Terms Of Use
IMPORTANT: PLEASE READ THIS TERMS OF USE CAREFULLY. YOUR USE OF AMBAK PLATFORM AND ASSOCIATED SERVICES, MEDIA, MATERIALS, AND OTHER INFORMATION IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THIS TERMS OF USE.
We want you to fully understand the terms and conditions of using TenB Fintech Private Limited’s (“Company” or “we” or “our” or “ us”) website www.ambak.com and its mobile applications named Ambak Saathi, Ambak Yoddha, Ambak Sangam (together “Ambak Platform”) and the associated services, media, materials, and other information. This Terms of Use (this “TOU”) is a legal contract between the users (either an individual or entity) (“User” or “Users” or “you” or “your” or “yourself”) and the Company, for the use of the Ambak Platform and the content that is being posted on the Ambak Platform (“Ambak Platform Content”). The TOU shall be read in conjunction with the Privacy Policy ( Privacy Policy). If you are a channel partner who is partnering with us, then the terms and conditions (“Channel Partner T&Cs”) available at [ T&C] will also be applicable to you. Ambak is engaged in the business of simplifying distribution of lending products using technology via the Ambak Platform (“Services”) for its Users. By using or accessing the Ambak Platform, you agree to be bound by the terms of this TOU including any updates or modifications thereof.
The Ambak Platform is intended for individuals 18 (Eighteen) years of age or older. By using or accessing the Ambak Platform, you represent and warrant that you are at least 18 (Eighteen) years of age and competent to contract in India. If you are not at least 18 (Eighteen) years of age or do not agree with the terms of this TOU, do not use, or access the Ambak Platform.
This TOU is published in accordance, inter alia, with the provisions of the Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy, and the terms of use on the online portal.
1. AMBAK PLATFORM CONTENT
1.1 The Ambak Platform provides access to information primarily about certain financial products/services, aiming to facilitate processes such as obtaining loan facilities in simplified steps. Additionally, we may offer ancillary services, including credit check services and accessing your information through third-party sites like the websites and platforms of crediting information companies, provided on a commercially reasonable effort basis. Your participation in availing Services, including ancillary services, offered by us, is entirely voluntary and by continuing to use our Ambak Platform, you are acknowledging acceptance of the TOU, including any updates or modifications thereof. Further, you understand and agree that Ambak will not be liable for any incorrect information/defect in services provided by such third-party websites and/or for their ancillary services.
1.2 You authorize us to share your information including your personal information with third parties for joint marketing purposes, offering various services, report generations, and providing value-added services associated with the selected services or otherwise.
1.3 You consent to receive communications including but not limited to via email, telephone, WhatsApp message, SMS and/or any other means from us or our third-party vendors/business partners/marketing affiliates regarding service updates, information/promotional emails, and/or product announcements, even if your mobile number is registered under the Do Not Disturb)/National Customer Preference Register list under TRAI regulations.
1.4 You authorize us to share/disclose your information with any third-party service provider or authorized agents for communication and service provision purposes. We will retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce agreements entered for providing Services and ancillary services.
2. RIGHT TO USE
2.1 You acknowledge and agree that the Company owns all legal rights, title, and interest in and to the Ambak Platform and the Services, including any intellectual property rights that exist in the Ambak Platform and the Services, whether those rights are registered or not. Additionally, you recognize that the Ambak Platform and the Services may contain Confidential Information (as defined below) designated by the Company, and you agree not to disclose such information without the Company’s prior written consent.
2.2 The Company grants you a limited license to access and utilize the Ambak Platform, the Services, and ancillary services. However, this license does not extend to downloading or copying any information for the benefit of another individual, vendor, or any other third party. Furthermore, you are prohibited from creating derivative works, modifying, reverse engineering, reverse assembling, or attempting to discover any source code related to the Ambak Platform and/or the Services. You may not sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Ambak Platform and/or the Services. Any unauthorized use by you will result in the termination of the permission or license granted to you. In the event, you breach this Clause 2.2 for any reason whatsoever, such action shall be construed to be a breach of the terms of such agreement. In such case, the Company shall be entitled to take legal actions against you as per Clause 18 of this TOU.
2.3 We do not commit to ensuring that, the Ambak Platform will be available at any particular time.
2.4 While we shall make best endeavours to ensure the proper functioning of the Ambak Portal, you shall not hold us liable for any loss or inconvenience suffered due to the unavailability of features or Services provided on the Ambak Portal.
3. OWNERSHIP OF LICENSED MATERIALS AND RESTRICTIONS
3.1 The technical documentation, open-source, and other related materials relating to the Ambak Platform and Services (“Licensed Materials”) are proprietary to the Company and are protected under Copyright law, and all right, title, and interest in and to the Licensed Materials (except for certain public domain and/or open source development tools, routines, subroutines, and programs contained within the Ambak Platform), including all revisions, updates and enhancements thereof and derivative works based thereon and all intellectual property rights contained therein or relating thereto, are and will at all times remain with the Company. This TOU does not convey to you any interest in or to the Licensed Materials, but only a limited right of use, subject to and revocable in accordance with the terms of this TOU.
3.2 The Source code for the Ambak Platform is the intellectual property of Ambak. This TOU doesn’t provide any rights of access of the source code to you.
4. CONDUCT
4.1 You agree that you will not with regard to the Ambak Platform and Services host, display, upload, modify, publish, transmit, update or share any of the following information and indulge in any of the following activities:
(i) Impersonates any person or entity or make false claim or otherwise misrepresents your association or affiliation with any person or entity;
(ii) Access, use, or availing services through the account that belongs to others without their authorization;
(iii) Infringe the intellectual property rights of the Company or any third-party, whether individual or entity;
(iv) Use of the services or the Ambak Platform in any manner that could damage the Company or its reputation;
(v) Damage, circumvent, disable or otherwise interfere with the security-related features of the Ambak Platform or use software viruses or any other computer code, files or programs designed to interrupt, destroy, limit or impair the functionality of the Platform;
(vi) Disassemble, decompile, decipher or otherwise attempt to discover the source code, by way of reverse engineering or by any other method, of the Ambak Platform or any part thereof;
(vii) Use of data mining, robots, crawlers or similar data gathering and extraction tools and technologies in any manner or for any purpose whatsoever;
(viii) Intentional interference with the Ambak Platform to damage, restrict, delay or inhibit operation of the Ambak Platform or any part thereof by any means, including without limitation, uploading or otherwise disseminating viruses, spyware or other malicious files that consist of contaminating or destructive feature;
(ix) Post, communicate or otherwise transmit any messages or content which is defamatory, blasphemous, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, harms, minors, hateful, or racially, ethnically, objectionable, disparaging, threatening, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or which discloses private or personal matters concerning the Company or any third-party;
(x) Use of the Ambak Platform or Services to indulge in or conduct any activity or solicit the performance of any illegal activity or other activities which infringes the rights of others;
(xi) Provide false, inaccurate, or misleading information or provide information without the consent of the User;
(xii) Use of the Ambak Platform to collect or obtain personal including financial information or Non-personal Information of any other party except with written approval by the Company;
(xiii) Downloading, copying, using, aggregating, reproducing, publishing, modifying, distributing, deleting any data information, data, or content without prior consent from the Company;
(xiv) Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
(xv) Access, monitor or copy any content or information from the Ambak Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(xvi) Violate the restrictions in any robot exclusion headers on the Ambak Platform or bypass or restrict or circumvent other measures employed to prevent or limit access to the Ambak Platform;
(xvii) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(xviii) Deep link to any portion of the Ambak Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of the Ambak Platform into any other platform without our prior written authorization; and
(xix) Any act or omission contrary to the law.
4.2 You hereby acknowledge and accept that if you breach any term of this TOU, the Company at its own discretion shall have the right to suspend/terminate/revoke access or stop providing the Ambak Platform and its Services to you.
4.3 We reserve the right, but have no obligation, to monitor the materials posted on the Ambak Portal. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable laws or either the spirit or letter of this TOU.
5. RESPONSIBILITY FOR YOUR CONTENT AND COMMUNICATIONS
While the Company is not responsible for your content or communications, it reserves the right to delete any such content or communications at any time without providing notice to you or any other party. You bear sole responsibility for any information you submit on the Ambak Platform. Additionally, the Company retains the authority to deny access to anyone believed to have violated the terms of this TOU. Furthermore, the Company reserves the right to investigate and pursue legal action against Users for violations of this TOU, including intellectual property rights infringement and security issues, to the fullest extent permitted by law. The Company may collaborate with law enforcement authorities in prosecuting Users who breach this TOU.
6. PRIVACY POLICY
By using the Ambak Platform, you hereby consent to the use of your information as we have outlined in our Privacy Policy. This Privacy Policy explains how Company treats your personal information when you access the Ambak Platform and use other Services. You may be routed to third party websites in some cases and the privacy policy and terms of use of such website will apply.
7. YOUR REGISTRATION/ ACCOUNT
7.1 By using the Ambak Platform and registering with us, you confirm that you are of legal age to form a binding contract and that you are not prohibited from receiving services under the laws of India or any other applicable jurisdiction. You agree to use the Ambak Platform only for lawful purposes for yourself or for another person for whom you are legally authorized to act. You will inform such other persons about the TOU and/or Privacy Policy that apply to the Services undertaken on their behalf, including all associated rules and restrictions.
7.2 You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID (as may be applicable in accordance with the Service selected), allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your (“Registration Information”). You agree that you are responsible for maintaining the confidentiality of your Login ID and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account or password. Because of this, we strongly recommend that you exit/ logout from your account at the end of each session. You agree to notify the Company’s grievance officer as mentioned on the Ambak Platform’s Privacy Policy immediately of any unauthorized use of your account or any other breach of security. You further agree that the Company shall not be liable for any unauthorized use or access unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Company.
7.3 You agree to provide true, accurate, current, and complete information about yourself and commit to promptly informing/updating any changes in your Registration Information to ensure it remains up-to-date and accurate. Maintaining accurate information is crucial for the provision of Services and ancillary services by or through the Company. You further agree not to misrepresent your identity or attempt unlawful access to the Ambak Platform or use of the Services. Please note that additional terms and conditions will apply to the Services you select for purchase. It is important to carefully read and understand these additional terms and conditions.
8. DATA AND PRIVACY
You acknowledge that the data available or hosted online involves risk of unauthorized use and disclosure from actions of third parties and such other circumstances beyond the control of the Company and that the Company does not provide any representation, warranty or guarantee for any such unauthorized use or disclosure. In the event of any damages or loss of profit occurring due to the complete or partial destruction of any data owing to an unforeseeable event beyond the control of the Company, the Company shall not bear any liability or responsibility for such damages or losses.
9. USER DUE DILIGENCE REQUIREMENTS
9.1 You agree and acknowledge that for any financial transaction conducted through the Ambak Platform, Our Company may implement User due diligence measures and request mandatory information necessary for Know Your Customer (KYC) purposes.
9.2 Our Company reserves the right to obtain sufficient information to establish, to its satisfaction or the banks/financial institutions', the identity of each User, and to determine the purpose and nature of the intended relationship between you and the bank/financial institution. You agree and acknowledge that our Company may undertake enhanced due diligence measures, including any necessary documentation, to ensure compliance with User due diligence requirements as outlined in Prevention of Money-Laundering Act, 2002 and rules and other applicable laws.
10. SUBMITTED CONTENT
10.1 Some areas of the Ambak Platform allow you to make available certain information such as your name, email address, phone number, address, or other information or in the process of using the software (“User Content”). The Company claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow us or others to view and/or share your User Content in accordance with your settings in the use of software. Further, the Company shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.
10.2 Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any policy or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the website or Services or software including, without limitation, disrupting the normal flow of dialogue in an interactive area of the website, software and Services and deleting or revising any content posted by another person or entity. You agree that any information that you post do not and will not violate third party rights of any kind, including without limitation any intellectual property rights or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.
10.3 By sharing or submitting any content including any data and information on the Ambak Platform, you agree that you shall be solely responsible for all content you post on the Ambak Platform and Company shall not be responsible for any content you make available on or through the Ambak Platform. At Company’s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content, you submit or make available on Ambak Platform, you grant Company a perpetual, irrevocable, non- terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from Ambak Platform:
(i) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
(ii) any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to Ambak Platform.
11. LIMITATION OF LIABILITY
11.1 You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from:
(i) any failure or delay (including without limitation the use of or inability to use any component of the Ambak Platform); or
(ii) any use of the Ambak Platform or content; o
(iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party; or any damages to or viruses that may infect your computer equipment or other property as the result of your access to Ambak Platform or your downloading of any content from the Ambak Platform.
11.2 Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s)/ Services on this Platform, if applicable and if no fees is paid then it will be limited to INR 100.
12. THIRD-PARTY LINKS
The Ambak Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that this TOU and Privacy Policy do not apply to your use of such websites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. DISCLAIMER OF WARRANTY
13.1 You expressly understand and agree that your use of the Ambak Plartform and /or the Services, ancillary services, and all information, products, other services, and content (including that provided by third parties) included in or accessible from the Platform is solely at your own risk. The Ambak Platform and/or the Services and ancillary services are provided on an "as is" and "as available" basis. The Company makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the Ambak Platform or the Services (whether sponsored by third-party service providers or not), and expressly disclaims any warranties of non- infringement or fitness for a particular purpose.
13.2 The Company expressly disclaims all warranties of any kind concerning the Ambak Plartform and /or Services, ancillary services, and all information, products, services, and other content (including that provided by third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. INDEMNIFICATION
14.1 You agree to defend, indemnify and hold harmless the Company, and their respective officers, directors, shareholders, contractors, agents and employees from and against, any and all liabilities, obligations, losses, damages, injuries, penalties, actions, judgments, suits, claims, costs, expenses or disbursements, arising out of, or in connection with, (a) any breach or default by you of any of your representation and warranties, (b) any breach of the terms of this TOU or applicable laws, statutes, ordinances and regulations by you and (c) any claim by a User against the Company .
15. INTELLECTUAL PROPERTY RIGHTS
15.1 The Company shall have the right to use your name and trademark for marketing, advertising and media relation purposes.
15.2 The Company shall retain and be the sole and exclusive owner of all the rights, titles and interests in any and all the intellectual property in the Platform, and services provided herein including without limitation any copyright, trademarks, patents, trade secrets, know-how, look and feel, design, logo, derivative works, improvements or any and all proprietary information including but not limited to any data, software, source program, code etc. owned, controlled or developed by it prior to the execution of or independently of this TOU and you shall not claim any right, ownership or interest in any of the foregoing. Except for the limited rights granted under this TOU, nothing contained herein grants any license, right, title, interest to you in the intellectual property and proprietary rights of the Company in the Platform.
15.3 The Company reserves all rights not expressly granted by it to you under this TOU. You hereby agree to secure and protect all copies of all Platform and any derivative works based on the Platform, in a manner consistent with your obligations under this TOU, and take appropriate action with the employees, temporary employees, or consultants who are permitted access to the Platform and any derivative works based on the Platform.
16. TERM, TERMINATION AND VIOLATION
16.1 This TOU shall be valid and continue to be operative as long as you continue to use the Ambak Platform.
16.2 You are entitled to terminate this TOU anytime by discontinuing their usage of the Ambak Platform and communicate the same in writing to the Company.
16.3 The company shall be entitled to terminate the usage, access, or membership of you at any with immediate effect and with or without cause wherein the term cause shall mean the breach of any of the terms and conditions stipulated in this TOU by you.
16.4 The rights, liabilities or obligations under this TOU that may have accrued to the Company prior to the termination or expiration of this TOU shall not be affected by such termination or expiration and the Company shall be entitled to enforce such rights, liabilities or obligations against you regardless of the same.
17. APPLICABLE LAW
You agree that this TOU and any contractual obligation between the Company and User will be governed by the laws of India. The courts at Gurugram shall have exclusive jurisdiction over any disputes arising out of or in relation to this TOU, your use of the Ambak Portal.
18. FORCE MAJEURE
The Company will be excused from performance of its obligations hereunder and will not be deemed to be in breach of or otherwise liable under this TOU due to its inability to perform its obligations for any period during which, and to the extent that, it is prevented from performing any obligation as a result of causes beyond its reasonable control, including, but not limited to fire, earthquake, flood or other natural disaster, substantial snowstorm or other severe weather condition, epidemic, accident, explosion, casualty, strike, lockout or other labour controversy, riot or other civil disturbance, acts of terrorism or war, embargo, act of God, or any failure of the internet or failure or delay of any transportation, power, or communications system. If the performance of any obligation of the Company under this TOU is delayed due to any such force majeure events, the time for performance of any such obligations will automatically be extended for a period equal to the duration of such force majeure events.
19. FEE AND CHARGES
19.1 You hereby acknowledge that in consideration of the Ambak Platform and its Services provided to you, you agree to pay the fees to the Company as to be separately agreed between the Company and you.
19.2 Applicable taxes on the fee shall be borne by you on actual basis.
19.3 You hereby further acknowledge and accept that if you fail to pay the amount within seven (7) days from the due date, the Company at its own discretion shall have the right to suspend/terminate/revoke access or stop providing Ambak Platform and its Services to you.
20. AMENDMENT
You agree that the Company reserves the right and has the sole discretion to amend any clauses by way of amendment, addition, variation, or repeal or revise this TOU and other policy at any time. Your continued use of the software following the posting of any changes to the TOU of any other policy constitutes your acceptance of those changes.
21. INTERPRETATION
The Company shall have the exclusive right to interpret this TOU and other policies including any future amendment.
22. MISCELLANEOUS PROVISIONS
22.1 This TOU, together with all annexures and exhibits to this TOU, the terms of which are hereby incorporated by reference, constitute the entire agreement of, and supersede any and all prior verbal or written agreements and understandings between, the parties relating to the subject matter hereof and thereof. This TOU has been induced by no representations, warranties or statements other than those contained in this TOU.
22.2 This TOU is binding on and will inure to the benefit of the parties hereto and their respective successors and permitted assigns.
22.3 If any one or more of the provisions of this TOU should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, the validity and enforceability of all provisions of this TOU not ruled to be invalid or unenforceable will be unaffected and the provision(s) held wholly or partly invalid or unenforceable will be deemed amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary, to render them valid and enforceable in conformity with the parties’ intent as manifested in this TOU.
22.4 The headings contained herein are for reference and convenience only, and do not define or limit the scope or interpretation of this TOU and are not to be deemed to be a material part of this TOU.
22.5 In case of any one or more of the provisions of this TOU should be held invalid, illegal or unenforceable, each such provision shall be modified, if possible, to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, then severed, and the remaining provisions contained in this TOU shall not in any way be affected or impaired.
22.6 Except as otherwise provided herein, the rights and remedies provided in this TOU and all other rights and remedies available to either party at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity.
22.7 No failure or delay by any party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
22.8 The Company and you are and intend to remain independent parties. Nothing in this TOU will be deemed or construed to create the relationship of principal and agent, or of partnership or joint venture, and neither party will hold itself out as an agent, legal representative, partner, subsidiary, joint venture, servant or employee of the other. Neither your or the Company, nor any officer, employee, agent or representative thereof, will, in any event, have any right, collectively or individually, to bind, make any representations or warranties, accept service of process, to receive notice or to perform any act or thing for or on behalf of the other party, except as authorized in writing by such other party in its sole discretion.
22.9 This TOU shall not be construed to create any relationship either of employer/ employee, master/ servant, principal/ agent, partnership/ associate or any other relationship of a like nature between the you and the Company.
23. NOTICES
23.1 Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be on the email address specified during the time of registration (“Registered Email-ID”), or to the email address that a party has notified to be that party's email address for the purposes of this section.
23.2 A notice given under this agreement shall be deemed effective/served on the acknowledgement of the other party.
23.3 If no acknowledgement is received back from the other party, the notice given under this agreement shall be deemed effective/served on expiration of 15 (fifteen) business days from the date of email.