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a. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
b. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website ‘https://meraemi.com’ (hereinafter referred to as the “Website”) which is owned and operated by Checklyst Solutions Pvt. Ltd. (hereinafter referred to as the “Company”), having offices at 2, Framroz Court, Dadasaheb Phalke Road, Dadar (East), Mumbai – 400 014; where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
c. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii. The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the Company, as the context so requires.
iii. The term ‘Services’ shall mean the business of running a marketplace platform for personal financial products like personal loans, business loans, home loans, mortgages, credit cards, etc.
iv. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
d. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
e. The use of this Website by the User is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
f. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
Unregistered users shall be able to visit the Website to fully understand the scope of the Services and to access the landing page, articles, calculator, financial literacy etc. However, to fully avail the Services of the Website and use of it, a one-time registration is required to create a profile. You may access the Services by signing in as User by providing the following information which shall include but not be limited to full name, email ID, mobile number and postal address. This information is used to provide Users with important services and information that may be customised to their demographic, interests and desired product category(ies). After registration, the User account shall be deemed to be active only upon registration approval by the Company. At this stage, We are accepting only Facebook-based registration along with mobile-based One Time Password (OTP) verification as part of the process.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The Website is an marketplace platform for personal financial products like Personal Loans, Business Loans, Home Loans, Mortgages, Credit Cards etc. offering loan life-cycle related solutions/services.
The Website pairs borrowers to lenders online by allowing Users to check eligibility for loans by comparing User details with lender policies to curate for better matches. We allow for Users to apply with selected lenders directly by sharing application data with lenders online using Application Programming Interface (API) protocols to offer real-time credit decisions (In-principle Approvals/Sanctions) on the basis of information provided by users.
Once the User selects lender approval, they upload documents required by the lender for processing the application. Users are periodically updated using messenger-based communication options about the status of the loan. Once the loan is disbursed, we create a portfolio tracker record for the User.
We offer Portfolio Tracker services to Users where they can update their existing loan details to allow the portfolio tracker to track all their existing loans. We additionally offer tools in the form of EMI master calculator, Loan Transfer Benefit Calculator and Check Eligibility Calculator which allows user/s to calculate various loan calculations. We offer content in the form of Financial Literacy Videos, Articles and Facebook page for engagement, and plan to vary, improve, expand and modify our Services from time to time.
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All the graphics, designs, images and artwork (collectively, ‘Content’), is generated/provided by the Website. The loan products on the Website have been sourced from third-parties and have not been developed by the Company itself. All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company.
The Website is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by Users shall be made via the Website, the Website bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the products that are available on the Website as the same have been developed by third-party lenders.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. Users shall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
A User may terminate their use of the Website at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the Website without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Website also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
By using this Website, and providing his/her identity and contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, auto-dialled and/or pre-recorded message calls and e-mails from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy regarding special offers and daily updates. In the event that the User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email at service@meraemi.com from registered email address. The User agrees and acknowledges that it may take up to Thirty [30] business days or longer for the Company to give effect to such a request by the User.
Registration on this Website is free for Users and this includes accessing the Website. However, we reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
The User agrees and acknowledges that they are a restricted User of this Website, and that they:
a. Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Authorize the Website to use, store or otherwise process certain personal information and all published Content and User comments and reviews and ratings for marketing and promotional purposes, and for optimisation of User-related options and services..
e. Understand and agree that, to the fullest extent permissible by law, the Website/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Website or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
f. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company.
g. Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website.
h. The User may report any offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
i. The Website permits the User to post, or upload data/information as User comments, feedback or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
a. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
b. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
c. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
d. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
f. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
g. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;
h. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);
i. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;
j. Violate any applicable laws, rules or regulations currently in force within or outside India;
k. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
l. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
m. Publish, post, or disseminate information that is false, inaccurate or misleading;
n. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
o. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
p. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
You (the User) agree to indemnify, defend and hold harmless the Company/Website, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
a. Your use of the Website,
b. Any information or messages you provide;
c. Your violation of these Terms and Conditions;
d. Your violation of any rights of another;
e. Your alleged improper conduct pursuant to these Services;
f. Your conduct in connection with the Website;
g. Your internal disputes amongst other Users
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent. In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the services or materials contained therein.
a. The Founders/ Promoters/ Associated people of the Website are not responsible for any consequences arising out of the following events:
i. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. if the User has fed incorrect information or data or for any deletion of data;
iii. if there is undue delay or inability to communicate through email;
iv. If there is a failure in the functioning of any other service provided by the Website.
b. The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.
c. The Website accepts no liability for data loss, data theft, crash in data, server downtime and any related losses incurred by Users pursuant to sharing of data.
d. The Website accepts no liability for any losses that may be incurred pursuant to the public beta stage of the Website.
e. The Website accepts no liability for any consequences that may arise from storing User data in public, cloud and local device cache memory or for sharing data with third-party administrators/associates for engaging with Users for a betterUser experience.
f. Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
g. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
h. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
i. To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
The information published on the Website in respect of services are for general information and reference purposes only, and are not intended to be of an authoritative nature under any circumstances. The products and plans are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain services available on the Website are the property of the Company, including services such as the Eligibility Application, the various Calculators and the loan tracker, and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the loan products on the Website. Any reliance you place on such information is therefore strictly at your own risk. Further, the Company endeavours to keep your data safe and secure through various methods including encryption, but shall not bear liability for any failure of the same.
The Company bears no responsibility whatsoever for any consequences arising from the use of the said products by Users. The products, as mentioned earlier, have not been developed by the Company and have been sourced from various third-party companies and other lender entities. While the Company has endeavoured to only display high-quality and reliable loan products on the Website, the Company is not responsible for any deficiency, discrepancy or other problem with any of the loan and financial products.
The use of the platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and the and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Website.
The final decision regarding which products to avail of from the Website shall be at the sole discretion of the User. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website. Through this website you may be able to link to other websites through advertisements which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images after being sent in by the Users and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. The User agrees and undertakes that they are accessing the Website and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with lenders pursuant to use of the Website and the Website doesn’t make any warranty about the conduct of lenders or any third-parties.
c. The Company/Website does not guarantee that the functions, products and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
d. The Website is and shall avail services from third parties to serve You better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems.
e. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by writing to its Grievance Officer whose details are as under:
Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, or if you feel that your MeraEMI Account has been hacked or taken over, please visit https://meraemi.com/#contact to reach us directly or write to us on service@meraemi.com and we shall respond at our earliest.