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USER AGREEMENT

INTRODUCTION:

Latest version: [20.06.2016]

WELCOME TO OUR WEBSITE - http://www.smemaxx.com/.  PLEASE READ THIS LEGALLY BINDING USER AGREEMENT CAREFULLY.

IF YOU CONTINUE TO BROWSE AND USE THIS WEBSITE OR ACCESS ANY SERVICES PROVIDED BY THIS WEBSITE, YOU ARE HEREBY AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS, WHICH ALONG WITH OUR PRIVACY AND COOKIES USE POLICY GOVERN OUR COMPANY'S RELATIONSHIP WITH YOU IN RELATION TO THIS WEBSITE. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, PLEASE DISCONTIUE USING OUR WEBSITE OR ACCESSING ANY SERIVCES OFFERED WITH IMMEDIATE EFFECT.

GENERAL:

FORESIGHTED ALLIANCE FOR CORPORATE EMPLOYABILITY PRIVATE LIMITED or F.A.C.E. Pvt. Ltd. incorporated under the Indian Companies Act, having its registered office at Plot – 158, Surya Mahal, V L Pednekar Marg, Bhoiwada, Dadar (E), Mumbai – 12, Maharashtra, through its unit – SME MAXX owns and operates this Website - http://www.smemaxx.com/.

The term 'our company' or 'us' or 'we' refers to the owner of this website. We are offering various products and services to Small and Medium Enterprises (SMEs) in India including education, training, promotional and financial services with the aid of our business partners, affiliates and/or vendors and other personnel.

The term ‘our website’ or ‘this website’ refers to website that can be accessed at http://www.smemaxx.com/.

The term 'you' refers to the user/viewer of our website or user of offline services offered through the website. Further, you must be at least eighteen [18] years of age to use our website. By using our website or accessing our services and/or agreeing to the Terms and Conditions, you warrant and represent to us that you are at least eighteen [18] years of age.

This document is a legally binding agreement which governs the relationship between our company and you through the use and access of our website.

Use of and access to this Website and the varied products and online or offline services available through this Website (collectively termed as the ‘Services’) are subject to the following terms, conditions and notices (known as the ‘Terms and Conditions’).

By using the Services, you are agreeing to all our Terms and Conditions, which may be revised from time to time. You are advised to regularly check this page for any revisions and make note of any changes made to the Terms and Conditions. We are not bound to send any separate notification to this effect.

Use of this website:

We are not responsible for any losses or damages resulting from use of this website. You will not use this website for illegal purposes. We do not permit copying the content of this website, reproduction, transmission, distribution or creating derivative works of available content or commercial use of information without express written authorization from us. In case the user is found doing the afore-said without our permission, we may initiate legal action.

The use and access to this Website is non-exclusive, non-commercial and permitted on a temporary basis. We reserve the right to withdraw or terminate or amend the Services without any prior notice. We will not be held liable if for any reason, this Website is unavailable at any time or for any period or duration. We may restrict access to some pages or whole of this Website for any duration.

Accessing the Linked Websites:

This Website may contain links to other websites (known as the ‘Linked Sites’), for reference or advertisement purposes or any other reasons, which are not operated by us. We do not control the Linked Sites and accept no responsibility for their content or information provided or for any loss or damage that may arise from use of these Linked sites. Your usage and access of the Linked Sites will be subject to the terms and conditions of use and/or services provided by each such Linked site.

Privacy Policy:

The privacy and protection of your data and information provided to us is of vital importance. We are strongly committed to protecting the personal and financial information that you submit to us. Personal information of individual users will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection.

We shall ensure to safeguard the security and confidentiality of any information you share with us. Any of your Personally Identifiable Information (PIIs) obtained by us for processing the applications, shall not be used or shared other than for the purposes to which you consent i.e.  it will used only to process, analyse and/or compile information within the framework of the transaction. However, we may disclose the required date to our partners - Banks, NBFCs, Financial institutions and/or its group companies/affiliates to enable processing of applications or transactions or communications with you on need-basis. We and our partners shall keep the information confidential and not use it for any other purposes.

Further, on submitting the application and providing us with the relevant details, you authorise us and our partners and their representatives to call or SMS or contact you in reference to the transaction.

We reserve the right to change or update this Privacy Policy or any other of our Policies/Practices at any time. The same shall be notified to you by posting such changes or updated Private Policy on the page. Any changes or updates will be effective immediately upon posting to this web site.

Please note that this privacy policy does not create any contractual or other legal rights in or on behalf of any party, nor is it intended to do so. If you have any security related concern, please contact us at security@smemaxx.com. We will work closely with you to ensure a rapid and personal response to your concerns.

By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Intellectual Property Rights - Software and Content:

‘Intellectual Property Rights’ includes, but is not limited to, the rights comprised in any patent, copyright, compilation of data, industrial design, logo, sign, trademark, trade secrets, know-how, or other form of rights generally understood as intellectual property, whether at common law or by statute or convention, rights to apply for registration under a statute in respect of those or like rights.

The intellectual property rights in all software and content made available to you on or through this Website remains the property of our Company or the Linked site, if accessed through it or its licensors and are protected by laws of the land. All such rights are reserved by our Company and its licensors.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. In case of fraudulent use of the site, we reserve the right to recover the cost of services, collection charges and lawyers’ fees from you. We reserve the right to initiate legal proceedings against you for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Terms and Conditions of Financial Services offered:

Our financial solutions service is presently available in India only. The services mentioned in this website may not be available at all geographical locations within India.

The sanction of the loan is subject to satisfactory submission of KYC and other relevant documents asked by the lender from time to time. The sanctioning of loan amount, interest rate, tenure depends on customer profile and is at the sole discretion of the Bank/ NBFC. The lender may charge a processing fee and other charges like insurance, franking as required.

In case of balance transfer transactions, additional document require are Loan statement (loan track) and list of property documents (LOD) in possession of existing lender and Last 12 months' statement of bank account from which loan EMI is paid. The applicant also needs to obtain a foreclosure letter from existing bank in case of balance transfer. The customer will have to bear the foreclosure fee (if any) charged by the existing banker.  The exact reduction in EMI varies based upon existing rate of interest being charged by your bank, outstanding principal amount, your current EMI and rate of interest currently available from new bank. The top up loan can be availed subjected to eligibility conditions and loan to value. Various costs and fees associated with transferring a loan vary from case to case and from state to state.

Please read the loan agreement carefully before executing and ensure that interest rates, processing fees, pre-payment charges are explicitly mentioned in the agreement. The applicant will also have to bear the Stamp duty (0.2% to 0.5% of transaction value) that is payable on mortgage at some place in India.

For availing the Service such as applying for a loan or balance transfer of a loan will require you to provide us with details such as your name, email address, residential address, mobile number, employment & income details/proofs, existing loan amount, tenure of the loan etc. (collectively the ‘Registration Information’). Please note that such information may be sensitive and confidential in nature and may be even Personally Identifiable Information, and that we will treat the information collected in highly confidential manner.

We may also use third party service providers to provide the required services to you, such as sending e-mail messages on our behalf or hosting and operating a particular feature or functionality of the Service. Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your PIIs for purposes unrelated to the product or services they are providing. We require such third parties to maintain the confidentiality of the information provide to them.

Payment terms:

For a successful loan transaction through our Company (execution of definitive loan agreement), the applicant will pay a success fee of 0.02% (Point zero two percent) of the loan transaction value.  The success fee is to be paid either by online transfer or by cheque.

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

  1. lack of authorization for any transaction/s, or

  2. exceeding the preset limit mutually agreed by you and between your "Bank/s", or

  3. any payment issues arising out of the transaction, or

  4. decline of transaction for any other reason/s.

All payments made to us by you shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency.

Terms of usage of Coupon offered:

A coupon worth services of Rs. 10,000 will be awarded if the application is not successful. The coupon can only be redeemed against the products and/or services offered by our Company including but not limited to programs like Corporate Ready, Win Online and/or Need Based Solutions.

This coupon is non-transferable and non-negotiable. Coupons are void if transferred from their original recipient to any other person, firm or group. Coupon code is valid only for a period of three (3) months from the date of issue. Coupon code can be used only once and cannot be clubbed with any other coupon.

We reserve the right to change the terms and conditions of any coupon code any time without prior intimation. We also reserve the right to substitute products or services offered without any prior notice.

Conditions of rejection of applications:

Under the following scenarios, the application will get rejected and we are not liable to issue any coupons to the users:

  1. Application form is incomplete (i.e. full details are not furnished by the applicant)

  2. The applicant has concealed some material information from us or our partner

  3. The applicant is not able to furnish required KYC documents or Income proofs or property related documents or any additional documents like LOD, bank statement, foreclosure letter or any other information in case of balance transfer transactions.

  4. If the Identity proofs, Address Proofs (KYC documents) and Income proofs are not satisfactory

  5. If the applicant is un-employed and does not have any source of income

  6. If the applicant is retired or on the verge of retiring and therefore, will not be able to service the loan

  7. The title of the Property documents (collateral) is not clear or the property is under dispute/ litigation

  8. CIBIL score or credit rating (in case of a company) is not satisfactory

  9. If the applicant fails to submit processing fee or any other fee

  10. Any other reason

In case, we have succeeded in achieving a reduced interest rate for the applicant by way of introducing new lender and the applicant rejects to take up the suggested interest rate or lender on any grounds, we will not be liable for any further transaction or issuance of any coupon, since such case will be treated as successful by us.

Further, it is required that the applicant should do his own cost and benefit analysis before going for balance transfers. The applicant must take into consideration the foreclosure charges of the exiting lender and legal fees/ processing fee charged in balance transfer transactions. We are not liable to issue coupons under the circumstances where the applicant is of view that cost-benefit of balance transfer is not working in his favour.

We and our partners have sole and absolute discretion of rejecting any application if it does not appear satisfactory to us or our partners. We reserve the right to issuance of coupons on case-to-case basis.

Limited warranties

We do not warrant or represent the completeness or accuracy of the information published on our website; or that the material on the website is up to date; or that the website or any service on the website will remain available.

The usage of this website or services offered is at your own risk. The website and services are offered on an ‘as is’ and ‘as available’ basis. The company expressly disclaims all warranties of any kind, whether express or implied. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, the user will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website or services and use of the same.

Limitations and exclusions of liability

The company’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and services and/or for any breach of this agreement is solely limited to the amount paid, for the services procured via the website, whether online or offline.

We will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or services in any manner, including liabilities resulting from the use or the inability to use the website content or services offered; or the cost of procuring substitute or alternate services; any services procured or transactions entered into through the website; or any alleged lost profits.

Indemnity:

You agree to indemnify, defend and hold harmless our Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Force Majeure:

We are not responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation:

We may at any time, on our sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement:

This Agreement comprises the entire agreement between you and our Company and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver:

The failure of our Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law:

This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. The proceedings or prosecution any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement can only be done before the Hon’ble courts of Mumbai. By using or accessing our Website or using any services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or services offered or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights:

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination:

We reserve the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and any services offered, we may, at our sole discretion and without advance notice to you, cancel any outstanding orders for services. If your access to the Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until we choose, on our sole discretion and without advance to you, to terminate it.

Assignment:

You may not assign your rights and obligations under this Agreement to anyone. We may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING OR ACCESSING THIS WEBSITE OR USING ANY SERVICES OFFERED FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.