Terms & Conditions

DATE OF LATEST VERSION: 18th October 2024

These Terms and Conditions ("Terms") are an "electronic records" in terms of the Information Technology Act, 2000 ("IT Act") and rules thereunder as applicable and amended from time to time ("IT Rules") and are published by Avanse Financial Services Limited ("Avanse") in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("Intermediary Guidelines") that require publishing rules and regulations, privacy policy and terms of use for access or usage of Avanse's computer resources including the www.avanse.com website ("Website") and Avanse's mobile applications including but not limited to mobile based Android/iOS applications ("Applications") (collectively referred to as "Platform" hereafter). It is hereby clarified that Platform shall also include e-mails, social media, messenger, or dashboards of Avanse.

1. ACCEPTANCE OF TERMS AND MODIFICATION
   1. These Terms along with the Privacy Policy as referred to in Clause 12 of these Terms ("Privacy Policy") as maybe amended and supplemented, from time to time, constitutes a legally binding financial services end-user license agreement between Avanse and the visitor/user ("User") for using various financial services provided by Avanse including but not limited to various loan products ("Loans") and sharing certain data through the Platform ("Services").
   2. Avanse reserves the right, in its sole discretion, to make any changes to the Terms and the Services. Any changes to these Terms will only be effective when posted on the Platform, and the User agrees to review the Terms regularly to understand any changes. Avanse shall not be obligated to inform the User of any such change/modifications more than once in a calendar year.
   3. If the User does not agree with any of the Terms, the User must not access the Platform. The User agrees that on such rejection, the User will not be able to access/ use the Platform/receive Services or seek any information from the Platform whatsoever. BY CONTINUING TO USE OR ACCESS THE PLATFORM THE USER IS DEEMED TO HAVE READ, UNDERSTOOD AND EXPRESSLY AGREED TO THE TERMS CONTAINED HEREIN AND FURTHER AGREES THAT SUCH TERMS SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN AVANSE AND THE USER.
2. DATA COLLECTION/STORAGE AND PROCESSING By clicking on the "SUBMIT / I AGREE" button or by downloading or accessing the Platform in any mode/manner, the User implies his/her assent to the Terms and further:-
   1. confirms that he/she has completed 18 (eighteen) years of age and is not prohibited from entering into a valid contract under any applicable laws.
   2. unconditionally accepts, without limitation or qualification that Avanse shall collect, process, store, authenticate, verify and confirm the User's personal data including name, e-mail address, gender, date of birth, mobile number, photograph, and any information that the User shares from Facebook and/or LinkedIn accounts to Avanse, financial information such as bank documents, bank statements, PAN card, bank account number, data from credit
      information companies, data from mobile network operators and other sensitive personal data as defined in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, data required for Know Your Customer, e-KYC data, requirement and other relevant details, documents and details ("Personal Data") as may be required by the Avanse from time to time in order to provide any Services including sanction the Loans, including but not limited to the User's Aadhar data through one time passwords, finger prints or iris scans as may be permitted from time to time under applicable law.
   3. agrees and acknowledges that any sub-sites (whether belonging to an associate or otherwise) accessed by the User through the Platform, may have their own terms and conditions, which are specific to such sub-site and Avanse should not be liable for any data collection, sharing or processing by such sub-sites.
   4. declares that all the particulars and information provided by him/her are true, correct, complete and up-to-date in all respects and that he/she have not withheld any information whatsoever.
   5. authorizes Avanse to exchange, share all Personal Data including information and details as provided by him/her including in relation to any existing loans and/or repayment history to any third party including but not limited to its group companies, service providers, banks, financial institutions, credit information companies, telecommunication companies, statutory bodies, business partners etc. for customer verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of Avanse's Services or related products or that of its associates/business partners and affiliates or for enforcement of his/her obligations under these Terms and any other documentation executed with Avanse in relation to the Services. He/she shall not hold Avanse (or any of its group companies or its/their agents/representatives/ business partners/service providers) liable for the use/sharing of the information as stated above.
   6. hereby expressly consents to and authorises Avanse/ its representatives/agents/business partners/group companies/affiliates to send him/her any communication regarding products/services offered by them using various communication channels, such as, telephone, calls/SMS/WhatsApp/bots/emails/post etc.
   7. understands that, for the purpose of providing the Services, the Platform shall require Personal Data of the User as set out in these Terms, and the User hereby expressly consents, permits and provides the Platform access to any such details as requested by the Platform from time to time.
   8. Hereby expressly confirms that the User's data/information shall be stored by AFSL for as long as the storage of such data/information is permitted by applicable laws and thus hereby acknowledges and unconditionally consents to the storage of data/information by AFSL for such permitted period in accordance with applicable laws.
   9. Hereby expressly confirms that unless data retention is required for (i) compliance with applicable laws or (ii) enforcement of legal rights or (iii) providing information to regulatory authorities, AFSL shall erase the User's data/information upon fulfilment of the specified purpose as envisaged under the contractual obligations. AFSL shall also cause data erasure by the DLAs/LSPs.
   10. Hereby expressly confirms that the usage of User's data/information shall be in line with the specified purposes as envisaged under the contractual obligations and/or in accordance with the applicable laws. User understands that as a matter of practice, all the data/information shared with any person (including its employees and representatives) by AFSL will be on a need-to-know basis. Additionally, the usage of User's data/information shall be governed by the Privacy Policy (available at: https://www.avanse.com/privacy-policy.php), which sets out AFSL's obligations with respect to the safeguarding, collection and use of the Personal Data of the Users.
3. STANDARDS FOR HANDLING SECURITY BREACHES
   1. AFSL may use reasonable security measures to safeguard the confidentiality of your Personal Information, such as firewalls, secure socket layers, and other physical and electronic security measures. However, you agree and acknowledge that "perfect security" does not exist on the Internet.
4. REGISTRATION AND SERVICES
   1. Access to certain areas of the Platform may only be available to registered Users. The User undertakes to provide correct and valid information/details for registration and requesting for or availing any Services under these Terms. At the time of registration, the User shall be required to share and upload his/her Personal Data and any other details as required by Avanse, pursuant to which the User shall receive a user ID and password. The User agrees and undertakes to be responsible for maintaining the confidentiality of the password and user ID at all times, and shall be fully responsible for all activities that are undertaken by use of such password or user ID. Further, the User agrees not to use any other party's user ID and password for any purpose whatsoever. The User is responsible for the security of his/her user ID and password and for all transactions undertaken using his/her user ID and password.
   2. The User also agrees and undertakes to immediately notify Avanse of any unauthorized use of the User's user ID or password. Avanse shall not be responsible for any, direct or indirect loss or damage arising out of the User's failure to comply with the requirements laid down in this Clause 3.
   3. The User represents and warrants that all information/details supplied by the User to Avanse, about the User, are true and accurate and no fact therein has been misrepresented. The User hereby provide its consent to Avanse, to share the information provided by the User with any service providers appointed by Avanse and their sub-contractor(s) if any, strictly for the purpose of providing Services under these Terms.
   4. If Avanse has reason to believe that any request received from the User for availing Services under these Terms is unauthorized or any information submitted by the User is untrue or false, Avanse in its sole discretion shall have the right to take any action against the User, including cancellation of the Services, revocation of access and use of the Platform, etc. without any prior notice to the User. Avanse shall not be responsible or liable for any loss or damage that may be caused to the User as a consequence of such cancellation of the Services or revocation of access and use of the Platform.
   5. Once the User uploads and verifies the Personal Data and/or other documents and details, Avanse shall rely on the same and may process applications made by the User, with or without additional due diligence/authentication. Upon successful completion of the document verification by Avanse, Services (including the sanction of the Loan) may be provided by Avanse to the User, subject to the eligibility criteria and any other conditions set forth by Avanse for providing such Services.
   6. The User understands that Avanse shall disburse the Loan subject to fulfilment of the relevant terms and conditions and other requirements for the Loan and execution of all necessary documentation. The sanctioned Loan shall be disbursed in the designated bank account provided by the User. The User is 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 a material breach, and shall lead to termination of these Terms, in addition to any other criminal, civil remedy available to Avanse against the User.
   7. The User shall provide Personal Data only when he/she agrees with its usage and dissemination for the purpose of relevant Services and in accordance with the Terms herein. The User's withdrawal of consent shall be sent to Avanse in writing (which shall be effective subject to the applicable law and only to such extent practicable to give effect). On receiving such withdrawal of consent Avanse shall have an option to not provide the Services or to recall/withdraw any Services provided earlier for which such Personal Data was sought.
   8. The User further acknowledges that the User 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 as amended or supplemented from time to time. These guidelines shall be displayed on the Platform.
   9. The User further agrees that on availing the Services from Avanse, he/she shall be contracting with Avanse on a principal to principal basis.
5. PLATFORM CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
   1. Upon agreeing to comply with these Terms, the User shall be granted a non-exclusive, non-transferable, limited right to access, view and use the Platform. Unless otherwise specified, the Platform is only for personal and non-commercial use by the User.
   2. All materials displayed on the Platform, including but not limited to text, images, photographs, graphics, audio, video, software, icons, reports generated, trademarks, tradenames or other material (the "Content") belong to Avanse and form part of Avanse's intellectual property. Intellectual property laws in all applicable jurisdictions protect the Platform all its Content.
   3. The User hereby acknowledges that there may be proprietary logos, service marks and trademarks on the Platform that are owned/used by licensors of Avanse and other third party(s) ("Third Party Content"). By displaying them on this Platform, Avanse does not grant any license/authority to the User to utilize any such Third Party Content. Any unauthorized use of the Third Party Content by the User may violate extant laws and regulations that protect such Third Party Content under intellectual property law and may lead to personal liability along with civil and criminal action against the User by such licensors/third parties.
   4. Avanse and its licensors (where applicable), are the sole owners of the Content and Third Party Content, the software and all source code associated with the Platform including all the trademarks, copyright and any other intellectual property rights of any nature in relation to the Platform.
   5. The User agrees to abide by all instructions provided on the Platform regarding the use of the Content/Third Party Content and any application thereof.
   6. The User acknowledges and agrees that the User will 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/Third Party Content such that the intellectual property rights of Avanse or any third party are affected, or create derivative works of the Content, Third Party Content or the Services for any business, commercial or public purpose without the express written authorization of Avanse or its licensors (where applicable), except to the extent that such copying/printing is necessary for the purposes of availing the Services.
6. PROHIBITED CONDUCT
   1. The User shall not interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever.
   2. The User hereby agrees not to use the Platform to:
      1. Transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
      3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform;
      4. Transmit any information that you do not have a right to transmit or which infringes on the rights of Avanse or any of its licensors or any other third party;
      5. Carry out any activity which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
      6. transmit any material that contains adware, malware, spyware, software viruses, time bombs, cancel bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
      7. Interfere with or disrupt the Platform/Services or servers or networks connected to the Platform/Services, or violate any requirements, procedures, policies or regulations of networks connected to the Platform, or collect or store Personal Data about other users without their express consent;
      8. Transmit any content:
         1. Which exploits children under 18 years of age;
         2. Which promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities;
         3. Which has been promoted through the sending of spam or mail fraud schemes, or pages that promote or condone the sending of spam. The sending of the same will result in an immediate suspension of the Services availed by the User.
         4. That is or contains links to nudity, pornography, adult content, materials with sex or foul language.
7. MONITORING SITE CONTENT
   1. The User permits Avanse in its sole discretion and for any reason deemed fit by Avanse, to: (i) monitor the Content, including any material submitted by the User, on the Platform, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these Terms; and (ii) edit, refuse to post or remove any material submitted by the User.
   2. Nothing contained in this clause 7 (a) shall have the effect of creating any obligation on Avanse to monitor or censor any Content or material displayed on the Platform.
   3. Avanse reserves the right to host moderated or un-moderated forums on other web pages to which the Users can post materials ("Forums"). Avanse is not responsible for:
      1. Materials posted to Forums by third parties, whether or not such Forum is moderated by Avanse;
      2. Materials altered by Avanse in moderating Forums; or
      3. Any removal of, or failure to remove, all or any part of such materials.
8. TERMINATION
   1. Avanse reserves the right to terminate any Services availed by the User, or any access to and use of the Platform by the User forthwith, without any prior notice to the User, in the event:
      1. The User is determined to be in breach of any of these Terms;
      2. The use of or access to the Platform or the availing of any Services by the User disrupts Avanse's business operations or affects or encroaches the rights of any other third party.
      3. if such access and use results or may result in, or is 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;
      4. Such termination is required under any applicable law or by way of any order from an authority having jurisdiction over the Services/Platform.
      5. Any other reasons at the sole discretion of Avanse.
   2. Upon termination of these Terms, the User's right to use the Platform/ Services shall immediately cease. The User shall have no right and Avanse shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party.
9. RESERVATION OF RIGHTS Notwithstanding anything contained in these Terms, Avanse has the sole discretion and reserves the right to:
   1. censor any Content on the Platform that is deemed inappropriate by Avanse;
   2. 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;
   3. modify, suspend or terminate, temporarily or permanently, the access to the Platform and/or the Services or any portion thereof at any time, without notice, for general maintenance. This includes removing information transmitted by the User to the Platform. The User agrees that it may be necessary for Avanse to temporarily suspend the access and use to the Platform for technical reasons or to maintain network equipment or facilities.
10. INDEMNIFICATION
    The User agrees to indemnify, defend and hold harmless Avanse, its affiliates, group companies and their directors, officers, employees, representatives, agents, third party service providers, and any other third providing any service to Avanse in relation to the Platform/Services whether directly or indirectly ("Indemnified Parties"), from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or may be payable by virtue of :
    1. Any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
    2. Violation of any law, country specific rules and regulations, general code of conduct or rights of a third party by the User; or
    3. Availing of Services and access and use of the Platform by the User.
11. LIMITATION OF LIABILITY
    1. Notwithstanding anything contained herein, Avanse, its officers, directors, owners, agents and employees shall in no way be liable to the User or any other person whatsoever for any direct, indirect, incidental or consequential damages or economic loss or injury arising, whether in contract, tort or otherwise from the User's use or inability to use the Platform, or any of its Contents, or from any action or omission taken as a result of using the Services or any other services or products provided to the User or any other website to which the Platform is linked. This includes (but is not restricted to) loss or damage that the User might suffer as a result of any of the following:
       1. The User's reliance on the completeness, accuracy, suitability or currency of the Platform or its Content (including all third party material and advertisements on the Platform), irrespective of any verifying measures taken by Avanse;
       2. Any 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 on the Platform by Avanse or any other third party;
       3. .Defamatory, threatening, offensive or unlawful conduct of third parties or Avanse's publication of any materials relating to or constituting such conduct;
       4. Any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on website, or for providing copies of the User's data files to the appropriate authorities or cooperating with law enforcement efforts to locate any persons who have posted content that is illegal or promotes illegal conduct.
       However, nothing contained in this clause shall exclude or limit our liability which cannot be excluded or limited under applicable law.
    2. The User further agrees and acknowledges that all Services shall be provided subject to and based upon the details and/or information provided by the User. In case the details are inaccurate and do not comply with the guidelines issued by Avanse in this regard, Avanse shall have no liability whatsoever with respect to such details/information.
12. CONFIDENTIALITY Any information specifically mentioned by Avanse as confidential shall be maintained confidentially by the User and shall not be disclosed unless required under any law to the appropriate authorities or to serve the purposes of these Terms and any obligations of the Parties captured herein.
13. PRIVACY POLICY
    1. Avanse is committed to protecting the User's privacy. Avanse's Privacy Policy, available at: https://www.avanse.com/privacy-policy.php, and sets out Avanse's obligations with respect to the safeguarding, collection and use of the Personal Data of the Users. Avanse ensures that only authorized employees, representatives and professionals use any Personal Data collected from individual Users on a need to know basis. Avanse periodically reviews its systems and data to ensure the best possible service to the Users.
    2. Avanse takes appropriate steps to protect the information the User shares on the Platform, including having effective technology, security features and strict policy guidelines in place to safeguard the privacy of any Personal Data from unauthorized access, misuse and disclosure.
    3. 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.
14. DISCLOSURES
    1. Avanse does not sell, rent, share, lease or otherwise provide Personal Data to third parties, without the User's prior consent. Without prejudice to the foregoing, Avanse may disclose Personal Data in the following cases:
       1. Administrators- Avanse shall provide authorized administrative(s) access to the User's Personal Data for internal business purposes, provided that such authorized administrative(s) shall be under confidentiality obligations towards Avanse.
       2. Affiliates- Avanse may provide Personal Data to its affiliates. For example, Avanse may disclose Personal Data to its affiliates in order to respond to the User's requests for information or Services, or to help limit receipt of marketing materials the User has requested not to receive.
       3. Business Partners-. Avanse may use certain trusted third-party companies and individuals to help provide, analyse, and improve the Services including but not limited to data storage, maintenance services, database management services, credit bureau services, services of rating agencies, web analytics, payment processing, and any other service for the improvement of the Platform's features. These third parties may have access to the User's information only for purposes of performing these tasks on Avanse's behalf and under confidentiality and data protection obligations similar to those in this Terms. Avanse may disclose the User's Personal Data to partners who perform business functions or hosting services on Avanse's behalf and may be located outside of India.
       4. Service Providers- Avanse may share your Personal Data to third party service providers, who are working with Avanse in connection with the operation of the Services or the Platform, so long as such service providers are subject to confidentiality restrictions consistent with these Terms.
       5. Joint Marketing Arrangements- Where permitted by law, Avanse may share your Personal Data with joint marketers with whom Avanse has a marketing arrangement. Avanse will require all such joint marketers to have written contracts with Avanse that specify appropriate use of the User's Personal Data, requires the joint marketers to safeguard such Personal Data, and prohibits the joint marketers from making unauthorized or unlawful use of the User's Personal Data. The User hereby acknowledges and consents to such use and sharing of data.
       6. Assignee/Acquirer of Avanse's Business- In the event of a selldown or transfer Avanse's business or assets, certain Personal Data may be transferred to the person/entity acquiring the business/asset. Avanse will ensure that prior notice is provided to the User before any such selldown.
       7. Legal and Regulatory Authorities- Avanse may be required to disclose Personal Data due to legal or regulatory requirements. In such instances, Avanse reserves the right to disclose Personal Data as required in order to comply with any legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. Avanse may also disclose Personal Data to (a) any law enforcement officers or other authorized officials having jurisdiction over the Platform; (b) Credit Information Companies; (c) comply with a judicial proceeding, court order, or legal process served on Avanse or the Platform; (d) enforce or apply these Terms or any other policies or agreements executed between the Parties; (e) respond to claims that any Personal Data violates the rights of third-parties; (f) protect the rights, property, or personal safety of Avanse, or the general public. The User agrees and acknowledges that Avanse may not notify the User prior to or after any disclosure made in accordance with this section.
    2. Notwithstanding anything mentioned hereinabove, Avanse shall not be responsible for the actions or omissions of the service providers or parties with whom any Personal Data is shared, nor shall Avanse be responsible and/or liable for any additional information the User may choose to provide directly to any service provider or any third party even if the User provides such information after redirection to a third party/service provider website while making use of the Platform.
    3. Any amendments to the Privacy Policy shall reflect here with a new effective date. The User undertakes to update himself/herself of the Privacy Policy regularly to ensure that the User understand and complies with such updated Privacy Policy.
15. COOKIES The User agrees that the Avanse interactive website uses cookies to enable Avanse to retrieve User details for each visit and to enable additional functionality of the Platform.
16. THIRD PARTY ADVERTISEMENTS AND LINKS
    1. Avanse may provide links to other websites for the User's convenience. Avanse does not take any responsibility or endorse any content displayed on such third-party websites. The User shall access such website at its own risk and Avanse and will not be liable for their availability or for any loss or damage incurred by the User pursuant to the access to or use of such third-party websites.
    2. The User acknowledges that the Platform may contain third party advertisement. Avanse is not responsible for the content of any advertising material or any errors or inaccuracy in any advertising or sponsorship. Avanse partners with third-party advertising companies to serve ads and/or collect certain information when the User visit the Platform. These third-party advertising companies may use cookies or web beacons to collect non-personally identifiable information not including your name, address, email address or telephone number while the User is accessing the Platform in order to help show advertisements on other websites likely to be more interesting to the User. The User hereby provides its consent for the above arrangement.
17. TERMS OF TRADE
    1. The following conditions (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 the Parties) will be applicable to any User availing Services through the Platform:
       1. Any application of the User is an offer to avail the Services which Avanse may accept, in whole or in part. Any acknowledgment of the User's application is only to confirm receipt of transmission, notwithstanding that such acknowledgement might state or imply that such application has been accepted;
       2. Where the Services offered through the Platform are supplied by third parties, Avanse is only an intermediary and will not responsible for such portion of the Services or their delivery;
       3. Unless otherwise stated, any fee payable by the User excludes any applicable service tax and delivery and insurance charges;
       4. The provision of Services to the User does not confer on the User any intellectual property rights (such as marks, designs, copyright or patents) inherent in the Services supplied;
       5. Services available through this Platform are subject to change at any time without any notice to the User. Services listed on the Platform may not be available immediately or at all.
18. FORCE MAJEURE Avanse shall not be liable for any delay, interruption or failure in the provision of Services and access and use of the Platform 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 any other events beyond the control of Avanse that may prevent or delay the provision of Service or access and use to the Platform.
19. SEVERABILITY If any provision of these Terms is found to be invalid or unenforceable under any applicable law, such provision will be ineffective to the extent of such invalidity or unenforceability, without affecting the remaining provisions of these Terms in any way.
20. AMENDMENT Avanse may, in its sole discretion, change or modify these Terms at any time, with or without notice to the User. Such changes or modifications shall be effective for all Users upon being published on the Platform. The User is responsible for reading the updated Terms from time to time to ensure that the use and access of the Services/Platform remains in compliance with these Terms.
21. AGE OF MAJORITY Avanse does not accept agreements and payments from persons below the legal age of 18 years. By submitting an application, the User confirms that he/she is over 18 years of age or the User's parent or legal guardian have accepted these Terms on his/her behalf.
22. WAIVER No waiver of any of the provisions of these Terms 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 and duly executed by the Party to be bound thereby.
23. ENTIRE AGREEMENT These Terms as may be updated from time to time and published on www.avanse.com represent the complete agreement and understanding between the Parties with respect to the Service/the Platform and supersedes any other written or oral agreement between the Parties.
24. NOTICES The User agrees that unless updated on the Platform, any notices required to be given under these Terms will be deemed to have been given if delivered by email or fax, or sent by registered mail or courier to each of the Parties in accordance with the contact information the User and Avanse have updated on the Platform. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
25. GOVERNING LAW AND DISPUTE RESOLUTION The rights and obligations of the Parties pursuant to these Terms are governed by the laws of India. For any dispute or difference, the User irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts in Mumbai.
26. DISCLAIMER The User agrees that in case the User requires specific advice for individual circumstances, the User will consult an appropriate expert directly and not rely on the general material on this Platform. Avanse will endeavour to assist the User if the User specifically inquiries about matters in which Avanse has expertise, but cannot accept any responsibility for doing this.
27. DISCLAIMER NOTICE THIS PLATFORM AND ITS CONTENT ARE ONLY FOR THE NON-COMMERCIAL AND PERSONAL USE OF THE USER. 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 THE USER OR ANY THIRD PARTY AS A RESULT OF OR WHICH MAY ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO THE USER'S ACCESS AND USE OF THE SERVICES AND ON ACCOUNT OF THE USER GIVING DELIBERATELY FALSE AND/OR MISLEADING INFORMATION TO AVAIL OF THE SERVICES. ENTERING THIS PLATFORM AND/OR REGISTRATION FOR SERVICES, AVAILING OF THE SERVICES FROM THIS PLATFORM WILL BE TAKEN AS THE USER'S UNDERSTANDING AND ACCEPTANCE OF THIS DISCLAIMER.
    THE USE BY AVANSE OF ANOTHER'S TRADE MARK ON THIS PLATFORM IS NOT OF ITSELF INTENDED TO INDICATE ANY ASSOCIATION WITH OR ENDORSEMENT BY OR OF THE OWNER OF THAT TRADE MARK.