YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE TERMS CONTAINED IN THE AGREEMENT, AND USE AND ACCESS OF THE EMERALD PLATFORM AND AVAILING THE SERVICES SHALL BE SUBJECT TO THE AGREEMENT.
This document is an electronic record in terms of (Indian) Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using the Emerald Platform or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of this Agreement.
Important information will be provided to you in electronic records, such as via email, Emerald Platform, and on call, SMS and/or OTT services like WhatsApp, as per the applicable terms and conditions of the Lender.
Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Emerald Platform. Users must be 18 years of age or older to register or visit or use the Services in any manner. By registering for, visiting the Emerald Platform or using the Services, You hereby represent and warrant that You are 18 years of age or older, and that You have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement on behalf of the minor User. Should the Lender via Emerald Platform be made aware that a User is under the age of 18 and is accessing, browsing and/or using the Platform without the supervision of his/her parent or legal guardian, Lender reserves the right to deactivate such User’s account without further notice.
The Agreement is governed by the provisions of Indian law, including, but not limited to:
• the Contract Act;
• IT Act, 2000;
• the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
• the Information Technology (Intermediaries Guidelines) Rules, 2011.
1. CREATION OF YOUR EMERALD ACCOUNT. When You login and register on the Emerald Platform to have access to and use the Services, You will be creating Your “Emerald Account”. Each time You have access to or use Your Emerald Account, You are signifying that You agree to all of the terms and conditions of this Agreement. Your Emerald Account is only for You, and You may not permit any person to have access to or to use Your Emerald Account. If You allow any person to have access to or to use Your Emerald Account, You shall be responsible for any act (or omission) that the person makes, including for any type of transaction made by the person. You hereby confirm that you are of the prescribed legal age and competent to enter into a contract in accordance and compliance with the laws of Your jurisdiction.
For the purposes of registration, identifying a User on the Emerald Platform, the Lender, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Emerald Platform, it is deemed that the User has given express and specific consent for such collection and processing of data for the purpose of use of the Emerald Platform. Registration on the Emerald Platform is a one-time process and is done via OTP based verification. You are required to register with your mobile phone number. A temporary, secure PIN-Code (One Time Password/OTP) will be sent to you via SMS or email, that is valid for one session. Emerald Platform uses OTPs during login to account. Please ensure that you are entering a valid and correct mobile phone number. User must not disclose, transfer, sublicense or otherwise part away with the Login information or try to circumvent them in any manner whatsoever and the Lender shall bear no responsibility for any loss arising out of such disclosure.
You agree to provide true, accurate and complete information as prompted by the registration form and all other forms You access on the Emerald Platform, and You agree to maintain and promptly update all data provided by You and to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current, incomplete, or if the Lender has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, Lender reserves the right to indefinitely suspend, terminate or block Your access to the Emerald Platform, and refuse to provide You with access to the Emerald Platform in future.
2. SECURITY OF YOUR EMERALD ACCOUNT. You shall be solely responsible for all actions and transactions that You or Your authorized agent make in Your Emerald Account. Except to the extent prohibited by law, Lender shall not bear any liability or any responsibility for any misuse of Your Lender Account or any loss of information relating to Your Lender Account. You shall not disclose, transfer, sublicense or otherwise part away with or share with any person Your login credentials, passwords, or other personally identifiable information that would allow access to or use of Your Emerald Account (individually or collectively the “Credentials”).
The User shall assume all risks, liabilities, and consequences if his/her Emerald Account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, availed of any Services. It is specifically clarified that payments of monies towards such Services purchased by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
3. FEES. Lender, may impose a fee or charge on You for use of the Services (each a “Fee”). Lender in its sole discretion, allow You two or more options to make a payment of a Fee; provided, however, that at any time, Lender may be entitled to set-off payments from your bank account to satisfy any amount You owe for any Fee. By accessing or using the Emerald Platform or your Emerald account, you signify your agreement to permit the lender to debit or otherwise charge your bank account for any fee.
All payment of Fees is in Indian rupees. You may use any of the payment method available on the Emerald Platform. Lender may enter into agreements with third party payment gateways, payment aggregators, banks and financial institutions in connection with the collection and remittance of Fees to Lender.
Lender shall not be responsible if a payment made by a User is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s) or for loss or misuse of any information such as Your account details, passwords etc. by third party payment gateway aggregators and financial institutions. Any dispute in connection to the same shall be settled between the User and the network operator.
GRANT OF AUTHORITY
1. Lender may as a result of your interaction with the Services via Emerald Platform hold and process personal information obtained about you. When you access the Services and provide information the same will be deemed as your authorisation to Lender (i) to use it for making lending decisions or decision to provide any Services (ii) to other service providers for offer of various products and services which you may need (iii) for fraud prevention and debt collection (iv) to understand your financial needs (v) servicing Lender’s relationship with you and to conduct Lender’s business and to provide you with better customer services and products.
2. You grant the Lender authority to pass such information to other agents as permitted by law so that they may do the same and they may pass information held by them about you to Lender so that Lender may do the same.
3. Lender will not disclose any such information outside except as mentioned above other than for fraud prevention purposes and/or if required/obliged by law or Governmental or judicial bodies or agencies or to Lender’s regulators under proper authority, or under a strict code of secrecy to sub-contractors or persons acting as the Lender’s agents or where the Lender have your consent or have previously informed you.
4. By consenting to these Terms, You hereby grant the Lender the authority, power and also authorize Lender or Lender’s authorized representatives to do all acts on your behalf as may be necessary for the purpose of providing the Services sought by you through the options available with the Lender.
4. CONFIDENTIALITY OF INFORMATION. You hereby expressly and unconditionally agree and consent to Lender to disclose any data or other information, including any sensitive personal data or information or non-public personal information about You, to any third party in connection with Your use of Your Emerald Account or Your request for an Electronic Payment if the disclosure is:
Necessary to conduct or to complete any transaction for the Electronic Payment or to settle or to document the Electronic Payment;
Authorized by You, which authorization may be made orally or in writing; or
5. CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS OR UNAUTHORIZED ELECTRONIC PAYMENT.
You will promptly inform us if You believe the Credentials of Your Emerald Account have been stolen. We shall make reasonable best efforts and take all necessary actions to prevent any further transactions to be undertaken from Your account. You can call: 9815571659 or email at email@example.com
6. CONSENT FOR USE OF USER/YOUR DATA:
You agree that you are required to share true and complete personal, demographic, family related, business, credit and financial information/ data (hereinafter “Customer Data”).
In order to process your loan application, you agree/authorize the Lender:
• To access and update information such as personal data including sensitive personal data relating to Your credit history available with Credit Information Companies (Bureaus) or any other agency authorised in this context by RBI.
• For sharing such information with its third-party affiliates including credit evaluation agencies and service providers to carry out the processes necessary for the sanction and disbursements under the Facility and maintenance of the Facility, in accordance with Applicable Law.
Thus, You accept, confirm and consent to the disclosure and sharing by the Lender of all or any information and personal data including sensitive data relating to You, the facilities, any other transactions that You have with the Lender and the agreements and documents related to the facilities and transactions, including but not limited to information relating to default, if any, committed by You, in the discharge of the Your obligations in relation to the facilities or other transactions, as the Lender may deem appropriate and necessary to disclose and furnish, to RBI and/or to the Credit Information Companies (Bureaus) and/or to any other agency or body as authorized in this behalf by RBI, and/or to other banks and lenders including assignees and potential assignees, and/or to its professional advisers, underwriters and consultants and to its service providers and other relevant third parties, and/or as required, whether under Applicable Law, or at the order of a court of law or parties which the Lender deems fit therein.
You agree to immediately notify the Lender regarding any change of address or update the particulars submitted by you at the time of the Facility application including, inter alia change in employment, bank account details, phone number, email id, and other contact details, also including any event which affects your ability to perform the obligation under this agreement.
You will promptly inform us of any change in your employment status or change of the Employer. You will not be eligible to withdraw funds using the Emerald Platform unless your Employment details are updated.
7. YOU ACCEPT
You accept, confirm and consent to avail various product offers or promotional schemes provided by the Lender, from time to time and hereby authorise the Lender, its Service Provider(s) to contact and offer you such schemes through aforesaid Contact Options such as Phone call, SMS, Email and OTT services like WhatsApp etc. You also authorise the Lender, its Service Provider(s) to contact you to discuss the current status of the Credit Facility/Loan or to remind/ collect any dues in respect of the product or to offer any subsequent product or for any matter related to the product(s) and such phone calls, SMS etc. shall not be covered under the purview of “DO NOT DISTURB” policy of the Telecom Regulatory Authority of India (TRAI). For this purpose, you grant permission to the Lender & Service Provider(s) to contact you at any time between 0800 hours to 1900 hours from Monday to Sunday. Such authorisation in favour of Lender & Service Provider(s) shall continue to be valid even if you ceased to be the customer/ borrower/ client of the Lender via Emerald Platform, at any point of time.
8. BINDING CONTRACTUAL TERMS
Lender reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. Lender shall notify you in advance of its election to exercise its right to discontinue the Services. Lender shall not be liable to You or any third party in the event that the Lender exercises its right to modify or discontinue any portion or all of the Service.
You agree not to enter into any contractual provisions in conflict with this Agreement. Any provision of a contract / arrangement entered into by You in conflict with the Agreement is null and void.
You affirm and agree that, given the general and “as-is” nature of the Emerald Platform, You are not specifically relying on any statements, or materials contained on Platform to make any business decisions. You agree to conduct your own related due diligence in relation to the Services being procured or provided by You, as the case may be.
The Agreement will remain in full force and effect while You are registered with the Emerald Platform or use any Services available on the Platform in any form or capacity.
11. AUTHORIZED USE OF THE SERVICE
12. RESTRICTIONS ON USE OF THE SERVICES
use the Service for any purpose other than for using the features Emerald Platform intentionally provides or makes available to You;
share Your password, allow any person to access Your account, or take any action or inaction that might jeopardize the security of Your account;
assign or transfer Your account or login information to anyone;
attempt to access the accounts of any user of the Service other than Your own account;
translate, modify or create derivative works of the Services;
upload, download, recreate, display, perform, post, reproduce or copy the Services, except with the prior written consent of Emerald ;
modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than Your content which You legally post on, through or in connection with the Service;
attempt to derive the source code, source files or structure of the software contained in the Services by reverse engineering, disassembly, decompilation or any other means;
use the Services except in accordance with all applicable law;
introduce into the Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, or programs, algorithms or methodologies which do the same things in connection with the Services, or use other automated processes to access or to use the Services;
provide false personal information or create an account for anyone other than Yourself without Lender’s permission;
create another account via Emerald Platform without Lender’s permission, the Lender has disabled Your account;
post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libellous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
use the Services in any manner that could damage, disable, undermine, overburden or impair the Services or the servers on which it runs or interfere with any other party’s use of the Services;
upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services;
harm minors in any way;
threaten the unity, integrity, defence, security or sovereignty of any State, friendly relations between foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
share any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
intentionally submitting on the Platform, false or inaccurate information;
attempt to decipher, decompile, disassemble or reverse engineer any part of the Emerald Platform, or attempting to create any derivate works of the Emerald Platform;
forging headers or otherwise manipulating identifiers in order to disguise the origin of any message, transmittal You send through the Emerald Platform, or any Services offered on or through the Emerald Platform; or
use any of the logos, trademarks, service marks or other indicators of origin appearing on the Services.
Lender believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not post or submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.
13. PAYMENT AND FEES
Lender may impose a Fee or charge on You for use of the Services. Under this Agreement, You shall be solely responsible for payment to the Lender of the applicable Fee, and Your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee, as the Lender may specify. You represent and warrant that You are authorized to use any Cards or Payment Services You furnish under the Service. However, Lender shall not charge You solely for use of the Emerald Platform or to solely access your Account.
14. SECURITY MEASURES
Lender will apply reasonable measures to protect the security of Your sensitive personal data and non-public personal information and other data essential for use of the Services, such as information You upload or enter when using the Emerald Platform. You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials.
Lender is entitled (but not required) to apply security measures to protect the Services and the Content, and the Lender may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services.
You shall immediately notify the Lender of any activity on the Services suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.
You shall immediately notify the Lender of any security breach involving the Services of which You become aware, including any loss of non-public personal information and any incident where non-public personal information relating to You becomes available to unauthorized persons through the Services.
While the Lender shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, Lender shall not be liable for any interruption that may be caused to Your access or use of the Services.
15. INTELLECTUAL PROPERTY
The contents of Services, information, text, graphics, images, logos, button icons, software and tools, data, audio, video, software codes, interface, designs and the collection, arrangement and assembly of the content on the Emerald Platform or any of the other Services accessible or available through any part of the Emerald Platformare the property of the Lender, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Content or sublicense, resell, rent, lease, transfer, assign, time share, reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
Lender owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lender reserve all rights not expressly granted in and to the Services and the Content. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless Emerald first expressly permits you to do so by notifying you in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Emerald . You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.
Lender may, at its sole discretion, permit You from time to time to submit, upload or otherwise make available to the Lender or any of its representatives or agents through the Emerald Platform any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to the Lender a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
You warrant and represent to the Lender as set out below:
The information provided to the Lender in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to the Lender via Emerald Platform is true in all respects, up-to-date and not misleading in any way.
You shall not access the Services under false identity or pretext and will not use the Services to falsify Your or any other person’s identity.
You shall use the Services lawfully and in good faith.
You shall keep Your log-in credentials and passwords secure and shall not disclose otherwise share such information with any person.
Lender does not covenant or warrant that:
the Services will be made available at all times;
the content available on the Emerald Platform is complete, true, accurate or non-misleading;
the Services provided through the Emerald Platform are of specified standards and quality; and
the Lender has undertaken any verification of the Users or their credentials.
17. DISCLAIMER OF WARRANTIES
You agree that your use of the services shall be at your sole risk. The services are provided to you on an “as is” basis. Lender gives no warranty nor make any representation in relation to the service or the content. Lender expressly disclaims to the fullest extent permitted by law and you waive any representation or warranty on the part of the Lender relating to the services or to the content, express, implied, statutory and otherwise in connection with the services, any software licensed or provided to you by Emeraldor third parties, including any implied warranties of availability of the services, non-disruption, security, accuracy, loss of data or corruption of data, the use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third party rights, as well as warranties arising by usage of trade, course of dealing, and course of performance. Without limiting the foregoing, the Lender does not represent or warrant that the information on the services or on any websites or apps linked to the services is accurate, complete or current; that the services will operate without interruption or error; or that the quality, safety or legality of any content, products, services, information or other material purchased or obtained by you through the services or the Emerald Platform or agreements you enter with third parties such as advertisers will meet your expectations. Lender assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever (including, without limitation, data loss or corruption), resulting from your access to and use of the service, (c) unauthorized access to or use of our servers and/or any and all personal information and/or information stored therein, (d) interruption or cessation of transmission to or from the service, (e) bugs, viruses, trojan horses, destructive computer codes, or the like which may be transmitted to or through the service by any third party, and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.
19. LIMITATIONS ON LIABILITY
the Lender, Apple and/orGoogle will have no liability whatsoever for any damage, liability or loss that you may incur, or for any other undesirable consequences, resulting from: (a) any suspension or disruption of the service, including w here such suspension or disruption results from the Emerald parties’ negligence, (b) any errors, mistakes, or inaccuracies of content, (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (d) unauthorized access to or use of Lender’s or its affiliates’ servers and/or any and all information stored therein, (e) interruption or cessation of transmission to or from the service; (f) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, (g) user submissions, third party websites or apps, or (h) any loss or damage of any kind incurred as a result of your use of any content, your business transactions or other interactions with any third parties or advertisers, wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Lender is advised of the possibility of such damages. the foregoing limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
20. TERMINATION OF THE SERVICES
Lender may at any time, and in their sole discretion, discontinue the Services or modify the Services, and such action by the Lender may adversely affect the use of the Services. Lender shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Lender shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. Lender may give such notices through the Service or on its website or by email communications.
You acknowledge that removing the Emerald Platform from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the [service termination settings in the Emerald Platform].
Upon Your request that Your use of the Services be terminated:
-Your right to access and use the Service will immediately terminate; and
– all of Your personal information will be permanently deleted from the Service, provided that
– copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
– Lender will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
21. LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by the Lender. Lender has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. Lender will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE LENDER, APPLE AND/OR GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, Lender encourages You to be aware when You leave the Service, and You should read the terms and conditions that apply to other websites You visit.
Lender takes no responsibility for advertisements or any third-party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that the Lender is not liable for any loss or claim that You may have against an Advertiser.
You agree that you bear all risk and you agree to release the Lender, Apple and/or Google from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the service and your transactions with advertisers or other third parties.
23. SEVERABILITY AND ASSIGNMENT
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect. Notwithstanding the foregoing, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
24. DISPUTE RESOLUTION; ARBITRATION
The Agreement and any contractual obligation between Lender and You under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Chandigarh,
If any dispute or difference of any kind whatsoever shall arise between the User and Lender in connection with or arising out of this Agreement, both the parties shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. Lender may at its option, seek to settle any dispute arising out of or in connection with the Agreement through mediation in accordance with the Alternate Dispute Resolution and Mediation Rules, 2003.
In the event the User and Lender are unable to amicably resolve a dispute, Lender and the Users hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Chandigarh. The arbitration shall be conducted by a sole arbitrator appointed mutually by the disputing User and Lender.
Arbitration awards shall be reasoned awards and shall be final and binding on Lender and the disputing User/s and shall be enforceable in any court of competent jurisdiction.
25. UNLAWFUL OR PROHIBITED USE
You warrant to Lender that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Emerald Platform, the Services and any other related activities. You further warrant that You will not use the Emerald Platform in any way prohibited by terms contained in the Agreement or under applicable law.
26. GENERAL TERMS
Lender’s failure to enforce any provision of the Agreement or respond to a breach by You shall in no way imply a waiver of Lender’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by You.
28. GRIEVANCE REDRESSAL MECHANISM
Any grievances which You may have with respect to the information shared by You on Emerald Platform hereunder and its treatment, may be directed by You to the grievance officer of Lender at the below mentioned coordinates:
Grievance Redressal Officer/Principal Nodal Officer (PNO):Ajay Tiwari
E-mail ID: firstname.lastname@example.org
Telephone no.: 9815571659
Address: Emerald Finance Limited ,SCO 7 Industrial Area, Phase 2 Chandigarh 160002
Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
The words “include” and “including” are to be construed without limitation.
References to the word “Your” shall have the same meaning as “You”.
CONSENT FOR DEDUCTION OF OUSTANDING AGAINST THE CREDIT FACILITY FROM MONTHLY SALARY-APPLICABLE ONLY TO USER WHERE LENDER HAS A DEDUCTION FLOW AGREEMENT WITH THE EMPLOYER
By applying for a Credit Facility via Emerald Platform , I have read and understood and I am willing to obtain a credit facility on the terms and conditions of Emerald Finance Limited (“Lender”), a non-banking financial company (“NBFC”) duly registered with the Reserve Bank of India, subject to my eligibility criteria and fulfilling necessary documentation requirements of the Lender. I accept the terms and conditions and request the disbursement of the Credit Facility amount to me on the said terms. I hereby, declare that the entries made by me in the Application are complete and true to the best of my knowledge and based on genuine records. I, hereby, undertake to present the original documents immediately upon demand to Lender. I hereby undertake to inform the Lender and my current employer, about any changes in information submitted by me, in the Application and any other documents, including change in addresses and phone nos., from time to time. I, hereby authorize, explicitly consent to my current employer (“Employer”) to validate and provide the information sought by Lender via their Platform regarding my employment and payroll including salary and deductions related details. I also expressly agree and undertake to repay my outstanding balances, as specified in the Credit facility/Loan agreement. i.e., the withdrawn amount (along with associated fees, including late payment charges, if applicable). I further give my consent and hereby authorize the Employer and/or any of its group companies, where I am employed as on date (“Current Employer”) to deduct the outstanding balances as specified by me from my monthly salary pay-out, which will be paid to the Lender by the Employer and/or any of its group companies, till the time I am employed with the Employer or confirmation of closure of the facility from me to the Employer, whichever is earlier, subject to applicable deductions and policies from time to time. I agree that the Credit Facility repayment is always my responsibility and liability to repay all outstanding amounts to the Lender on or within the stipulated dates, and the Employer and/or any of its group companies is not made responsible / liable for any outstanding dues or any non-payment or any other charges payable by me, in case there is a delay or default in my loan repayment at any point of time. I further declare and undertake, that if at any stage, my employment with the Current Employer be terminated /comes to an end, and loan will be repaid by me to Lender directly.
CONSENT FOR EMPLOYER SHARING EMPLOYMENT STATUS DATA AND OTHER EMPLOYMENT RELATED DATA WHERE EMERALD VIA ITS WEB PLATFORM APP HAS AN AGREEMENT WITH EMPLOYER TO SHARE SUCH INFORMATION.
I authorize my Employer to share my employee status and other related employee information to help facilitate the validation of Employment.
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