These Terms and Conditions (“T&C”) is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
By clicking on the “I AGREE” button or by downloading or accessing the Platform, User assents to the Terms and Conditions governing this Platform, the acceptance of terms and conditions being implied. User understands that, for the purpose of providing the Services, the Platform shall requires certain details of the User and the User expressly consents, permits and provides the Platform access to their Aadhar data through one time passwords or finger print or Iris scans. Additionally the User hereby provides similar approvals including but not limited to approvals such as connecting to the Credit Bureau to access the User’s credit and other related data, approval for Permanent Account Number (PAN) Card validation, approval for access to the Banking Account Site for salary details or other details given and pulling the data for sharing.
A user may indicate his / her rejection, by immediate exit or clicking cancel or closing the window. Upon rejection, the user cannot use the Platform or seek information.
All the terms of service or license may not always appear on the same webpage or window.
By continuing to use or access the Platform you are deemed to have read, understood and expressly agreed to the following Terms and Conditions which shall be binding on you:
These T&Cs govern the use of the services in connection to sharing of information relating to Education Loan and Education Infra Loan (“Services”) and other associated services for students and individuals as applicable (“Users”) which is provided by Avanse Financial Services Limited (hereinafter referred as the “Avanse”) to its Users, through the Platform. These T&Cs of use and any additional terms posted on this Platform from time to time which together constitute and represent the whole agreement and understanding between Avanse and the Users who avail the Services and is to be read with the T&Cs.
All terms refer to the offer, acceptance and consideration of payment, if any necessary to undertake the process of assistance to the User in the most appropriate manner, for the express purpose of meeting the User’s needs in respect of provision of the website’s stated services, in accordance with and subject to, prevailing Indian Laws.
To avail of the Services you have to follow and comply with the Guidelines as provided on the website of Avanse Education Loan services and Education Infra Loan
2.2 References to “User”, “Subscriber”, "You" and “Your” refers to you, the person or the user accessing the Platform to avail of the Services as offered by Avanse and accepting Avanse online portal T&Cs. These terms “User”,
“Subscriber” “you” etc. shall also mean “Originator” as defined under section 2 of the Information Technology Act, 2000 and attribution of this agreement as electronic record under section 11 of the Act shall be construed accordingly.
2.3 References to the “Platform" in these T&Cs are to the website, the application and its contents owned by Avanse.
2.4 References to “Party”, “Parties” are to the Users and Avanse
2.5 “dispatch” of an electronic record occurs when it enters a computer resource outside the control of the originator.
2.6 References to “Loan” shall mean the loan that you may seek to and sanctioned and granted by Avanse.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The legislation and regulations relating to the protection of Personal Data (defined below) and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual including (without limitation): (a) the Information Technology Act, 2000 (as amended from time to time), including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules”) and any other applicable rules framed thereunder; (b) all other applicable guidelines (whether statutory or non-statutory) or codes of conduct relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual issued by any regulator to the NBFC; and (c) any other applicable laws solely relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual. You understand that Avanse shall collect, authenticate, track your location, verify and confirm the Personal Data, documents and details as may be required by the Avanse to sanction the Loan.
It is further clarified herein that Avanse is in compliance with the Master Direction -Information Technology Framework for the NBFC sector, Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016 and has in place, policies in relation to Information and Cyber Security and other policies as may be applicable to it from time to time.
PLEASE READ THE T&Cs CRAEFULLY.
By accessing, browsing or using this Platform and the Services, you unconditionally accept, without limitation or qualification, the T&Cs as set forth herein. Further, by accessing any of the sub-sites (whether belonging to an associate or otherwise) through the Platform, then such sub-site may have its own terms and conditions, which are specific to such sub-site.
At the time of registration, you shall be required to share and upload the Personal Data. Personal Data shall also include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, photograph, and information that you share from your Facebook and LinkedIn account to Avanse, financial information such as bank documents, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer, e-KYC data, requirement and other relevant details. You agree that the Personal Data shall always be accurate, correct and complete. Once you verify and upload the Personal Data and/or other documents and details, Avanse shall rely on the same and may process applications with or without additional due diligence/authentication.. Upon successful completion of the document verification by Avanse, the Loan may be sanctioned to you, based on the eligibility criteria and other conditions setforth by Avanse for sanctioning of the Loan. You understand that, Avanse shall disburse the Loan subject to fulfilment of the terms and conditions and other requirements and execution of necessary documentation. The sanctioned Loan shall be disbursed in the designated bank account provided by the User only. You are required to repay the outstanding amount(s) to Avanse on the respective due date(s) mentioned by Avanse. Non-compliance of this provision shall be construed to be material breach, and shall lead to termination of these T&Cs, in addition to any other criminal, civil liability available to Avanse.
You further acknowledge that you shall adhere to any Know Your Customer guidelines issued by Avanse which shall be in accordance with the Reserve Bank of India (Know Your Customer (KYC) Directions, 2016 from time to time. These guidelines shall be displayed on the Platform from time to time.
Unless otherwise specified, the Services are only for your personal and non commercial use.
All materials of Avanse, including but not limited to text, images, photographs, graphics, audio, video, software, icons or other material (the “Content”) which belong to Avanse are protected under international conventions, the Copyright Act, 1957, and all other applicable Indian laws, with amendments, rules and regulations. You shall not use the Content for any purpose, except as specified herein.
You acknowledge and agree that you shall not transmit, distribute, show, exchange, modify, sell, upload post, reproduce, copy, mirror, frame, republish, download, store (in any medium), up-load to a third party, adapt or change in any way the content of this Content or the Services that is/are protected by copyright or other proprietary right of a third party, or create derivative works of the Content or the Services for any business, commercial or public purpose without the express written authorization of Avanse, except to the extent that such copying/printing is necessary for the purposes of availing of the Services at the Platform.
There are proprietary logos, Service marks and trademarks on this Platform either owned/used by Avanse or any other third party(s). By displaying them on this Platform, Avanse is not granting any license to utilize those proprietary logos, Service marks, or trademarks. Any unauthorized use of the Content by you may violate the extant copyright laws, trademark laws, the laws of privacy and publicity, leading to personal liability along with civil and criminal action against you.
This prohibition does not extend to:
Materials on the Platform which are expressed to be freely available for re-use or replication, subject to any conditions we specify; or
Any fair dealing for the purposes of private study, research, criticism or review.
You agree to abide by all instructions provided on the Platform regarding the way you may use the Content.
Upon you agreeing to comply with these T&Cs, you shall be granted a nonexclusive, non-transferable, limited right to enter, view and use the Platform.
You shall not interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever.
Access to certain areas of the Platform may only be available to registered Users. To become a registered User, you expressly undertake to provide only correct and valid information/details to answer certain questions while requesting for any Services under this T&C.
Answers to such questions or information/details required may be mandatory and/or optional. You represent and warrant that all information/details you supply to us, about yourself, are true and accurate and you shall not misrepresent any facts. You hereby provide your consent to Avanse, to share the information provided by you with their service providers and their sub-contractor(s), strictly for the purpose of providing services under this T&C.
At any time during or after receiving a request for Services from you, if Avanse has reason to believe the same to be unauthorized, untrue or false, Avanse in its sole discretion shall have the right to take any steps against you, including cancellation for the Services paid for if any, etc. without any prior information to you. In such an event, Avanse shall not be responsible or liable for any loss or damage that may be caused to you as a consequence of such cancellation of the relevant Services.
When you apply to use our Services, you will be asked to enrol/register by following a guided process and then be issued a Login ID and Password. The Login ID and Password are the means through which you access certain Services. You acknowledge and agree that it is your responsibility to safeguard the Login ID and Password you select from any unauthorized use and to ensure that the same is not revealed to any third party. You will immediately notify us if your Login ID and / or Password is lost or becomes known to another person and you are solely responsible for all access to and use of this site and you shall not let any other person use your Login ID and / or Password or any registered user or subscriber Services.
IT IS YOUR SOLE RESPONSIBILITY TO KEEP YOUR LOGIN ID AND PASSWORD SAFE AND SECURE AND NOT SHARE IT WITH ANYONE.
IN NO EVENT WILL AVANSE BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR LOGIN ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including e-mail and contact information. This information can be updated in your account control panel.
The fee for the Services, if any is subject to change at any time. You should make sure you are aware of the fee for the Services / scheme using which you are availing this service, before you avail it.
We may cancel or discontinue your use of or access to the Services without liability to for future Services if you breach any of these terms.
However, we do not assume any obligation to monitor or censor materials.
We may terminate the Services availed by you in the following circumstances (non – exclusive list):
If you are in breach of any of these T&Cs;
If your use of the Services disrupts our business operations or affects any other party.
If required by law or any Court order.
On any of your Services being terminated, your data will be removed from the Platform.
We reserve the right and sole discretion to:
Censor any Content on the Platform that is deemed inappropriate;
Terminate any Services if they result or may result in, or are the subject of, legal action or threatened legal action against Avanse or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
Terminate any Services at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business or for conduct where the use of the Services is harmful to any other party;
Cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law;
Modify, suspend or terminate, temporarily or permanently, the access to the Platform and the related services or any portion thereof at any time, without notice, for general maintenance or for any other reason. This includes removing information transmitted by you to us. You agree that it may be necessary for us to temporarily suspend the Services for technical reasons or to maintain network equipment or facilities.
By submitting personal information via any of the online forms on the Platform, you agree to be contacted (either by phone or email) by a representative of the Avanse(s) or Avanse or its associate / affiliate.
The Services provided on an "as is" and "as available" basis and the use of the Services is at your own risk. The Services will be provided to the best of our capabilities. However, the Services are subject to the correct and accurate information submitted by you and and Avanse shall not be liable for any consequences whatsoever arising from wrong, incomplete, inaccurate, misleading information provided by you. We make no representations or warranties, either expressed or implied, with respect to the Services, or any service or information provided through the Service. We are not responsible for any damages, injury or economic loss arising from the use of the content or Services provided by us.
The Services shall be provided subject to and based upon the details and/or information as provided by you. In case the details are inaccurate and do not comply with the Guidelines, in that case Avanse shall have no liability whatsoever.
We, our officers, directors, owners, agents, employees and Avanse shall in no way be liable to you or anyone else for any direct, indirect, incidental or consequential damages or economic loss or injury resulting howsoever arising, whether in contract, tort or otherwise from your use or inability to use this Platform, or any of its contents, or from any action or omission taken as a result of using the Services or in connection with this Platform, any other services or products provided to you or any other website to which this Platform is linked. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Your reliance on the completeness, accuracy, suitability or currency of the Platform or its content (including third party material and advertisements on this Platform), irrespective of any verifying measures taken by us. This Platform is designed for general interest only. It is not advice and you should not rely on it;
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
Further Avanse shall not be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
However, nothing contained in the Clause shall exclude or limit our liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Avanse and/or its affiliates, their websites, applications and their respective lawful successors and assigns from and against any and all losses, liabilities, causes of action, claims, demands, damages, costs and expenses, including reasonable legal fees and interest chargeable, brought by third parties as a result of :-
Any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this agreement;
Violation of any law or rights of a third party by you; or
Use of this Platform by you.
You shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Avanse cannot be held liable for the same.
Any information specifically mentioned by Avanse as confidential shall be maintained confidentially and shall not be disclosed unless as required under any law to the appropriate authorities or to serve the purposes of T&Cs and the obligation of the parties concerned.
We take appropriate steps to protect the information you share with us. We have effective technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access, misuse and disclosure.
Avanse will continue to reinforce its security procedures as advanced technology becomes available, to ensure that that its security procedures are compliant with current applicable regulations.
We do not sell, rent, share, lease or otherwise provide your Personal Data to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Data in the following cases:
Administrators. We shall provide access to your Personal Data to our authorized administrative(s) for internal business purposes, who shall be under confidentiality obligations towards the same.
Affiliates. We may provide Personal Data we collect to our affiliates. For example, we may disclose Personal Data to our affiliates in order to respond to your requests for information or the Services, or to help limit your receipt of marketing materials you have requested not to receive.
Business Partners. We may use certain trusted third party companies and individuals to help us provide, analyse, and improve the Services including but not limited to data storage, maintenance services, database management, credit bureaus, rating agencies, web analytics, payment processing, and improvement of the Platform’s features. These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this T&C. We may disclose your Personal Data to partners who perform business functions or hosting services on our behalf and who may be located outside of India.
Service Providers. We may share your Personal Data to the service providers, who are working with us in connection with the operation of the Services or the Platform, so long as such service providers are subject to confidentiality restrictions consistent with this T&C.
Joint Marketing Arrangements. Where permitted by law, we may share your Personal Data with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of your Personal Data, require them to safeguard your Personal Data, and prohibit them from making unauthorized or unlawful use of your Personal Data.
Persons Who Acquire Our Assets or Business. If we sell or transfer any of our business or assets, certain Personal Data may be a part of that sale or transfer. In the event of such a sale or transfer, we will notify you.
Legal and Regulatory Authorities. We may be required to disclose your Personal Data due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Data as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose your Personal Data to (a) law enforcement officers or others; (b) Credit Information Companies; (c) to comply with a judicial proceeding, court order, or legal process served on us or the Platform; (d) to enforce or apply this T&C or our other policies or agreements; (e) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (f) respond to claims that any Personal Data violates the rights of third-parties; (g) or protect the rights, property, or personal safety of Avanse, or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.
Notwithstanding anything mentioned hereinabove, Avanse shall not be responsible for the actions or omissions of the service providers or parties with whom the Personal Data is shared, nor shall Avanse be responsible and/or liable for any additional information you may choose to provide directly to any service provider or any third party.
We may provide links to other websites for your convenience. We do not take responsibility or endorse the content of those websites and are not liable for their availability or for any loss or damage incurred by the use or non – use of such websites. You may access such websites at your own risk. Further, if you avail of any goods or services from such websites, your contract for the supply of those goods and services will be with the third party operating that website.
If you avail of the Services from us through this Platform, the following conditions apply (in addition to, and to the extent these conditions are consistent with, any terms or conditions relating to the Services appearing elsewhere on our web pages or otherwise the subject of an agreement between us):
Your application is an offer to avail of the Services which we may accept, in whole or in part, by providing the same to you. Any acknowledgment of your application is only to confirm receipt of your transmission, notwithstanding that it might state or imply that your application has been accepted;
Where the Services offered through this Platform are supplied by third parties, we are an ordering intermediary only and are not responsible for those Services or their delivery;
Unless otherwise stated, the fee excludes any applicable service tax and delivery and insurance charges;
The provision of Services to you does not confer on you any intellectual property rights (such as marks, designs, copyright or patents) inherent in the Services supplied;
Services available through this Platform are subject to change at any time without notice. Listed Services may not be available immediately or at all.
Both, the User and Avanse, have the right to terminate any Services for any reason, including ending of Services that are ongoing.
We shall not be liable for any delay, interruption or failure in the provisioning of Services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities or other similar events beyond our control that may prevent or delay the provisioning of Services.
If any part of this Agreement is found to be invalid or unenforceable under the applicable laws, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this T&C in any way.
We may, in our sole discretion, change or modify this T&C at any time, with or without notice. Such changes or modifications shall be made effective for all Users upon posting of the modified Agreement to the Platform. You are responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this T&C.
We do not accept agreements and payments from persons below the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or you are the parent or legal guardian of the applicant and have accepted this T&C on his / her behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
This T&C, as may be updated from time to time and posted at www.avanse.com represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.
You agree that, unless other instructions are posted on this Platform, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Avanse as posted on the Platform. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this Platform. We will endeavour to assist you if you specifically inquire about matters in which we have expertise, but cannot accept any responsibility for doing this.
THIS PLATFORM AND ITS CONTENT ARE FOR YOUR NONCOMMERCIAL AND PERSONAL USE ONLY. AVANSE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS PLATFORM OR ITS CONTENTS, DOES NOT ASSUME RESPONSIBILITY FOR OR MONITOR CONTENT ON ANY PAGES/WEBSITES THAT ARE NOT PART OF AVANSE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE RELATING TO THIS PLATFORM AND/OR ITS CONTENT AND/OR ANY WEBSITE TO WHICH IT IS LINKED ARE HEREBY TO THE FULLEST EXTENT PERMITTED BY LAW EXCLUDED. NO REPRESENTATIONS OR WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS PLATFORM, OR ANY WEBSITE TO WHICH IT IS LINKED.
Avanse shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may attributable, directly or indirectly, to your access and use of the Services and on account of your giving deliberate false and/or misleading information to avail of the services by you. Entering this Platform and/or registration for Services, availing of the Services from this Platform will be taken as your understanding and acceptance of this disclaimer.