This Agreement sets forth the terms and conditions that apply to the access and use of the Website “https://www.onendf.com” and its Mobile Application (collectively be referred to as “Website”), which is managed and operated by Devick Biz Solutions Private Limited, (hereinafter collectively be referred to as “Company”/ “DBSPL”), incorporated under the laws of India and registered under the Companies Act, 1956.
This document/agreement (referred to as “Agreement”) is an electronic record in terms of Information Technology Act, 2000 and 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 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website.
Be sure to return to this page periodically to review the most current version of the TOU. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified by TOU.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINDED HEREUNDER.
1. Description and Acceptance of Services
Company, hereby offers you with access to information primarily about certain financial products/services including, but not restricted, to loan facility, Consultants for Insurance, CA services such as Property Title Search and Valuation, Insurance (collectively referred as “Service/s”). In addition, Company may provide third party services including but not limited to credit check services, and any other services to retrieve and use your information through third party sites (eg. bank sites etc.) in conjunction with your selection of the Services (“ancillary services”). The above said Services and ancillary services are provided on a commercially reasonably effort basis and you agree that your participation for availing the above mentioned services is purely at your will and consent.
Your continued usage of the Services and ancillary services from time to time would also constitute acceptance of the TOU including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
You agree and authorize the Company to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or SMS, from the Company or its third party vendors/business partners/ marketing affiliates regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided by you, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Company to share/disclose the information to any third party service provider or any affiliate, its group companies, authorized agents.
Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
2. License and Website Access
You acknowledge and agree that Company owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company`s prior written consent. The contents of the Website, including its “look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are the owned/licensed by/to Company and/or its third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.
Company grants you a limited license to access and make use of the Website, the Services and ancillary services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party or to create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Any unauthorized use by you shall terminate the permission or license granted to you.
By using the Website you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or restrict or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
4. Your Registration/Account
You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID (as may be applicable in accordance with the Service selected), allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your (“Registration Information”). You agree that you are responsible for maintaining the confidentiality of your Login ID and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account or password. Because of this, we strongly recommend that you exit/ logout from your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. You further agree that Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Company.
You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services and ancillary services by or through Company. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services. Additional terms and conditions will apply to your purchase of services that you select. Please read these additional terms and conditions carefully.
5. Customer Due Diligence requirements (CDD)
You agree and acknowledge that for undertaking any financial transaction through the website, Our Company may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of loan/credit card/mutual fund and other financial product requirements with the banks/financial institutions, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules. Our Company may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that Our Company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable PMLA Act and rules.
You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the Company.
7. Submitted Content
By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Company shall not be responsible for any content you make available on or through the Website. At Company`s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
8. Third Party Links/Offers
This Website may provide links to other websites or resources. Since the Company has no control over such third party websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
10. Disclaimer of Warranty
You expressly understand and agree that your use of the Services, ancillary services and all information, products, other services and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services and ancillary services are provided on an “as is” and “as available” basis. Company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.
The Company expressly disclaim all warranties of any kind as to the Services, ancillary services and all information, products, services and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Company and its service providers, affiliates, business partners make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.
Prices for Products available on our Website and are incorporated into this TOUs by reference. All prices, whether specified or not, are in Indian rupees. Prices, Products and Services are offered by the Company’s business partners, and may change in accordance with the brand guidelines or other terms and conditions applicable to each of the business partners of DBSPL. In some cases Services and prices are offered by the Company itself and it reserves the right to modify the use and prices of such Services. You further undertake that by initiating a transaction, you are entering into a legally binding and enforceable contract with these business partners of the Company, to purchase the products or avail the services using such payment facilities as may be permitted by applicable laws and as may be accepted by the Company.
The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. The Company does not charge any Registration or Membership fee for setting up a video call with the Bank / NBFC or discuss the loan eligibility of the customer.
All such fees that the Company may charge will be intimated to the users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Company shall be in Indian Rupees. Your continued use of the Company shall be deemed as an acceptance of the amended terms of the TOU.
While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Any payment issues arising out of the transaction, or
3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
4. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of you/your transaction.
Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
You hereby agree to provide accurate information, such as credit/debit information for purchasing any Service or product on or through the Website. You further warrant that you shall not use payment information or instrument that is not lawfully owned by you. In addition to this TOUs, the terms and conditions of the bank or other financial institution shall also be applicable to every user.
DBSPL shall not be held responsible and shall bear no liability in case of failure or delay of delivering the products or services including any damage or loss caused to you due to such delay. No deliveries of the products/services shall be made outside the territorial boundaries of India.
11. Limitation of Liability
You expressly understand and agree that the Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.
Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s)/ Services on this Website, if applicable.
The Company has no control over the third party websites which would be provided to you through its Website. You acknowledge and agree that under no circumstance shall the Company be liable for your using the services offered or provided by any third party service provider.
You agree to indemnify and hold Company (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Website.
You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Release”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services. You agree to defend, indemnify, and hold harmless the Release from and against any and all Losses resulting from claims made against the Company by third parties arising from and in connection with this Authorization.
13. Additional Terms and Conditions
Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of other.
Company may, from time to time, announce certain offers with intent to promote its Website and/or Services/ ancillary services (“Promotional Offer/s”). The Promotional Offer(s) would always be governed by this TOU plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these TOU, to the extent they may be in conflict with these Terms. Company reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOU and the relationship between you and Company will be governed by the laws of the India without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be New Delhi, India. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The Website specifically prohibits you from usage of any of its Services in countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in New Delhi, India having exclusive jurisdiction. The failure of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This TOU constitutes the entire agreement between you and Company and governs your use of the Website, superseding any prior agreements between you and Company with respect to the Website.
Devick Biz Solutions Private Limited, on behalf of itself and its affiliates/group companies under the brand “DBSPL” (“DBSPL”), is the author and publisher of the internet resource www.onendf.com and the mobile application ‘OneNDF’ & ‘OneNDF Loan Pundit’ (together, “Website”). DBSPL owns and operates the services provided through the Website.
1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
i. A Loan DSA or service provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such banks or Financial institutions (“Bank / Financial Institution (s)”, “you” or “User”); or
ii. A visitor, his/her representatives or affiliates, searching for associates of Banks / Financial Institutions through the Website (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by DBSPL on the Website, which are offered free of charge to the Users (“Services”), including the following:
iv. For Consultants: Listing of Consultants and their profiles and contact details, to be made available to the other Users and visitors to the Website;
v. For other Users (the customers and the representatives of the Banks / Financial Institutions: Facility to (i) create and maintain ‘User Account’, (ii) search for Banks / Financial Institute by name, service provided, and geographical area, or any other criteria that may be developed and made available by DBSPL, and (iii) to make appointments with representatives of Banks / Financial Institutions.
The Services may change from time to time, at the sole discretion of DBSPL, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. However; neither DBSPL nor any representative of the Bank / Financial Institution may charge the Customer or the Visitor for booking a meeting online or ddiscussing the loan proposal.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of DBSPL.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi. the Indian Contract Act, 1872,
vii. the (Indian) Information Technology Act, 2000, and
viii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to DBSPL that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Consultants.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 DBSPL may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of DBSPL’s services and to build new services.
3.1.3 The Website allows DBSPL to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Consultants and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom DBSPL will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
3.1.6 DBSPL shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to DBSPL or to any other person acting on behalf of DBSPL.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DBSPL of any actual or suspected unauthorized use of the User’s account or password. Although DBSPL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DBSPL or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DBSPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DBSPL has the right to discontinue the Services to the User at its sole discretion.
3.1.9 DBSPL may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
DBSPL’s relevance algorithm for the associates of the Banks / financial Institutions is a fully automated system that lists the associates of the Banks / financial Institutions, their profile and information regarding their current profile in their respective Bank / Financial Institution. These listings do not represent any fixed objective ranking or endorsement by DBSPL. DBSPL will not be liable for any change in the relevance of the associates of the Banks / financial Institutions on search results, which may take place from time to time. The listing of associates of the Banks / financial Institutions will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. DBSPL in no event will be held responsible for the accuracy and the relevancy of the listing order of the associates of the Banks / financial Institutions on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 The Services provided by DBSPL or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). DBSPL does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. DBSPL does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, DBSPL disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by DBSPL or any User in relation to any User or services provided by such User.
3.3.2 The Website may be linked to the website of third parties, affiliates and business partners. DBSPL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that DBSPL endorses the linked site. User may use the links and these services at User’s own risk.
3.3.3 DBSPL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.4 If DBSPL determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, DBSPL reserves the right to immediately suspend your access to the Website or any of your accounts with DBSPL and makes such declaration on the website alongside your name/your clinic’s name as determined by DBSPL for the protection of its business and in the interests of Users. You shall be liable to indemnify DBSPL for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DBSPL or its Users.
3.4 BOOK APPOINTMENT AND CALL FACILITY
DBSPL enables Users to connect with associates of the Banks / financial Institutions & Consultants through two methods: a) Book facility that allows Users book an appointment through the Website or the app; b) Value added telephonic services number provided on the Website.
3.4.1 DBSPL will ensure Users are provided confirmed appointment on the Book facility. However, DBSPL has no liability if such an appointment is later cancelled by the associates of the Banks / financial Institutions or the Consultant, or the same associates of the Banks / financial Institutions or Consultant is not available for appointment.
3.4.3 The results of any search Users perform on the Website for associates of the Banks / financial Institutions or the Consultant should not be construed as an endorsement by DBSPL of any such particular associates of the Banks / financial Institutions or the Consultant. If the User decides to engage with a associates of the Banks / financial Institutions or the Consultant to seek any kind of financial services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, DBSPL is not involved in providing the loan or advice or service and hence is not responsible for any interactions between User and the associates of the Banks / financial Institutions or the Consultant. The User understands and agrees that DBSPL will not be liable for:
i. User interactions and associated issues User has with the associates of the Banks / financial Institutions or the Consultant;
ii. the ability or intent of the associates of the Banks / financial Institutions or the Consultant or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong consultancy or inadequate services being given by the associates of the Banks / financial Institutions or the Consultant or any negligence on part of the associates of the Banks / financial Institutions or the Consultant;
iv. any misconduct or inappropriate behaviour by the associates of the Banks / financial Institutions or the Consultant or the Consultant’s staff;
v. cancellation or no show by the associates of the Banks / financial Institutions or the Consultant or rescheduling of booked appointment, provided these have been addressed to under, DBSPL Guarantee Program.
3.4.5 Users are allowed to provide feedback about their experiences with the associates of the Banks / financial Institutions or the Consultant, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, DBSPL shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular associates of the Banks / financial Institutions or the Consultant from the Website.
3.4.6 In case of a ‘Visitor-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned associates of the Banks / financial Institutions or the Consultant’s slot:
i. User’s account will be temporarily disabled from booking further online appointments on onendf.com for next four (4) months, in case of, three(3) Valid PNS, as per the Visitor No Show Policy. However, the User can continue to call the Required Bank Manager / Consultant via DBSPL.com to get an appointment.
ii. Visitor- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the associates of the Banks / financial Institutions or the Consultant in advance about the same. When associates of the Banks / financial Institutions or the Consultant informs DBSPL of the incident or marks a particular appointment as P.N.S. using the OneNDF app or via onendf.com within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, DBSPL shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the associates of the Banks / financial Institutions or the Consultant.
iii. Following instances, solely at the discretion of DBSPL, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
a. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
b. In case User responds to the PNS Communication with below reasons:
a. Forgot the appointment
b. Chose to visit another associates of the Banks / financial Institutions or the Consultant online;
c. Busy with other work; or such other reasons (which DBSPL at its discretion decides to be a valid reason to not show up).
c. Where the User has booked a paid appointment and is unable to visit the associates of the Banks / financial Institutions or the Consultant, due to such genuine reasons of sickness etc. at the sole discretion of DBSPL, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
iv. DBSPL reserves the right to make the final decision in case of a conflict. The total aggregate liability of DBSPL with respect to any claims made herein shall be INR 200.
3.4.7 Cancellation Policy
i. In the event that, the associates of the Banks / financial Institutions or the Consultant with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at email@example.com within five (5) days from the occurrence of such event. In case where the User, does not show up for the appointment booked with a Consultant, without cancelling the appointment beforehand, will be treated as under Clause 3.4.6.
3.6 CONSULT: Inorder to have a registration on onendf.com website or with OneNDF Loanpundit; the associates of the Banks / financial Institutions or the Consultant has to have a valid and legitimate referral / DSA contract with the Bank / Financial Institution. Only those associates of Banks / Financial Institutions will be listed on OneNDF Platform; wherein DBSPL or its associated companies have a valid agreement with the associated Bank / Financial Institution.
3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to DBSPL. The information that is collected by DBSPL directly or indirectly from the End- Users and the associates of the Banks / financial Institutions or the Consultant associates of the Banks / financial Institutions or the Consultant shall belong to DBSPL. Copying of the copyrighted content published by DBSPL on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DBSPL reserves its rights under applicable law accordingly.
3.8.2 DBSPL authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “DBSPL Content”), are the property of DBSPL and are protected under copyright, trademark and other laws. User shall not modify the DBSPL Content or reproduce, display, publicly perform, distribute, or otherwise use the DBSPL Content in any way for any public or commercial purpose or for personal gain.
3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.9 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to associates of the Banks / financial Institutions or the Consultant or other professionals. The role of DBSPL in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. DBSPL disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. DBSPL shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. DBSPL, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that DBSPL may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or DBSPL’s services; and/or
ii. Obtaining feedback in relation to any associates of the Banks / financial Institutions or the Consultant listed on the Website; and/or
iii. Resolving any complaints, information, or queries by associates of the Banks / financial Institutions or the Consultant regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by DBSPL. DBSPL’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
The terms in this Clause 4 are applicable only to associates of the Banks / financial Institutions or the Consultant.
4.1 LISTING POLICY
4.1.1 DBSPL, directly and indirectly, collects information regarding the associates of the Banks / financial Institutions or the Consultant’ profiles, contact details, and practice. DBSPL reserves the right to take down any associates of the Banks / financial Institutions or the Consultant’s profile as well as the right to display the profile of the associates of the Banks / financial Institutions or the Consultant, with or without notice to the concerned associates of the Banks / financial Institutions or the Consultant. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform DBSPL immediately to enable DBSPL to make the necessary amendments.
4.1.2 DBSPL shall not be liable and responsible for the ranking of the associates of the Banks / financial Institutions or the Consultant on external websites and search engines
4.1.4 DBSPL reserves the right to moderate the suggestions made by the associates of the Banks / financial Institutions or the Consultant through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, DBSPL shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Consultants are added to the Website.
4.1.5 The Associates of the Banks / financial Institutions or the Consultant explicitly agree that DBSPL reserves the right to publish the Content provided by associates of the Banks / financial Institutions or the Consultant to a third party including content platforms.
4.1.6 You as an associate of the Banks / financial Institutions or the Consultant hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DBSPL accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
DBSPL ensures easy access to the associates of the Banks / financial Institutions or the Consultant by providing a tool to update your profile information. DBSPL reserves the right of ownership of all the associates of the Banks / financial Institutions or the Consultant’s profile and photographs and to moderate the changes or updates requested by associates of the Banks / financial Institutions or the Consultant. However, DBSPL takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using DBSPL’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, DBSPL may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DBSPL
4.3.1 All Critical Content is content created by the Users of www.onendf.com (“Website”) and the clients of DBSPL customers and associates of the Banks / financial Institutions or the Consultant including the End-Users. As a platform, DBSPL does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of DBSPL and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. DBSPL’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 DBSPL reserves the right to collect feedback and Critical Content for all the associates of the Banks / financial Institutions or the Consultant listed on the Website.
4.3.3 DBSPL shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. DBSPL shall not be liable for any effect on associates of the Banks / financial Institutions or the Consultant’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. DBSPL however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 DBSPL will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6If DBSPL determines that you have provided inaccurate information or enabled fraudulent feedback, DBSPL reserves the right to immediately suspend any of your accounts with DBSPL and makes such declaration on the website alongside your name/your clinics name as determined by DBSPL for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
DBSPL has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the Visitors. It is a pure merit driven, proprietary algorithm which cannot be altered for specific associates of the Banks / financial Institutions or the Consultant. DBSPL shall not be liable for any effect on the associates of the Banks / financial Institutions or the Consultant’s business interests due to the change in the Relevance Algorithm.
4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by DBSPL.
4.6 DBSPL REACH RIGHTS
DBSPL reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, DBSPL will not be liable for the accuracy of information or the claims made in the Sponsored ads. DBSPL does not encourage the Users to visit the Sponsored ads page or to avail any services from them. DBSPL will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DBSPL accepts no liability for the same.
4.8 BOOK APPOINTMENT AND CALL FACILITY
4.8.1 As a valuable partner on our platform we want to ensure that the associates of the Banks / financial Institutions or the Consultant experience on the DBSPL booking platform is beneficial to both, associates of the Banks / financial Institutions or the Consultant and their Users.
For all terms and conditions of Book facility on DBSPL profile check Booking Standards
4.8.2 The associates of the Banks / financial Institutions or the Consultant understands that, DBSPL shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by associates of the Banks / financial Institutions or the Consultant. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of DBSPL.
4.9 CONSULTANT UNDERTAKING
Any Consultant listed on the website is and shall be duly registered, licensed and qualified to practice the services offered by them individually / via a company, as per applicable laws/regulations/guidelines set out by competent authorities and the Consultant shall not be part of any arrangement which will prohibit him/her from practicing their service within the territory of India. The Consultant shall at all times ensure that all the applicable laws that govern the Consultant shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by DBSPL to associates of the Banks / financial Institutions or the Consultant, Consultant shall (subject to its reasonable right to review and approve): (a) allow DBSPL to include a brief description of the services provided by the associates of the Banks / financial Institutions or the Consultant in DBSPL’s marketing, promotional and advertising materials; (b) allow DBSPL to make reference to associates of the Banks / financial Institutions or the Consultant in case studies, and related marketing materials; (c) serve as a reference to DBSPL’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the associates of the Banks / financial Institutions or the Consultant’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials. Such content, logo etc will only be used after obtaining the necessary approvals from the respective Banks / financial institutions as deemed fit.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, DBSPL hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. 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;
iii. infringes any patent, trademark, copyright or other proprietary rights;
iv. violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any DBSPL Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by DBSPL;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the DBSPL Content or other information available from the Website;
viii. framing or hot linking or deep linking any DBSPL Content.
ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 DBSPL, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. DBSPL shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.5 DBSPL may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit DBSPL to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by DBSPL as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DBSPL or any person on its behalf and the User or where the User has consented to data transfer.
DBSPL respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 DBSPL reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. DBSPL is unable to verify or authenticate any information provide to DBSPL by a User;
iv. DBSPL has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. DBSPL believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DBSPL or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
8. RETENTION AND REMOVAL
DBSPL may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 You agree that this Agreement and any contractual obligation between DBSPL and User will be governed by the laws of India.
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DBSPL. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3 Subject to the above Clause 9.2, the courts at New Delhi, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Shipra Kochhar
Devick Biz Solutions Pvt Ltd
310 Third Floor Gagandeep Building,
New Delhi – 110008
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DBSPL. Any consent by DBSPL to, or a waiver by DBSPL of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Devick Biz Solutions is an authorized channel partner / Referral with all the Banks / NBFC’s listed on its website https://www.onendf.com. This arrangement is termed “DSA”. At OneNDF, we do not charge our clients for any consultation or processing of loan files. We get our Payout / Referral Commission from the Banks / NBFCs.
Incase; there is a scenario where we charge the customer – we will send an official mail from our official ID through Official representatives of OneNDF (DBSPL). Please note – the charges if at all; applicable are only at the time of Disbursement of the Case.
We do not charge our customers for talking to the Bankers (Voice / Video / Chat) or for using the EMI calculator facility, Credit Score Facility.