Term And Condition
Advance Salary may, at its sole discretion, amend the Terms & Conditions from time to time. Unless otherwise set out herein, amendments shall be effective upon the posting of such updated Terms & Conditions at this website of Advance Salary. Your continued access or use of the services after such posting constitutes your consent to be bound by the Terms & Conditions, as amended.
If you are an individual, you must be at least 21 years old. If you are a non-individual you must be duly authorized (by such non-individual entity) to agree to these Terms. You must be a human being to enter into these Terms. Any use of Advance Salary system by ‘bots’ or other automated tools or methods are not allowed. You represent and warrant that you can enter into these Terms & Conditions and performing the obligations set out hereunder.
Account Set Up
In order to use the Advance Salary system and avail the Service, you must register for and maintain a Service Account (“Account”). Account registration requires you to submit certain information such as your name, address, phone number, Permanent Account Number (PAN) and age and / or any unique identifier that may be assigned to you by Advance Salary. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use Advance Salary systems and/or the Services or result in Advance Salary termination of this agreement with you.
You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Advance Salary in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to Advance Salary shall be to your Account and you shall be liable for any and all liabilities incurred as a result of such misuse.
The Service constitutes of your access to Advance Salary system, the assessment by Advance Salary of your credit worthiness, and subject to Advance Salary determining (in its sole and absolute discretion) that it is appropriate, your ability to apply for short term credit facility.
You acknowledge that Advance Salary allows you to submit a Credit Facility Application based on a determination made by methodologies and algorithms in Advance Salary system. The Advance Salary system undertakes a dynamic evaluation of risk in relation to each Credit Facility Application submitted by you based on various factors including the amount of the Advance, the credit eligibility parameters, and other requirements. Given the dynamic nature of the determination made by Advance Salary system, you acknowledge that there is no assurance or guarantee that Advance Salary shall allow you to submit a Credit Facility Application for each Advance that you seek to avail.
You agree and accept that Advance Salary may in its sole discretion, by itself or through authorised persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment details and obtain credit reports to determine creditworthiness from time to time.
Advance Salary will require you to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to you. When Advance Salary decides to grant an Advance to you, it shall require that you execute a loan/credit facility agreement with it to record the terms of the arrangement.
You must repay the Advance along with all interest, charges and fees payable to Advance Salary in such manner as prescribed by Advance Salary as and when it becomes due.
You acknowledge that an Advance disbursed under the Loan Documentation is a distinct transaction between You and Advance Salary and each transaction is distinctly separate from the other.
You agree to allow Advance Salary to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law. You further permit Advance Salary to use any User Generated Content; and/or other information which you have granted Advance Salary access to, for the purposes of enabling Advance Salary to send payment reminders to yourself or to other persons who can be contacted by Advance Salary through you whether such other persons are users of the Advance Salary system to the extent permitted under applicable law.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and Advance Salary system and any updates thereto. Advance Salary does not guarantee that the services, or any portion thereof, will function on any hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. You are further responsible for obtaining the data network access necessary to use the services on your own.
Subject to your compliance with these Terms & Conditions, Advance Salary grants you a limited, non-exclusive, revocable, non-transferable license in India to :-
Access and use the Advance Salary system through your personal computer system or other mobile communication devices solely in connection with your use of the Services; and Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Advance Salary.
You shall not:-
- Use the Service except as expressly provided in these Terms & Conditions;
- Provide any third parties with access to the services;
- Use the services to post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters;
- Remove any copyright, trademark or other proprietary notices from any portion of the services;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Advance Salary;
- Decompile, reverse engineer or disassemble the services;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
Use the services to host, display, upload, modify, publish, transmit, update or share any information that:-
- Belongs to any other person and to which you do not have any right;
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harms minors in any manner;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law which is in force.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Advance Salary shall have the ongoing right to monitor your use of the services to the extent required to determine your compliance with the terms of these Terms.
User Generated Content
User Generated Content means any information that may be generated or encountered through your Use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.
You understand that all User Generated Content, to the extent permitted by the Advance Salary system, is the sole responsibility of the person from whom such User Generated Content originated. This means that You, and not Advance Salary, are solely responsible for any User Generated Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. Advance Salary does not control the User Generated Content used in the service, nor does it guarantee the accuracy, integrity or quality of such User Generated Content. You understand and agree that your Use of the Service and any User Generated Content is solely at your own risk.
You shall not use the services to upload, download, post, email, transmit, store or otherwise make available any User Generated Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, pornographic, explicit, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
You are responsible for backing up, to your own computer or another device, any important documents, images or other User Generated Content that you store or access via the service. Advance Salary shall use reasonable skill and due care in providing the service, but Advance Salary does not guarantee or warrant that any User Generated Content you may store or access through the service will not be subject to inadvertent damage, corruption, or loss.
You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering into this agreement, You have chosen to use the security measures provided by Advance Salary even though other security measures are available. While Advance Salary uses industry-standard information security measures to protect the Service from viruses and malicious attacks, Advance Salary does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Advance Salary disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite Advance Salary using the information security measures. Advance Salary warrants that, during the term of this agreement, Advance Salary will employ commercially reasonable system security measures. Except as expressly set forth in this section, Advance Salary makes no representation, warranty, covenant or agreement that its security measures will be effective and neither Advance Salary nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or Advance Salary computer servers, unless caused by the wilful misconduct or gross negligence of its employees.
The Services are provided to you on an “as-is” and “as-available basis”. Advance Salary is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services. Advance Salary does not represent that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free.
You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage.
Advance Salary and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors hereby disclaim and expressly waive all other, conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Advance Salary or third parties including, but not limited to, any warranty of merchantability or fitness for a particular purpose or of error-free and uninterrupted use or of non-infringement except to the extent expressly provided above (limited warranty).
Terms and Termination
These Terms and the right to use granted hereunder shall take effect on the date you create an Account with Advance Salary and shall continue in effect until either you or Advance Salary terminates this Agreement in accordance with this section. Either party may terminate this Agreement by providing thirty (30) days’ notice of the same.
Advance Salary may terminate the Agreement i) thirty (30) days after Advance Salary gives you notice of your breach of any provision of the Agreement (other than your breach of its obligations under Section 3(i) (Restrictions) or Section 6 (Confidential Information) which breach shall result in immediate termination) and which you do not cure within the thirty (30) day notice period; or ii) immediately for not repaying the Advance or any other charges payable by You pursuant to these Terms, iii) if you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.
All accrued rights and obligations of the parties shall survive any termination of these Terms & Conditions and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.
In course of your dealings with Advance Salary, either party may share and provide the other with access to its confidential and proprietary information (“Confidential Information”). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The receiving party agrees to take all reasonable security precautions, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agree to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the disclosing party. Confidential Information includes but is not limited to the Services, documentation, third-party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.
You shall defend, indemnify and hold harmless Advance Salary, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against Advance Salary by third parties alleging that:-
- Your use of and access of the Service.
- Your violation of these Terms.
- Your violation of any third party right, including without limitation any copyright, property, or privacy right.
- Any claim that the User Generated Content you submitted caused damage. Your indemnification obligation under this Section 10 will survive the termination of this Agreement and your use of the Services.
Limitation of Liability
In no event shall Advance Salary be liable, whether in contract, tort (including negligence) or otherwise for any loss of profits, business, contracts, or revenues, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental punitive or consequential damage of any nature whatsoever or howsoever arising out of this agreement.
The maximum aggregate amount that you or any party claiming through you can recover from Advance Salary and its affiliates, officers, employees, agents and professional advisors for all claims arising from, under or relating to this agreement (whether in contract, tort including negligence or otherwise) will in no event exceed inr 2,500 (rupees two thousand five hundred only).
You may not assign this Agreement without the prior written consent of Advance Salary.
Arbitration and Governing Law
The Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Delhi, India.
Annual Percentage Rate (APR)
APR (200 to 365%) means the all-inclusive cost of the loan, including cost of funds, credit cost and operating cost, processing fee, verification charges, maintenance charges, etc., except contingent charges like penal charges, late payment charges, etc., levied on the borrowers.
Tenure shall be the time period of the Loan as specified in the Transaction Documents (Maximum 30 days).
Datta Finance And Trading Private Limited shall not be liable to the other for failure or delay in the performance of Services if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving party.
If any of the terms, conditions or provisions contained in this Agreement are determined by any Court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such terms, conditions or provisions shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
All notices and other communications made or required to be given under this Agreement shall be in writing and shall be deemed given upon receipt when sent through (1) email (2) registered post acknowledgement due, or (3) personal service, to the address specified below:
If to Advance Salary:
World Trade Tower, 1710, 17th Floor, Sector 16, Noida, Uttar Pradesh Email: firstname.lastname@example.org
If to You:
To the email id and address provided at the time of registration and set-up of the Account
These Terms along with any supplementary terms or addendum as may be prescribed by Advance Salary / Datta Finance And Trading Private Limited constitute the entire agreement between the parties pertaining to the subject matter contained herein and any written or oral agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by Advance Salary / Datta Finance And Trading Private Limited.