LAST UPDATED: [19 September 2022]
These Terms constitute a binding and enforceable legal contract between Ohm Mobility Private Limited (“Company”, “we”, or “us”) and any end user of the Services (“you, user”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
(a) The Platform allows users who have taken vehicle financing loans from financial institutions (“Financiers”) to repay such loans in flexible daily payments. Further, we may also facilitate the provision of financial products and services to you (all the services described here, including the provision of the Platform and its features, collectively constitute the “Services”).
(b) In the event you choose to avail any of our additional features or functions (“Additional Services”), you shall be bound by the terms of such Additional Services in addition to these Terms.
2. PROFILE CREATION
(a) To avail the Services, you would be required to create a profile on the Platform (“Profile”). In addition to setting up username and password to create the Profile, you will be required to furnish certain details, including but not limited to (i) phone numbers, (ii) loan account details, (iii) details of the vehicle for which you availed the loan and (iv) costs related to fines and other value added services with respect to the vehicle. You warrant that all information furnished in connection with your Profile is and shall remain accurate and true in all respect, and agree that you shall promptly update your details on the Platform in the event of any change or modification.
(b) You are solely responsible for maintaining the security and confidentiality of your username and password, and agree to immediately notify us of any disclosure or unauthorised use of your Profile or any other breach of security with respect to your Profile.
(c) You expressly agree to be liable and accountable for all activities that take place through your Profile. We shall in no manner be held liable for any unauthorised access to your Profile.
(d) You agree to receive communications from us regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about us and our Services; (iv) promotional offers and services from us and our third party partners, and (v) any other matter in relation to the Services.
(a) We may be required to undertake certain “know your customer” processes in relation to users who intend to avail certain features of the Services. In this regard, we from time to time shall require you to upload information and documents that may be necessary to ascertain your eligibility to use certain features of the Services (“KYC Documents”).
(c) You agree and warrant to provide true, complete, and upto date KYC Documents and Additional Information. You further acknowledge that (i) any false or misleading information provided in this regard shall constitute a material breach of these Terms, and (ii) your access to certain features of the Services may be limited or denied if you fail to share KYC Documents and Additional Information.
4. THIRD-PARTY SERVICES
(a) The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third-Party Services”) or contain links to Third-Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.
5. YOUR RESPONSIBILITIES
(a) You represent and warrant that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(b) You shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
(c) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
use the Services to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
use any robot, spider, other automated device, or manual process to monitor or copy the Platform or any portion thereof;
engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory;
use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
violate applicable laws in any manner.
(e) While we use commercially reasonable efforts to provide you with a daily backup of your data, you should regularly and independently save, backup, and archive such data or information that you have shared with us.
(f) You warrant that you shall not engage in any activity that interferes with or disrupts access to the Platform.
(g) You shall not attempt to gain unauthorised access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of our servers, or through the Platform, by hacking, password mining, or any other illegitimate means.
6. INTELLECTUAL PROPERTY
(a) All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by, or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to our or any third party’s intellectual property rights.
7. TERM AND TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
(b) We may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at our sole discretion if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, or when you cease to become a user of our Services.
(c) Upon termination of these Terms:
the Profile will expire;
the Services will “time-out”; and
these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
8. DISCLAIMERS AND WARRANTIES
(a) The use of the Services is at your sole risk.
(b) You acknowledge and agree that we are not engaged in the provision, grant, or disbursement of any financial product. We will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of the Services.
(c) The monies collected by you will be transferred by us to the Financier or the agent of the Financier on a designated day of the week and we will not be responsible for any liability that arises due to such transfer, including on account of delays and non-compliance with applicable laws by the Financier or its agents.
(d) We are merely a technology platform service provider and:
are not registered with the Reserve Bank of India;
do not hold any licence to engage in any activities relating to financial products; and
is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
(e) To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. We do not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
(f) To the fullest extent permissible under applicable law, we expressly disclaim all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
(g) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
(h) You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
(i) To the fullest extent permissible by law, we, our affiliates, and related parties each disclaim all liability towards you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or unavailability of the Services;
the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services; or
the failure of the Services to remain operational for any period of time.
(j) We have partnered with third party payment providers to facilitate repayments through the Platform. You are required to provide accurate payment details to the third party payment providers while using the Services, and you must keep all payment and card details confidential. We are not responsible or liable (i) if you are ineligible to process payments through third party payment partners, (ii) for any unauthorised use of your payment/card details or credentials, (iii) for a decline of authorisation for any transaction due to malfunction, errors, unscrupulous activities, or (iv) for any third party payment partner’s acts, omissions, policies, or terms and conditions.
(k) Notwithstanding anything to the contrary contained herein, neither we nor any of our affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless us, our affiliated and subsidiary companies, their parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
You shall indemnify, defend at our option, and hold us, our parent company, subsidiaries, affiliates, and their officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages. and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement of these Terms by any third party who may use your Profile to access the Services.
We reserve the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
11. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause 11, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
(b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English.
(c) The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto.
(d) Each party to the arbitration shall bear its own costs with respect to any dispute.
12. CONSENT TO USE DATA
(b) We may use information and data pertaining to your use of the Services for analytics, trendsʼ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
(c) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose your data in connection with criminal proceedings. You understand and agree that in such instances, we shall have the right to share such data with relevant agencies or bodies.
13. MISCELLANEOUS PROVISIONS
(a) Modification: We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
(b) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(c) Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion and subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to the you.
(d) Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to email@example.com.
(e) Third-Party Rights: No third party shall have any rights to enforce any terms contained herein.
(f) Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business by acts, events, omissions, or accidents beyond our reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
(g) Translations: We may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.