USER AGREEMENT
Date Last Revised: 10th November, 2021
Perfios Account Aggregation Services Private Limited is a private limited company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as ‘Company’ or ‘Perfios-AA’), having its registered office at HM Vibha Towers, 5th Floor, No. 66/5-25, Hosur Road, Above Star Bazaar, Adugodi, Bengaluru – 560 030, India. Perfios-AA is engaged in providing account aggregation services through its official website – https://anumati.co.in or web application app.anumati.co.in (hereinafter referred collectively or severally referred to as ‘Web Application’) and its mobile application Perfios-AA (hereinafter referred to as ‘App’) (hereinafter referred to as “Account Aggregation Services”). The usage and access to the Web application, App, and other communications that you are offered hereunder and the Account Aggregation Services provided through the said Website and App shall be collectively reffered to as ‘Service/s’. This User Agreement governs the use of the Services (‘User Agreement’ or ‘this Agreement’) and shall apply to any access or use of the Services by a visitor or registered user (hereinafter referred to as the ‘End User’ or ‘You/Your’ or ‘you/your’).1. ACCEPTANCE OF USER AGREEMENT
PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THIS AGREEMENT AT ITS SOLE DISCRETION, ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. ACCORDINGLY, FROM TIME TO TIME, THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY NEED TO BE UPDATED OR AMENDED WITH PRIOR NOTICE TO VIA THE WEB APPLICATION OR APP FOR YOU TO TAKE ACCOUNT OF SUCH CHANGES. YOUR CONTINUED USE AND ACCESS OF OUR SERVICES AFTER WE PUBLISH THE CHANGES TO THIS AGREEMENT MEANS THAT YOU HAVE CONSENTED TO THE UPDATED AGREEMENT FROM TIME TO TIME, IT IS THEREFORE IMPORTANT THAT YOU VISIT OUR WEB APPLICATION AND/OR APP TO REVIEW ANY KEY CHANGES AS YOU WILL BE BOUND BY THEM. IF YOU WISH TO TERMINATE THIS AGREEMENT AT ANY TIME, YOU CAN DO SO BY CLOSING YOUR ACCOUNT AND NO LONGER ACCESSING OR USING OUR SERVICES.
2. SERVICE ELIGIBILITY
By registering with Perfios-AA and using the Services through the Web Application or App, you have consented to the following:
- You are 18 years of age or older
- You are an individual/entity who is permitted to enter into and be bound by a legal contract as per the prevalent laws.
- In the event that you are authorizing certain individual(s), company(ies), third parties or any entities, in any capacity, then, you expressly confirm that you have the valid authority and right to agree to the terms of this Agreement on their behalf.
- Please be aware if there is any reason to believe that you are not eligible to use the Services or that you have made any misrepresentation(s), then Perfios-AA reserves the right to revoke your membership and/or your right to avail of the Services. In such an event, you may contact our support team to assist you/resolve the issue
3. REGISTRATION AND USE
When you register as a member,
- You authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services. Any changes in your registration information must be duly updated by you.You shall not sell, transfer, or assign your account to anyone else. You understand that you are responsible for maintaining the confidentiality of the access/login credentials of your account, including you login identification (ID), e-mail address, password, etc.. You are fully responsible for all activities that occur under your account, e-mail address or password and you shall ensure to exit from your account at the end of each use.
- The Company will send all correspondences, notices and any other communication to the e-mail address furnished by you.
- In the event of you becoming aware of any unauthorized access or misuse of your account/ information, you shall forthwith notify the Company at support@perfios-aa.com. The Company will not be liable for any loss or damage arising from your failure to comply with this Section and/or maintaining confidentiality of your access/login credentials.
4. CUSTOMER/USER CONSENT
Your explicit consent shall be the basis on which all data pertaining to you shall be stored, shared and accessed by the Company. For any retrieval of your data from a Financial Information Provider (“FIP”) where your financial information resides, your consent shall be obtained by the Company in the form of a standardized consent artefact which shall contain the following details namely:
- identity of the customer and optional contact information.
- the nature of the financial information requested;
- purpose of collecting such information;
- the identity of the recipients of the information, if any;
- URL or other address to which notification needs to be sent every time the consent artefact is used to access information
- Consent creation date, expiry date, identity and signature/ digital signature of the Account Aggregator; and
- any other attribute as may be prescribed by Reserve Bank of India (“RBI”).
5. REPRESENTATIONS AND WARRANTIES BY PERFIOS-AA
The Company expressly represents and warrants to you the following –- It shall not part with any information that it may come to acquire from/ on behalf of you without your explicit consent for the same.
- It shall not in any manner whatsoever request, access or store user authentication credentials of customers relating to accounts with various third-party financial information providers.
- The Services provided hereunder are in full compliance with the applicable laws including and especially the RBI Directions/guidelines in relation to Account Aggregation Services as updated from time to time.
- It shall not retrieve, shared or transfer any information belonging to you without your explicit consent as documented in the form of a valid consent artefact.
6. LEGAL USES
- You understand that your right to access and use the Services offered is personal to you and is not transferable by you to any other person or entity.
- You represent that the Services availed are for your use only. In the event you are representing individual(s), company(ies), third parties or any entities, you undertake and state that you are authorized to represent such individual(s), company(ies), third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and Perfios-AA shall not be held liable in any manner to any person or entity.
- You expressly acknowledge that under no circumstance you or your representatives are permitted to sub-license the Services or the rights granted to you or commercially exploit or alienate the rights/Services granted by Perfios-AA pursuant to this Agreement.
7. SERVICES OFFERED BY PERFIOS-AA
The Company provides the Account Aggregation Services as per the applicable regulations as provided by the RBI including but not limited to the rules as prescribed by the Master Direction – Non-Banking Finance Company – Account Aggregator(Reserve Bank) Directions, 2016 (as amended from time to time).8. SUPPORT/GRIEVANCE REDRESSAL
The Company will provide all necessary support to you with regard to the Services. All support shall be provided through e-mail. For any support or help please send the request using the website or web app “Contact us” page on https://anumati.co.in/contact-us/. Alternatively, you can send email to support@perfios-aa.com If your problem is not resolved or if you are not happy with the resolution, you can please send an email to the grievance officer detailing the issue to Mr. Kantharaju H Gouda at grievance@perfios-aa.com. The grievance officer can also be reached on mobile at +919980683084. The Company shall ensure that all customer grievances/ complaints shall be addressed and resolved no later than one month from the date of receipt of such grievance/complaint.9. NOTIFICATIONS
The Company may send you communications, notices or alerts from time to time. In the event that you have disabled the receipt of alerts or communication, the Company recommends you revise the same and activate the receipt of alerts to its proper destination for optimum use of the Services. Communications from the Company will strictly be related to the Services.10. EXCEPTIONS TO THE PROVISION OF SERVICES BY THE COMPANY
Your access and use of the Services may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Web Application/App or other actions that Perfios-AA, in its sole discretion, elect to take. We utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the functioning, operation, security or accessibility of the Services will be uninterrupted or error-free, that defects will be corrected, or the Services or the server that makes it available will be free of viruses or other harmful elements. Notwithstanding anything contained anywhere in this Agreement, you agree that the Company will not be held liable for any restriction, rejection or failure to provide Services due to the aforementioned.11. INTELLECTUAL PROPERTY
You acknowledge that the Services and any software used in connection with the Services contain proprietary and confidential information of Perfios-AA and/or its third-party licensors. You understand that any content or software, including but not limited to its ‘look and feel’ (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), trademarks, service marks, and logos used/displayed, texts, video clips, headers and other material provide to you in relation to the Services is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by the Company in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services offered in whole or part.12. PROHIBITED ACTIVITIES
You agree NOT to do to the following:- Upload, develop, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, or unauthorised to be uploaded/shared hereunder.
- Impersonate or misrepresenting any person or entity, including, but not limited to, individuals, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Web Application/App.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Intentionally violate any applicable local, state, national or international law in relation to your use or access of the Services.
- Use/develop any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services, either in whole or part.
- Use/attempt to use or develop any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Application/App, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer, Google Chrome, Mozilla Firefox, etc.).
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising in any manner making up a part of the Services.
- Override any security feature or bypass or circumvent any access controls or user limits of the Services.
- Imply or state that you are affiliated with or endorsed by Perfios-AA without our express consent.
- Monitor the Services’ availability, performance or functionality for any competitive purpose.
13. DISCLAIMER
THE SERVICE AND ALL CONTENT ASSOCIATED WITH IT IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE CONTENT OR OPERATION OF THIS WEBSITE/APP OR THE SERVICE. THE COMPANY CONTROLS AND OPERATES THIS WEBSITE/APP FROM ITS REGISTERED OFFICE IN BENGALURU (BANGALORE), INDIA, AND MAKES NO REPRESENTATION THAT THESE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE INDIAN TERRITORY.14. LIMITATION OF LIABILITY
THE COMPANY SHALL, IN NO EVENT, BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE OR ACCESS THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF PERFIOS-AA AND ITS AFFILIATES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS RS. 10,000.15. TERMINATION OF SERVICES
Each Party may terminate this Agreement and close the account at any time for the following reasons mentioned below:- The Company may terminate this Agreement and close your account if it comes to the knowledge of the Company that you have breached this Agreement;
- The Company shall terminate this Agreement, if it is so required to be by an express direction of law.
- In the event it comes to the attention of the Company, that you do not meet eligibility criteria stated under Section II (Service Eligibility), the Company will forthwith close your account and delete all information which relates to you without any obligation or liability towards you.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be treated as though it were executed and performed in Bengaluru, India and shall be governed by laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India. All disputes that may arise shall be referred to an arbitral tribunal consisting of a sole arbitrator mutually appointed by the Parties and shall be resolved in accordance with the Indian Arbitration and Conciliation Act, 1996.The venue and seat of arbitration shall be Bengaluru. The language of the arbitration shall be English.17. MISCELLANEOUS
- The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
- Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any manner.
- Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
