This Agreement is a legal, binding terms and conditions between OYE Fintech Private Limited, (hereinafter referred to as “OYE”, “Company”, “We”, “Us” or “Our”) and any person accessing and using our website – https://www.terafinlabs.com (hereinafter referred to as the “User”, “You” or “Your”).
The Company along with its Affiliates have developed TERA, an Artificial Intelligence enabled Risk Tech Solution which helps lending institutions (“Lender/Client”) to leapfrog their digital transformation journey without any capital expenditure (“Application”/ “App”). Our Clients leverage our capabilities to onboard customers, evaluate risks and to take credit decisions. It is hereby understood that OYE does not directly provide any loan or financial services to the customers and OYE is not a financial institution under the laws of India.
These T&Cs shall become effective immediately upon acceptance (as indicated by accessing the Website) by the User. The date of such acceptance shall hereinafter be referred to as the “Effective Date”.
Should you disagree with any of the T&Cs stipulated herein (in part or in entirety), the User is hereby directed to refrain from accessing, registering, logging-in on the Platform or have any access to our Services.
The terms of this Agreement are subject to change at any time without notice. User must review these T&Cs (as available on the Website) periodically to ensure that the User is duly aware of any changes. Continued use of the Site/Platform/Product after any such changes shall constitute User consent to such changes. Unless specified otherwise, OYE and User shall hereinafter be referred to collectively as “Parties” and individually as “Party” and also deem to mean and include their respective successors, assigns and/or legal heirs as may be applicable.
By acceding to these T&Cs and/or registering or contacting us through the website, the User represents and warrants that: (a) User is an individual of at least 18 years of age and eligible to contract as per Indian Contract Act, 1872, (b)There is no contract of any nature, operative and in force, to which User is a party (directly or indirectly) or under which the User may be otherwise bound or subject to, which contains any terms or provisions that in any manner restrict, limit, prevent, prohibit or make unlawful Your compliance and/or performance of the terms of this Agreement and (c) User will at all times during the subsistence of these T&Cs and for the entire tenure of usage, comply with all applicable laws and regulations.
We will endeavour to ensure that the Website is available at all times. However, we reserve the right to withdraw or amend the service we provide without notice for any reason, for example, it may be necessary to suspend the service to carry out maintenance. Furthermore, access to the Website may be interrupted by circumstances beyond our control. We will not be liable if for any reason our Website is unavailable at any time for any period.
The User shall at all times directly (and not through any other person) use and access the website only using authorized and lawful means and per the terms and conditions herein.
The User will not use the Application/Product/Platform/Site, or any other medium, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, infringing, illegal or deceptive content; use Application/ Product/Platform to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to the Platform or any other software, hardware, services or data.
OYE shall be entitled to and User hereby provides its consent to use the User Content, Variable Information and any other data arising out of the User’s usage of the Application/ Product/Platform/Site and Services in any manner whatsoever including without limitation for the purpose of creation and generation of reports and analyses, any benchmark testing information or results, research, presentation, development purposes and analytics by OYE or any other third party contracted by OYE for such purposes.
The Website may contain links to other websites or URL (“Linked Sites”). The Linked Sites are not under the control of OYE or the Website and OYE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OYE is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The Users are not entitled (nor will you assist others) to set up links from other websites to this Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant, withhold and withdraw at our absolute discretion.
The User will not attempt to gain unauthorized access to any accounts, computer systems or networks connected to the website, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to the User;
We communicate with the users of our platform on a regular basis to provide requested services and regarding issues relating to their usage or services, we reply via email or phone, based on the User(s) requirements and convenience.
You may not copy material from this Website for commercial use but you may copy material in limited quantities for your personal non-commercial use. We reserve the right to terminate, at any time, your permission to make personal copies of material from this Website.
Nothing on this Website should be construed as a license to use any trademarks displayed on this Website. Your use of such trademarks is strictly prohibited.
The User shall defend, indemnify and hold OYE, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) its violation or breach of this Agreement or any applicable law or regulation; (ii) its violation of rights of any third party; (iii) its use or misuse of the website and/or Services; or (iv) any and all third-party claims based on the content of any communications transmitted by the User, or (v) any fraud, misrepresentation or negligence of the User.
Notwithstanding anything contained elsewhere in this Agreement, to the extent permitted by law, OYE hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, express or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
Your use of this Website and material from this Website is at your own risk.
We will try to ensure that the information on the Website is correct and up-to-date but we make no warranties or representations about the accuracy and completeness of the content on the Website. The Application/Product/Platform/Site and Services are provided strictly on an “as is” and “as available” basis. Notwithstanding anything contained in this Agreement, OYE does not warrant that the Application/Product/Platform/Site: (i) will perform error-free or uninterrupted, or that OYE will correct all or any errors or defects (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by OYE, (iii) will meet the User’s requirements, specifications or expectations.
Notwithstanding anything contained elsewhere in this Agreement, to the extent permitted by law, in no event shall OYE be liable to the User or anyone claiming under the User for the cost or loss including but not limited to any direct, special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if the User is advised of the possibility of such damage.
OYE or anyone else involved in administering, distributing or providing the website and/or Services further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communication facilities or equipment (“Harmful Code”) that may be transferred to the Devices when accessing the website. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. The User is advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of its Devices.
Confidentiality: The User recognizes that in the course of the transactions envisaged by these T&C, the User may be privy to certain confidential information (whether or not the information is marked or designated as “confidential” or “proprietary”) relating to OYE and such Persons who the User connects, interacts with or views on the Platform including the Intellectual Property, legal, financial, technical, commercial, marketing and business related records, data, documents, reports, etc., User Content, the terms of this Agreement, the details of the negotiations between the Parties (“Confidential Information”). Save as otherwise provided under these T&C, the Confidential Information shall not be disclosed to any third party and the User shall at all times be under the responsibility to maintain the Confidential Information in utmost strict confidence.
Survival: Any clause that by its nature should survive termination of these T&C shall continue to remain in effect even after the termination of this Agreement including but not limited to Confidentiality, Consequences of Termination, Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitation of Liability and Miscellaneous Provisions.
Governing Law and Dispute Resolution: These T&C shall be governed by the laws of India and the courts at Chennai shall have the exclusive jurisdiction. Any claim, controversy or dispute (collectively referred to as “Disputes”) arising out of or under these T&Cs, if not settled by mutual agreement between the Parties shall be referred to arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by a sole arbitrator to be appointed by OYE. The arbitral proceedings shall be conducted in English and shall be governed by and construed in accordance with the laws of India and such award shall be binding on the Parties. As such, the User waives any right to challenge the exclusivity of jurisdiction of Chennai courts to adjudicate any disputes arising out of these T&Cs in accordance with the laws of India.
Amendments: These T&Cs may be amended, modified, superseded, or cancelled, and the same shall be updated online in the Website. The User undertakes to check and verify such amendments on a periodical basis. User’s continuance of registration/usage after the date of such amended terms shall be deemed to constitute acceptance of such amended terms.
Force Majeure: Neither Party shall be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, Government restrictions, pandemics/epidemics, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
This Agreement 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. This electronic record is generated by a computer system and does not require any physical or digital signatures.