(Version 2.0)
Introduction
These terms and conditions (“General Terms”) constitute a binding and enforceable legal contract between Muthoot Fincorp Limited, a company incorporated under the Companies Act, 1956 having its registered office at Muthoot Centre, TC No 27/ 3022, Punnen Road, Trivandrum - 695001, India (hereinafter referred to as “MFL”, “Company”, “we”, “our” or “us”) and you (hereinafter referred to as “you”, “your”, “yourself” or “User”)
The Platform (defined below) is owned, managed and operated by Muthoot Fincorp Limited, and MFL has set out these General Terms for accessing, registering and interacting with the Platform. The Platform facilitates various transactions between the User and MFL, and / or any other third party, which may be subject to financial regulations.
You agree and acknowledge that certain pages, product or services hosted on / offered through the Platform may be subject to your compliance with supplemental terms applicable specifically to such pages, products or services (“Supplemental Terms”) in addition to the General Terms contained herein. The General Terms along with the product-specific Supplemental Terms shall constitute the terms and conditions (“Terms”) governing the respective product / service availed by you through the Platform.
Please read the Terms and our Privacy Policy carefully before using or registering on the Platform or accessing any material information through the Platform. The Terms and the Privacy Policy together constitute a binding legal agreement between you and the Platform in connection with your use of the Platform.
The Platform may facilitate offer of various Partner Services (defined below) offered by thirdparty Partners (defined below). The application / request for any Partner Service are ultimately approved and sanctioned by the respective Partners providing / hosting such Partner Service(s) within the Platform.
The Terms are an electronic record published in accordance with Applicable Law including the provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as may be amended by the Information Technology Act, 2000 from time to time. The Terms are generated by a computer system and does not require any physical or digital signatures.
By your usage or access of the Platform, you agree to be bound by the Terms and Privacy Policy. If you do not agree to the Terms and Privacy Policy at any point, you are advised to not use or access the Platform or any product / service made available through the Platform.
We reserve the right to modify the Terms at any time without notice, and your continued access of the Terms after any modifications will constitute your acceptance of such modifications.
Definitions
Capitalised terms not defined in the contents of the Terms shall mean as follows:
(a) "Affiliate(s)" means with respect to MFL, any person directly or indirectly controlling, controlled by, or under direct or indirect common control with MFL including its holding company, fellow subsidiaries, and associate companies.
(b) "Agreement" means the Terms and Privacy Policy of MFL governing the use and services offered through the Platform, as amended, novated, supplemented, varied, or replaced from time to time.
(c) "Applicable Law" includes all applicable laws, rules, and regulations of any federal, state, local, or foreign government, political subdivision, or any regulatory body, or any binding judgment or order of an arbitrator, court, or tribunal of competent jurisdiction.
(d) "Content" refers to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code collectively.
(e) "Force Majeure Event" means any event due to any cause beyond the reasonable control of MFL, including, without limitation, inevitable accidents, unavailability of any communication system, breach or virus in the systems, fire, endemic, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war and acts of government.
(f) "Intellectual Property Rights" means all intellectual property rights worldwide, whether registered or unregistered, including patents, copyrights, trademarks, service marks, trade names, logos, domain names, trade secrets, confidential information, know-how, database rights, design rights, software rights, and all other proprietary rights recognized under Applicable Laws.
(g) "KYC" means Know Your Customer.
(h) "Lender refers" to any financial institution offering loans on the Platform, including MFL and any bank or non-banking financial company (NBFC) that is acting as a Partner and offering loans on the Platform.
(i) "MFL Services" refers to such products / services offered by MFL on the Platform to Users, which include, but may not be limited to, loans, demat account opening facility, offers for non-convertible debentures of MFL, bill payments, forex and cross-border money transfer, digital gold schemes, and distribution of insurance products. Users can access a list of MFL Services in Annexure I
(j) "NCD" means Non-Convertible Debentures.
(k) "Partner" refers to any third party providing its products and services on the Platform as part of its contractual agreements with MFL.
(l) "Partner Insurer" refers to third-party insurers whose insurance products are being distributed by MFL on / through dedicated insurance-related pages / modules on the Platform.
(m) "Partner Module" refers to any third-party links, interfaces, redirected web-pages, or such other technological platform(s) of the Partners hosted on or within the Platform which are not controlled, operated, or maintained by MFL.
(n) "Partner Services" refers to such products / services offered by the Partners on the Platform to Users through the respective Partner Modules or otherwise. Users can access a list of Partner Services offered by, on or through the Platform or Partner Modules in Annexure II.
(o) "Person" means any natural person, company, corporation, partnership, proprietorship, trust, union, association, government, or any agency thereof or any other entity that may be treated as a person under Applicable Law.
(p) "Personal Data" means any data about an individual who is identifiable by or in relation to such data.
(q) "Platform" refers to the website, mobile application and any other technology platform owned and operated by MFL under the brand name of or affiliation with Muthoot FinCorp Limited or Muthoot FinCorp One.
(r) "Platform Services" refers to all the products / services or the offers thereof which are displayed on / facilitated through the Platform, including all MFL Services and Partner Services.
(s) "Privacy Policy" refers to the privacy policy of the Platform available here.
(t) "RBI" means the Reserve Bank of India.
Sign-up & Onboarding
You are required to create a profile / sign up on the Platform by entering your mobile number and other details as may be requested on the Platform. Registration as a user and creation of profile is a one-time process, thereafter you may login to your profile anytime using your credentials.
You agree to provide true, accurate, complete and consistent information (including Personal Data) about yourself at the time of creating your profile on the Platform. We reserve the right to suspend or terminate your account and deny access to the Platform (or any part of it) if there is suspicion or evidence of false or incomplete information provided by you or if it is, in the sole discretion of MFL, in the best interests of MFL.
Representation & Warranties
By accessing, logging in, browsing, or using the Platform, you hereby represent and warrant the following:
4.1. CAPACITY AND AUTHORITY.
(a) You are at least 18 years of age and have the legal capacity to enter into the Agreement.
(b) If you are acting on behalf of a business entity, you have the requisite corporate authority to bind such entity to the Agreement.
(c) You have the capacity to enter into a legally binding agreement.
(d) You are not barred or legally prohibited from accessing or using the Platform.
(e) Your execution of the Agreement and use of the Platform does not violate any applicable law, regulation, court order, or contractual obligation binding upon you.
4.2. IDENTITY AND KYC.
(a) You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in our Privacy Policy as well as compliance with various laws, regulations and guidelines (including Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016 and Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time.
(b) All personal information, documents, and Personal Data provided by you during registration on the Platform and application / KYC for any MFL Services or Partner Services are true, accurate, complete, consistent and current.
(c) You will promptly update any information that becomes inaccurate or incomplete or requested by MFL.
(d) The identity documents provided by you are genuine, unaltered, and belong to you;
(e) You are not using false, misleading, or fraudulent information or impersonating any other person or entity.
4.3. ANTI-MONEY LAUNDERING AND COUNTERING FINANCING OF TERRORISM.
(a) The funds used for any transactions on the Platform are from legitimate sources and are not proceeds of any crime or unlawful activity.
(b) You are not involved in money laundering, terrorist financing, or any other financial crimes.
(c) You are not a Politically Exposed Person (PEP) as defined under applicable regulations, or if you are, you have disclosed such status during your application process with MFL or the relevant Partner(s).
4.4. PLATFORM SECURITY AND USAGE.
(a) You will maintain the confidentiality and security of your login credentials and will not share them with any third Person.
(b) You will remain responsible for all actions taken through your system, username, and password.
(c) You have not and will not allow unauthorized Persons to access your account or conduct transactions on your behalf.
(d) You will use only your own payment instruments and will not use the Platform to facilitate transactions for third parties without proper authorization.
(e) You will promptly notify MFL of any unauthorized access to or use of your account.
(f) You have not and will not attempt to circumvent, disable, or interfere with security-related features of the Platform.
4.5. CONSENT AND DATA PROTECTION.
(a) You have reviewed the Privacy Policy and consent to the collection, processing, and sharing of your personal data as described in our Privacy Policy.
(b) Where required, you have obtained necessary consents from third-party individuals, authorized signatories or beneficial owners for processing of their Personal Data.
(c) You will promptly inform MFL of any changes in your data processing consents.
Proprietary Rights
5.1. INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that MFL owns all legal rights, titles, and interests in and to the Platform and Content (other than Content hosted or provided by the Partners), including any Intellectual Property Rights which subsist in the Platform or Platform Services, except the Partner Services. The rights, title, and interests with respect to the Partner Services are vested with the respective Partners providing such Partner Services.
Nothing in these Terms grants you any license or right to use MFL’s intellectual property except as expressly permitted herein. You understand that you do not have the right to use any of our trade names, trademarks, service marks, logos, and domain names. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Platform Services. You shall not copy or transmit any of the Content or Platform Services in any manner that would infringe upon MFL’s Intellectual Property Rights.
5.2. RIGHTS OVER PLATFORM.
MFL exclusively owns or has validly licensed all rights, title, and interest in and to the Platform and Content (other than Content hosted by Partners) , including but not limited to:
(a) The mobile application, web platform, and all associated software.
(b) All source code, object code, algorithms, and programming interfaces used on or in relation to the Platform.
(c) Database structures, data compilations, and proprietary data processing methods and
(d) All improvements, updates, modifications, and enhancements to the Platform. Your permission to access the Platform does not grant you any proprietary or ownership rights in the aforementioned proprietary rights of MFL.
You are expressly prohibited from:
(a) Attempting to modify, translate, disassemble, reproduce, decompile, or reverse engineer the software underlying the Platform or any Content.
(b) Creating any derivative products based on the software or Platform and / or Content and
(c) Using automated tools, bots, or scripts to access or interact with the Platform.
5.3. USER-GENERATED CONTENT AND DATA.
While you retain ownership of the Personal Data you provide on / to the Platform, you hereby grant MFL a non-exclusive, worldwide, royalty-free license to use, process, store, and analyse such data for the purposes of:
- Providing the Platform Services to you
- Improving and enhancing the Platform’s functionality.
- Complying with regulatory requirements and legal obligations and
- Conducting risk assessment and fraud prevention activities.
Any feedback, suggestions, ideas, or recommendations you provide regarding the Platform (“Feedback”) shall become MFL’s property, and you waive any rights you may have in such Feedback.
You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in MFL’s Privacy Policy as well as compliance with various laws, regulations and guidelines promulgated by the Government of India from time to time.
5.4. THIRD-PARTY CONTENT AND PARTNER SERVICES.
The Platform may contain or provide access to Partner Services or proprietary Content hosted by our Partners. MFL does not claim ownership of such Partner Services / Partner’s Content. Your use of Partner Services and reliance on our Partner’s Content is subject to the terms and conditions of the respective Partners, and MFL is not responsible for any Intellectual Property Infringement arising from your use of Partner Services. Any Intellectual Property Rights in Partner Services remain with the respective Partners or their licensors.
5.5. TECHNOLOGY INFRASTRUCTURE AND ACCESS.
You shall be responsible for obtaining and maintaining all mobile phone, computer hardware, and other equipment needed for access to and use of the Platform, and all charges related thereto. MFL makes no warranties regarding the compatibility of the Platform with your devices or equipment. You are responsible for ensuring that your access methods comply with these Terms and do not infringe any rights of MFL or third-party rights.
5.6. USER-GENERATED CONTENT AND DATA.
MFL and its Partners reserves the right to update, modify, or enhance the Platform and Partner Modules respectively, and their proprietary features at any time without prior notice, provided that such changes do not materially diminish the core functionality promised to users.
Obligations of the User
(a) Review of Terms. It is your responsibility to thoroughly review the Agreement on a periodic basis. If you do not agree with any updated provisions of these Terms or our Privacy Policy, you are advised to immediately cease your use and access to the Platform, and you are required to inform us of your disagreement with the Agreement by writing to us at customercare@muthoot.com.
(b) Use of information and materials. The Content contained on this Platform (other than Content within Partner Modules) is provided for general information only and should not be used as a basis for making business / commercial decisions. You are advised to read these Terms (including relevant Supplemental Terms), along with the relevant agreement, additional terms, and such other document presented by MFL and / or the relevant Partner in relation to a particular Platform Service you seek to avail. You are advised to exercise due caution and / or seek independent financial advice before availing any facility or entering into any financial obligation based on the Content contained on this Platform.
(c) Agreements governing Platform Services. Upon availing any Platform Service(s), you are required to comply with these Terms and our Privacy Policy, as well as all agreements, additional terms, and such other documents governing such Platform Service(s) availed by you from MFL or our Partners at all times until the termination or extinguishment of such Platform Service(s).
(d) Availability and eligibility. The information and data contained in this Platform does not constitute financial advice or offer to buy or sell or solicitation of an offer to buy or sell any Platform Service(s) on the Platform (including Partner Modules) or otherwise.
User Conduct
You agree not to use the Platform to host, display, upload, publish, transmit, or share Content that:
(a) Belongs to another person without proper authorization.
(b) Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, threatening, abusive, vulgar, tortious, invasive of another Person’s privacy, hateful, racially, or ethnically objectionable, disparaging, related to money laundering, gambling, or otherwise unlawful.
(c) Harms minors in any manner.
(d) Infringes any patent, trademark, copyright, or other proprietary rights.
(e) Threatens national security, public order, or incites commission of any offense.
(f) Impersonates any person or entity or falsely represents your affiliation.
(g) Forges headers or manipulates identifiers to conceal Content origin.
(h) Contains Content you do not have the right to share under law or contract.
(i) Distributes unsolicited advertising, spam, chain letters, pyramid schemes, or promotional materials.
(j) Contains viruses, malware, or harmful computer code.
(k) Interferes with or disrupts the Platform or connected networks;.
(l) Edits Content to wrongfully replace identities without consent.
(m) Violates any Applicable Laws or regulations.
(n) Collects or stores personal data about other users.
(o) Shares images or Content of individuals without their consent.
(p) Engages in any reproduction, duplication, copying, selling, trading, reselling, or exploitation of any portion of the Platform, use of the Platform, or access to the Platform for commercial purposes.
You further agree not to:
(a) Use automated systems, such as 'robots', 'spiders', 'scrapers', 'offline readers', etc. to access the Platform.
(b) Collect personally identifiable information for commercial solicitation.
(c) “Frame” or “mirror” any part of the Platform or the Partner Modules without our prior authorisation.
(d) Engage in the following prohibited activities:
- Using the Platform for illegal or fraudulent purposes
- Attempting to compromise system security or integrity
- Overloading infrastructure with excessive requests
- Bypassing access restrictions or security measures
- Reverse engineering or discovering source code
- Interfering with the Platform’s proper operation
You shall not use the Platform to make fraudulent applications for any financial products or services offered through the Platform or Partner Modules.
Partner Modules and Partner Services
8.1. INTEGRATION OF PARTNER MODULES ON THE PLATFORM.
The Platform may integrate various Partner Modules and provide links to external websites, applications, and services operated by our Partners in order to facilitate the Partner Services. These Partners are independent of MFL and operate under their own terms and conditions.
In order to avail the Partner Services on / through the Platform, upon your action and / or request, the Platform will redirect you to the concerned Partner Module. Post redirection, your digital journey moves outside of the Platform onto the relevant Partner Module.
You agree to undertake your own prudence and judgment while availing any Partner Service(s) offered or relying on any opinion, statement, or information available on the Partner Module(s).
8.2. NO CONTROL OR ENDORSEMENT.
MFL does not exercise control over, monitor, verify, or endorse (unless required under Applicable Laws) any Partner Services, including their Content, terms of service, privacy policies, or business practices. MFL makes no representations or warranties regarding the accuracy, reliability, quality, or suitability of any Partner Services, products, or information provided through Partner Modules. Any opinions, recommendations, or content displayed through Partner Services are those of the respective Partners and do not reflect MFL’s views or endorsement. Any payments made or information shared on the Partner Module shall be solely at your discretion, without MFL’s involvement.
Each Partner operates under its own separate terms and conditions and privacy policy, which may differ significantly from the MFL’s Terms and Privacy Policy. MFL strongly recommends that you carefully read and understand the terms and conditions and privacy policies of the relevant Partner before using or applying to any Partner Services through the Platform.
8.3. DISCLAIMER OF LIABILITY.
Subject to Applicable Laws or unless stated otherwise in a particular Platform Service-specific document, the Company shall not be liable for any loss, damage, or adverse consequences arising from your use of or reliance on any Partner Service / Content hosted by Partners. The Company disclaims all responsibility for the performance, availability, security, or content of Partner Services. Any disputes, claims, or issues arising from Partner Services must be resolved directly with the respective Partner(s), unless MFL undertakes to be involved in handling your grievances in relation to such Partner Services in the specific documents governing the same.
8.4. AVAILABILITY.
The Platform and its integration with Partner Services are provided on an “as is” and “as available” basis, without any warranties regarding continuous availability or uninterrupted access to Partner Modules or the Partner Services. The information and service available on the Partner Module(s) may be subject to change, updation, revision, verification and amendment at the discretion of the relevant Partner, without notice and such information may change materially, without any involvement of MFL.
Content Posted on the Platform
You are solely responsible for all Content that you upload, post, submit, or display on the Platform and must ensure that such Content complies with the Terms and Applicable Laws and does not infringe any third party’s rights. You retain ownership of your Content and are responsible for protecting your rights therein. MFL assumes no responsibility or liability for Content submitted by you or any third-party through your account. However, MFL reserves the right to review, edit, remove, or refuse Content that violates the Agreement, Applicable Laws, or is deemed offensive, illegal, or harmful to the Platform or other users.
Termination
10.1. GROUNDS FOR TERMINATION.
We reserve the right to immediately suspend, terminate, or deny access to your account and the Platform, with or without prior notice and without liability, on the following grounds:
(a) If you violate any provision of any of the following:
- The Agreement
- Attempting to compromise system security or integrity
- Any agreement executed between you and MFL and / or the Partners in relation to any Platform Service(s)
- Any Applicable Laws.
(b) If continuing to provide the Platform Services to you becomes commercially unviable or operationally unfeasible for MFL.
(c) If you have engaged in unethical conduct or manipulation of Platform Services.
(d) If you have acted in a manner that is detrimental to the Platform or other users
(e) If you have provided false or misleading information on the Platform or any application to any Platform Services or
(f) If you have otherwise conducted yourself in violation of the standards expected of the users of the Platform.
10.2. EFFECT OF TERMINATION.
(a) Upon termination or suspension of your account, your right to access and use the Platform shall immediately cease.
(b) The Company may delete any content, data, or materials associated with your account without liability to you or any third party.
(c) Notwithstanding account termination, the Company may retain transaction records and related data as required for tax reporting, regulatory compliance, legal obligations, or audit purposes.
Access
11.1. MODIFICATIONS AND WITHDRAWAL.
The Company reserves the right to modify, suspend, or discontinue the Platform or any Platform Services at any time without prior notice or liability to users. You also hereby acknowledge our right to disable any username, password, or identifier, whether chosen by you or provided by us, at our sole discretion, for any reason, including if, in our judgment, you have violated any provision of the Terms.
11.2. SERVICE INTERRUPTIONS AND MAINTENANCE.
(a) The Company shall not be liable for any interruptions, cessation, or unavailability of the Platform or Platform Services.
(b) The Company disclaims responsibility for Platform downtime during scheduled maintenance, technical difficulties, or unplanned service suspensions arising from circumstances beyond the Company's reasonable control.
(c) The Company makes no representations or warranties regarding internet connectivity, Platform access speed, or continuous availability of services.
11.1. JURISDICTIONAL CONTROL.
The Platform operates under Indian jurisdiction and is controlled from India. Users accessing the Platform from other jurisdictions must ensure compliance with applicable Indian laws and regulations.
Warranty Disclaimer
We do not guarantee that:
(a) The Platform Services will meet your requirements.
(b) Products, services, information, or materials sourced or obtained through the Platform will meet your expectations.
(c) Subject to requirements under Applicable Laws, results obtained from the Platform will be accurate or reliable.
(d) Products and services offered on or through the Platform are fit for a particular purpose.
(e) Subject to obligations under Applicable Laws and our Privacy Policy, we provide no guarantee against the possibility of data deletion, mis-delivery, or storage failure.
(f) We do not endorse or guarantee third-party products or services, Partner Services advertised or facilitated on the Platform. We shall not be responsible for transactions between you and our third-party providers or Partners.
(g) Any identified defects will be corrected.
(h) With respect to the Content on the Platform, we do not guarantee or undertake data accuracy and completeness, satisfactory quality and / or fitness for a particular purpose.
Indemnity
We shall not be liable in case you breach any terms or conditions provided under the Agreement and will not be obligated to indemnify you for any direct or indirect losses accruing to you.
You agree to indemnify, defend and hold harmless us, our Affiliates, group companies and our directors, officers, employees, representatives, agents, third party service providers, and any other third party providing any service to us in relation to the Platform Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of the Terms including any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the Terms.
No Liability
IN NO EVENT SHALL MFL, ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ITS AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NONPECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ABUSE OR BREACH OF DATA), EVEN IF MFL OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (I) THESE TERMS, (II) THE PLATFORM, (III) YOUR USE OR INABILITY TO USE THE PLATFORM FOR THE REASONS MENTIONED IN THESE TERMS; OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER USER IN CONNECTION WITH THE PLATFORM.
FURTHER, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INVESTMENT MADE ON OR THROUGH THE PLATFORM / PARTNER MODULES. WE SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOU OR ANY OTHER USERS OF THIS PLATFORM DUE TO SUCH INVESTMENTS, OR ANY KIND OF RELIANCE UPON IT. WE SPECIFICALLY AND EXPRESSLY DISCLAIM THE ACCURACY AND CORRECTNESS OF THE CONTENT AVAILABLE ON THE PARTNER MODULES.
YOU ARE THEREFORE ADVISED TO OBTAIN YOUR OWN LEGAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL ADVICE OR FACILITIES BEFORE TAKING OR CONSIDERING AN INVESTMENT OR FINANCIAL DECISION.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PLATFORM SERVICES MAY SUBJECT TO LIMITATIONS, DELAYS, AND OTHER ERRORS / ISSUES INHERENT IN THE USE OF SOFTWARE AND ELECTRONIC COMMUNICATIONS. WE DO NOT WARRANT THAT THE PLATFORM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM BUGS, VIRUSES, ERRORS, OR OMISSIONS. IN NO EVENT SHALL MFL, ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ITS AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO, SYSTEM FAILURES, DOWNTIME, SOFTWARE COMPONENT FAILURES, OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS ON PLATFORM SERVICES.
FURTHER, WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE DATA, CONTENT, OR INFORMATION THAT YOU UPLOAD, SUBMIT, OR OTHERWISE PROVIDE ON THE PLATFORM IN RELATION TO THE PLATFORM SERVICES OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, AND APPROPRIATENESS OF ALL DATA. WE ARE UNDER NO OBLIGATION TO REVIEW ANY OF SUCH DATA AS UPLOADED BY YOU FOR ACCURACY, LEGALITY, OR NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, DAMAGES, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR DATA.
General Disclaimer
WE ADVISE YOU TO BE CAUTIOUS WHILE RECEIVING FRAUDULENT AND FICTITIOUS CALLS. AS SUCH, WE CANNOT BE HELD RESPONSIBLE FOR ANY LOSS SUFFERED BY A PERSON WHILE DEALING WITH FAKE AND FRAUDULENT ORGANISATIONS IMPERSONATING THEMSELVES AS MFL OR OUR PARTNERS.
Communications
You expressly and explicitly authorise us, our Affiliates, and our Partners to send you communications via text messages, emails, WhatsApp messages, push notifications, telephonic calls and / or any other means in connection with the Platform Services and / or as part of any promotional or marketing activity by us, our Affiliates our Partners, in relation to any products or services, including loan products, insurance products, investment products and payment related product.
Assignment / Novation
You understand and acknowledge that MFL may assign / novate its rights and responsibilities under this Terms (including pursuant to any corporate restructuring or similar exercises). You confirm that you have no objection to such assignment / novation by MFL, and you agree that your obligations under this Terms would be binding on such third party. We assure you that irrespective of any change in the contracting party, your rights and our obligations under this Terms will remain unaffected / unchanged. You accordingly confirm that you have no objection to such assignment / novation by MFL. You also understand and agree that in case of an assignment / novation, your obligations under the Terms may be owed / transferred to such assignee / third party.
Force Majuere
We shall not be liable for any failure to perform any of our obligations under the Terms or provide the Platform Services or any part thereof if the performance is prevented, hindered, or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Governing Law
The Terms shall be governed by the laws of India, regardless of your actual location. You agree to the exclusive jurisdiction of Thirivananthapuram, Kerala, India.
Disputes under the Terms shall be resolved through arbitration governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Thiruvananthapuram. The arbitration shall be conducted in English language. The arbitrator’s award shall be final, and costs for the arbitration shall be borne by the User.
Notices
All legal notices or demands to or upon us shall be made in writing and sent by courier, certified mail, or electronic email to the following address: Muthoot Centre, TC No 27/ 3022, Punnen Road, Thiruvananthapuram, Kerala - 695001, or email at: customercare@muthoot.com.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by email to the last-known correspondence address or email address provided by the User to us, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) we are able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon us posting such notice on an area of the Platform that is publicly accessible without charge.
Entire Agreement / Serverability
The Terms, along with the Privacy Policy, legal disclaimers, and other legal notices on the Platform, constitute the entire agreement between you and us.
If any provision is deemed invalid by a court of competent jurisdiction, it will not affect the validity of the remaining provisions, which remain in full force.
Cookies
We may use cookies on our Platform for analysis, offering customised products and services, providing unique content, and enhancing user experience. The use and policies relating to such cookies shall be governed by our Privacy Policy.
Usage of Personal Information
Your Personal Data provided to us through the Platform will only be collected, used, processed and protected in accordance with our Privacy Policy, and any other privacy policies or terms specific to a Platform Service that may be availed by you through the Platform.
Breach of the Terms
The Terms constitute a legally binding contract between you and MFL. Please read them carefully and ensure you understand and agree to the Terms before accepting the Terms and / or accessing the Platform. If you have any questions or concerns, please contact us at customercare@muthoot.com.
Without prejudice to MFL’s other rights under the Terms, if you breach the Terms in any way or if MFL suspects that you have breached the Terms in any way, then MFL shall be entitled to take such action as it may deem necessary. You agree that any violation by you of the Terms will cause irreparable harm to MFL and the Platform, for which monetary damages may be inadequate, and you consent to the MFL and Platform obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that MFL and the Platform may have at law or in equity. If MFL and the Platform takes any legal action against you as a result of your violation of the Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Details of Partners
(a) The details of the Lender(s) providing its products and services on its respective module on the Platform can be accessed below.
>(b) The details of the Partner Insurers whose insurance products are distributed on the Platform in life, health and general insurance categories can be accessed in the section Supplementary Terms and Conditions - Insurance.
Please note that the above list may be modified from time to time. Please periodically review this list to stay informed in respect of our authorised Partners.
ANNEXURE I
MFL SERVICES
The below table provides a list of MFL Services offered / facilitated through the Platform by MFL.
| # | MFL Service |
|---|---|
| 1. | Loans and Loan Marketplace |
| 2. | Insurance distribution |
| 3. | Bill payments and recharge |
| 4. | Demat account opening facility |
| 5. | NCD application |
| 6. | Foreign currency exchange and money transfer |
ANNEXURE II
PARTNER SERVICES
We facilitate / may facilitate the following Partner Services directly on the Platform or through the respective Partner Modules.
The following list is non-exhaustive and is only indicative. The Partners may offer such other Partner Services on their respective Partner Modules that they are authorised / permitted to offer as per Applicable Law.
We may also provide payment services in the capacity of an agent institution by entering into arrangements with payment gateway / aggregators / other payment system operators for the purposes of facilitating payment in favour of us and / or other billers as the case may be in accordance with their respective terms & conditions.
Any applicable service fee, subscription amount or charges for any other services provided by us through the Platform will be communicated to you from time to time by us through such mode of communication as determined by us. It shall be your responsibility to routinely check on the Platform for such service fee, subscription amount or any charges.
