Terms of Use
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Optimoney Technologies Private Limited, a company incorporated under the laws of India ("Company", "Platform", "we", "us", "our").
By accessing, browsing, or using the Platform in any manner whatsoever, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Platform.
1. Eligibility and Capacity
The Platform is intended for use only by individuals who are competent to contract under the Indian Contract Act, 1872. By using the Platform, you represent and warrant that:
- a) You are at least 18 (eighteen) years of age;
- b) You are legally capable of entering into a binding contract; and
- c) The information provided by you is accurate and complete.
The Company reserves the right to refuse access where eligibility requirements are not met.
2. Nature and Scope of Services
The Platform enables Users to submit enquiries, lead information, and service-related requirements for the purpose of evaluation and potential engagement.
Submission of information through the Platform:
- a) Does not create any fiduciary, advisory, agency, partnership, or client relationship;
- b) Does not constitute an offer, solicitation, or recommendation unless expressly agreed in writing;
- c) Does not guarantee acceptance, engagement, or provision of services.
Any formal engagement for services shall be governed exclusively by a separate written agreement executed between the User and the Company.
3. User Representations and Obligations
You agree and undertake that:
- a) All information submitted by you is true, accurate, current, and not misleading;
- b) You shall not submit personal data of any third party without lawful authority;
- c) You shall not use the Platform for any unlawful, fraudulent, abusive, or unauthorised purpose;
- d) You shall not attempt to gain unauthorised access to the Platform, its servers, or connected systems; and
- e) You shall not interfere with the proper functioning of the Platform.
You acknowledge that you are solely responsible for the content and information submitted by you.
4. Intellectual Property Rights
All content, materials, software, text, designs, trademarks, logos, and proprietary information made available on the Platform are the exclusive property of the Company or its licensors and are protected under applicable intellectual property laws.
Nothing contained herein shall be construed as granting any licence or right, whether expressly or impliedly, to use any intellectual property without prior written consent of the Company.
5. Disclaimer of Warranties
The Platform and all content and services provided therein are made available on an "as is" and "as available" basis.
To the fullest extent permitted by law, the Company disclaims all representations and warranties, whether express or implied, including without limitation:
- a) Warranties of accuracy, completeness, or reliability;
- b) Fitness for a particular purpose;
- c) Non-infringement;
- d) Uninterrupted or error-free access.
The Company does not warrant that the Platform will be secure or free from viruses or harmful components.
6. Data Protection and Privacy
Processing of Digital Personal Data is governed by the Company's Privacy Policy, which forms an integral part of these Terms. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
7. Suspension and Termination
The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate access to the Platform without prior notice where:
- a) The User breaches these Terms;
- b) The User provides false or misleading information;
- c) Such suspension or termination is necessary for compliance with law or security considerations.
Termination shall not affect any accrued rights or obligations.
8. Indemnity
You agree to indemnify and hold harmless the Company, its directors, officers, employees, and affiliates from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising out of:
- a) Your breach of these Terms;
- b) Your misuse of the Platform;
- c) Violation of any applicable law or third-party rights.
9. Modifications
The Company reserves the right to amend or modify these Terms at any time. Updated Terms shall be posted on the Platform and shall become effective upon publication. Continued use of the Platform after such publication shall constitute acceptance of the revised Terms.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India.
Subject to applicable law, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
11. Non-Reliance and No Financial Advice
The User expressly acknowledges and agrees that:
- a) The Platform is an information and facilitation interface only;
- b) Nothing made available on the Platform constitutes financial advice, investment advice, credit advice, legal advice, or a recommendation of any financial product or service;
- c) The User has not relied upon any representation, statement, or material not expressly set out in a written agreement executed with the Company.
The User further acknowledges that any decision taken pursuant to information submitted or received through the Platform is at the User's sole discretion and risk.
12. Third-Party Services and Links
The Platform may contain links to, or integrations with, third-party websites, service providers, financial institutions, or intermediaries.
The Company:
- a) Does not control or endorse such third parties;
- b) Is not responsible for their acts, omissions, representations, products, services, or policies;
- c) Shall not be liable for any loss arising from engagement with such third parties.
Any interaction between the User and a third party shall be governed exclusively by the terms agreed between them.
13. Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, governmental actions, regulatory changes, cyber-attacks, system failures, telecommunications disruptions, strikes, pandemics, or natural disasters.
14. Electronic Communications and Consent
The User consents to receive communications from the Company electronically, including via email, SMS, WhatsApp, and Platform notifications.
Electronic records and communications shall constitute valid and legally enforceable communications under applicable law.
15. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.
16. Waiver
Failure by the Company to enforce any provision shall not constitute a waiver of its right to subsequently enforce the same or any other provision.