Terms & Conditions

Persons (the "Users" or individually a "User" or "You" or "Your") visiting or using the website https://www.baba-nanak.in/ or any other web/ mobile application of BABA NANAK (such website and/ or web/ mobile applications referred to as the "Website" or “Site”) are required to read through and acquaint themselves with this document prior to proceeding to use the Website. Access to and use of the Website by a User is deemed to represent the User's consent to the terms and conditions of using the Website and any amendments thereto (Such terms and conditions hereinafter referred as “Policy on Website Use” or “Terms of Use”). In case a User disagrees with these terms & conditions (as may be amended from time to time), he/she shall leave the Site and refrain from visiting it in the future. The Website is owned and operated by BABA NANAK, which is authorized to exercise the ownership and intellectual property rights to the Website. This Policy on Website Use regulates the rights and obligations of the Operator and the Users regarding the use of the Website. User is requested to read these Terms of Use carefully before registering, accessing, browsing, downloading or otherwise using the Website. This is a legally binding agreement between the User and the Operator, establishing the terms and conditions under which this Site may be used or accessed. In the event of any conflict between the terms and conditions of specific products and services and these Terms of Use, the conditions specific to such products and services shall prevail. The User understands and agrees that no joint venture, partnership, employment or agency relationship exists between You and the Operator on account of use of the Website.

Links to Other Sites

The Website may offer links to sites that are not under the Operator's control. If the Users visit any of these linked sites they should review each site's terms of use. Specifically, the Operator does not assume any responsibility for any obligations of any persons who offer, provide or mediate services or goods on such sites. The Operator is neither responsible for the policies and practices of other companies nor for the contents of linked third-party sites. We recommend that the User reads the privacy policy and terms of website use of each such website to find out how they protect the User’s Customer Data.

Use of Information and Materials

The Content (material, information, data, news items, software, text, images, graphics, video and audio etc.) contained on this Website is provided for general information only and should not be used as a basis for making business/commercial decisions (including investment decisions). User is advised to exercise due caution and/or seek independent advice before entering into any arrangement or financial obligation based on the Content contained on this Website. The Content contained in this Website, including text, graphics, links or other terms are provided on an “as is”, “as available” basis and are protected by copyright in favour of Operator. User should not distribute text or graphics to others without the express written consent of the Operator. User should not copy, download, publish, distribute or reproduce any of the Content contained on this Website in any form without prior permission of the Operator.

Changes to Website or Policy

The Operator reserves the right to modify the appearance, contents, organization, location and accessibility of the Website and/ or the Policy at any time without prior notice. The publication of any data or information on the Website, with the exception of this Policy on Website Use, will not be considered as an act in law, unless expressly stated otherwise. The User is expected to keep updated of any changes made in this Website and the information available on it on a regular basis and Operator undertakes no responsibility about advising the User about any such changes. Though Operator will endeavor to ensure that information contained on this Site is obtained from sources which, it feels, are reliable, Operator does not warrant such information’s completeness or accuracy. Use of the Website after the republication of amended Policy is deemed to represent the User's consent with the amended Policy on Website Use

Creation of User Account for availing Services

To obtain the Loan(s) or to avail other services from us time to time, the User has to create an account (“User Account”) with us by registering himself / herself. You are solely responsible for maintaining the secrecy of your user id and password for the User Account and shall be responsible for all activities that occur in connection with your User Account. In case of any unauthorized use of your User Account the same shall be intimated to us. You shall not create multiple User Accounts and shall not use your User Account for any purpose that is unlawful, illegal or forbidden by law. As a consideration for availing Loan/ Service through Website, you may be required to pay certain fee, charges, interest or cost as may be applicable as mentioned in our Website or as per the terms for respective products and services as prescribed by us. You understand that application of loan through online means is dependent on technical factors which inter alia includes your connectively to internet, your ability to make payment through online means which in-turn is depended on payment services from your bank or similar service providers, capability of the computer or phone which you use for the purpose, your careful approach in reading the terms, understanding the same and following the process. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.

Prohibited Conduct

By using our Website you agree that you shall not: (a) use our Website for spamming or illegally interfere with security, integrity, networks connected therewith and operation related features of our Website or features that enforce limitations on the use of Website; (b) infringe ours or any third party's intellectual property rights, rights of publicity or privacy; (c) post or transmit any message data, image or program which violates any law or which is libellous, defamatory or which discloses private or personal matters concerning any person; (d) refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to us; (e) upload any content that constitutes negligent advice or contains any negligent statement or instructions, an incitement to commit or promote a crime or criminal activity; or any content which is in contempt of any court, or in breach of any court order or any law for the time being force or threatens the unity, integrity, defense, security or sovereignty of any country, or public order; (f) use the facilities and capabilities of Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; (g) breach these Terms or any other policies which we have; and (h) use web site to collect or obtain personal information, including without limitation, personal information about other users of our Site.

Copyrights and Trademarks

All copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of the Operator and/ or its affiliates and/ or third parties who have an arrangement with the Operator to provide services to the User. The User is further required to observe the Operator's copyrights of this Website and, furthermore, to observe the third parties' rights to material and text posted by the Operator on the Website (including, but not limited to, trademarks, logos etc.) but owned by third parties and which is under the protection of appropriate laws on the protection of intellectual property rights. You do not have the right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 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 services. You will not copy or transmit any of the services. We neither represent nor warrant that your use of materials displayed at the Site will not infringe rights of third parties.

For the purpose of creating the User Account through the Website:

1.You shall be an Indian citizen resident in India and minimum 18 years of age. 2.You shall not be a person either barred or otherwise legally prohibited from taking Loan or availing services offered by us 3.You should have an updated UID (Aadhaar) number and Permanent Account Number (PAN) or such other valid identity proof and residential address proof as described by Reserve Bank of India and prescribed by us for KYC requirements 4.You shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity or affiliation with any person or entity. 5.You have valid email address and valid mobile number where you want to receive OTP and other communications from HCIN. 6.You have a bank account in India (bank name, IFSC, branch and account number) having enabled internet banking facility for the purpose of transfer/ receipt of funds. 7.You should be either salaried employee or self-employed or pensioner. 8.You have read and understood the Privacy Policy, Policy on Website Use as well as General Terms and Conditions for obtaining Personal Loan from BABA NANAK. While creating the User Account you will be asked to provide certain information which may include your personal details (like name, address, date of birth, father’s name, mother’s name etc.), contact details (like your residential address, email address, telephone / mobile number etc.), (collectively and individually referred as,“Customer Data”). We request you to provide complete and accurate information to strengthen your credibility. You confirm and warrant that the details submitted are true and correct and we can rely on it for providing the Loan and/or services sought by you through the Website. Pursuant to you creating the User Account and submitting the Customer Data, We will be holding and processing Customer Data. You grant us authority to use the same for the purposes as described in "Privacy Policy of BABA NANAK" as amended from time to time. You are notified that the Customer Data may be used for reporting to Credit Information Companies under the Credit Information Companies (Regulation) Act, 2005 ("CIC Act"), credit service organization for analytical purpose, Central Know Your Customer data registries and other KYC repository services, data storage agencies which may be third party service providers, financial institution, Reserve Bank of India, any other authority (including Unique Identification Authority of India) or any third party engaged by Operator for purpose of proper verification and assessment of the Customer Data, for statistics regarding Customer’s Account, to satisfy any legally enforceable process or compliance purpose, detecting and protecting against error, fraud or identification of other criminal activity or for archiving Customer Data and for complying with the laws applicable from time to time, in India or abroad (as may be decided by BABA NANAK from time to time). Your usage of the Website shall be deemed as consent to the aforesaid and this is without prejudice to other terms mentioned hereof or incorporated here by way of any reference. Apart from accepting this Policy on Website Use for availing the loan or any services from us, you shall be additionally required to agree ‘General Terms and conditions for obtaining Personal Loan BABA NANAK' as registered with Sub-Registrar of Assurances at Mumbai (Maharashtra) under the Deed of Declaration having Registration No.23050 dated 10.11.2015 (hereinafter referred as "GTC") for terms and conditions applicable to the loan Further, it is made clear that accepting these terms or creation of User Account will not bind us in granting you any loan or services, the same shall be further governed by the specific terms in addition to this Policy.

Breach of the Terms

Without prejudice to our rights under this Policy, if you breach these terms & conditions and in any way, or if we suspect that you have breached these terms & conditions of Website use in any way, we may (i) send you one or more formal warnings; (ii) temporarily suspend your access to Website; (iii) permanently prohibit you from accessing Website; (iv) block the device using the IP address or International Mobile Equipment Identity Number from accessing Website; (v) contact any or all of your internet service providers and request that they block your access to Website; (vi) commence legal action against you, whether for breach of contract or recovery of amounts due or damages or otherwise; and/or (vii) suspend or delete your account on Website. The User herein agree to indemnify and hold us harmless from and against any and all claims, action, liability, cost, loss, damage, endured by us by your access to the Website.

Refund and Cancellation Policy

Any additional payment made by You shall be refunded back within 30 days pursuant to the reconciliation of the accounts by BABA-NANAK. Once a Benefactor offers a loan to a Beneficiary, the Benefactor is not entitled to a refund of the money offered so long as the Beneficiary accepts the offer, or a loan contract is created; a transaction cannot be cancelled thereafter.

No Warranty and Limitation of Liability

This Website may contain advice/ opinions and statements of various professionals/ experts/ analysts, etc. Operator does not represent/ endorse the accuracy, reliability of any of the opinions/ statements/ information by such person. Reliance on these statements shall be at the risk of the user of this Website. The Operator does not guarantee the accuracy, correctness, completeness, timeliness or availability of this Website's contents and/or services and does not accept any responsibility (e.g. towards the Users of the Website) in this respect. It is the responsibility of the User of this Website to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided on this Website. No information sent to any client through this Website or available on this Website shall constitute any representation or warranty by the Operator, or its subsidiaries or affiliates regarding the credit-worthiness, financial performance or prospects, solvency, or viability of any company or other legal entity or the business carried on by such entity. The User is fully liable for any risk for his use of this Site and the Operator does not assume any responsibility or liability for such risk. BABA NANAK, its subsidiary companies, its affiliates, and their directors and employees (Entities) accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, damage or expenses) from use of this Website by any User or any linked site or inability to use by any party, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this Website, its Contents or associated services, or due to any unavailability of the web site or any part thereof or any contents or associated services even if the Entities are advised of the possibility of such damages, losses or expenses. Due to the nature of the Internet transactions, use of or access to the Website may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Operator is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send. By accepting this terms or using this Website or by expressing intent or by making application for availing any loan or services, you confirm that you have understood the intricacies, the related risks and the process, you also confirm the aspects mentioned aforesaid are beyond control of the Operator. Hence, any of your acts will be at your choice and discretion and therefore you disclaim us from claim or damages suffered by you or for loss of profit.

Dispute resolution and governing law

The use of this Website and the Policy on Website Use shall be governed by Indian law. The Policy on Website Use and your activity under this Policy are an ‘electronic record’ in accordance with the (Indian) Information Technology Act, 2000. Any dispute arising in connection with the use of Website shall be settled before courts of Mumbai (India) and in accordance with Indian law. Should any provision of this Policy be held invalid or unenforceable for any reason, the invalid or unenforceable provision shall be severable from the remaining provisions and shall not affect the validity or enforceability thereof.
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