure, we may collect personal information about your online activities on the Samsung Sure-enabled devices over time and across third-party apps, websites and other online services. We may use third-party analytics services on Samsung Sure. The providers that administer these analytics services help us analyze your use of the Samsung Sure and improve Samsung Sure.
We do not disclose personal information about you through the Samsung Sure, except as described in this Privacy Notice. We may share your personal information with our subsidiaries and affiliates and with service providers including the financing partners who perform services for us. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.
When you use the Samsung Sure to access or interact with third-party apps and services, we may send certain personal information to the providers of such third-party apps and services to provide you with the services you request. Examples of this information may include the loan repayment details, geolocation and other location data, and other data that helps facilitate the services you request. These third parties also may collect certain personal information directly from your devices through the Samsung Sure. Samsung is not responsible for these third-party providers’ privacy or security practices. The privacy and security practices of the relevant providers, including details on the information they receive from us or collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review.
Samsung, our subsidiaries and affiliates, and our third-party service providers also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, reorganization, dissolution or liquidation); or (7) otherwise with your consent.
Retention of Personal Data
Personal data will be retained only for so long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations and at least the duration of your use of the Samsung Sure.
You may not disable the Samsung Sure during the term of Loan provided by our financing partner. However, once the loan period is over, you can at any time by visiting the settings menu disable the Samsung Sure.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect personal information we obtain through the Samsung Sure against accidental, unlawful or unauthorized destruction, interference, loss, alteration, access, disclosure or use. Samsung also maintains reasonable procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current.
Updates to Our Privacy Notice
This Privacy Notice may be updated periodically to reflect changes in our personal information practices with respect to the Samsung Sure, or changes in the applicable law. We will post a notice on our website and/or your device to notify you of significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated.
How to Contact Us
To ask us questions about this Privacy Notice, please contact us at:
Samsung India Electronics Private Ltd.
20th to 24th Floor, Two Horizon Centre, Golf Course Road, Sector-43, DLF PH-V, Gurugram, Haryana – 122202
Contact Person (Grievance Officer): Ms. Gauri Taneja
Phone: + 91-124-488-1234