This is a legally binding agreement and an electronic record under the Information Technology Act, 2000 and the rules thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You. Angularity may modify the terms of the TOS at its sole discretion due to changes in applicable laws or for any other reason, with or without any notification to You. You will be deemed to have accepted the revised TOS if You continue to access the Platform after the modifications become effective. If You do not agree to the terms of this TOS, please do not access or use the Platform.
The following are the terms and conditions on which Angularity agrees to permit You to access and use the Platform and the Services.
1.1 In order to access and use the Platform, You will be required to register Yourself and maintain an Angularity account (“Account”) which will require You to furnish to Angularity, certain information and details, including Your name, e-mail id, and any other information deemed necessary by Angularity (“Account Information”). You agree to keep all information updated at all times.
1.2 You shall, at all times, ensure that the Account credentials are kept safe and shall, under no circumstances, whatsoever, allow the Account to be used by any unauthorized individuals. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account . Angularity and its affiliates / partners will not be liable for any harm caused by, or related to the theft of, Your ID, Your disclosure of Your Account Information, or Your authorization to allow another person to access and use the Service using Your Account. However, You may be liable to Angularity and its affiliates / partners for the losses caused to them due to such unauthorized use.
1.3 Account Dos and Don’ts:
You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account.
a. You will create the Account in Your individual capacity only if You are:
(i) a natural person aged 18 years or above;
(ii) a citizen of India; and
(iii) competent to enter into a valid and binding contract within the meaning of the Indian Contract Act, 1872 including any modification and/or amendment thereof.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including, but not limited to, minors and un-discharged insolvents are not eligible to use the Platform. The Platform is not available to persons whose membership has been suspended or terminated by Angularity. If you are registering as a business entity, you represent that you have the authority to bind the entity to this TOS. In accordance with the above, You hereby agree to comply with the terms, conditions, obligations, representations, and warranties set forth in this TOS.
b. You will not provide any false personal information to Angularity.
c. You shall ensure that the Account Information is complete, accurate and up-to-date at all times.
d. You shall not use any other user’s Account Information or log into that user’s Account.
e. You will not share Your password or do anything that might jeopardize the security of Your Account.
f. On completing the registration process, You shall be entitled to access the Platform and avail of the Services.
g. Your Account, ID, and password shall not be transferred or sold to another party.
1.4 You agree to immediately notify Angularity of any unauthorized use of Your Account or any other breach of security known to You.
1.5 In order to ensure that Angularity is able to provide high quality services, respond to customer needs, and comply with applicable law, You hereby consent to let Angularity’s employees and agents access Your Account and records on a case-to-case basis to investigate and resolve complaints or other allegations or suspected abuse.
1.6 You also grant Angularity the right to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
1.7 If you provide any information that is untrue, inaccurate, not current or incomplete or Angularity has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the TOS, Angularity has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform.
2. SCOPE OF SERVICES AND PAYMENT OF FEE
2.1 Angularity hereby grants You a specific, non-exclusive, non-transferrable and limited license to access and use the Platform via the internet, and avail of all the services provided on the Platform (“Services”), including but not limited to making payments for online home improvement product storefronts hosted by merchants on the Platform (“Merchants”) and procuring loans to finance the purchase of products from Merchants received from banks partnering with Angularity (“Lenders”). Angularity reserves the unilateral right to make changes to the functionality or the documentation of the Platform and the provision of Services from time to time.
2.2 Angularity retains all rights in the Platform and the Services and grants You only a right and license to use the Platform as stated herein. No other license is intended to be granted to You. Angularity reserves all rights in its name, trademarks, copyrights and any other intellectual property. You are not permitted to download (other than page caching) or modify the Platform, or any portion of it, except with express written consent of Angularity. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Angularity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Angularity without its express written consent. You may not use any meta tags or any other “hidden text” utilizing Angularity's name or trademarks without its express written consent. Any unauthorized use terminates the permission or license granted by Angularity to access the Platform and avail the Services.
2.3 You may use the Platform and the Service to view local Merchants through a mini storefront, make payments to the Merchants through the payment mechanisms available on the Platform and also apply for loans from the Lenders. No other use of the Platform and the Services by You shall be permitted.
2.4 You may access the Platform and the Services using a single user Account via multiple access points. You may allow Your employees, agents and independent contractors to access the Platform via Your Account on Your behalf. However, You agree not to provide any access to Your Account to any third party vendors.
2.5 While availment of the Services is subject to brokerage due to Angularity variable depending on the loan availed from the Lenders and other payments made by You through the Platform, registration on the Platform is currently being offered for free. However, Angularity reserves the right to start charging for the use of the Platform at any time, with prior notice to You. Notwithstanding this, please note that as access to the Platform is being provided to You via the internet and data and cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet and the data shall apply immediately, once you commence accessing the Platform and availing the Services. You accept responsibility for all such charges that may arise due to Your use of the Platform and the Services thereon.
2.6 Angularity shall perform all necessary server management and maintenance services with respect to the Platform at no additional cost to You.
2.7 Angularity does not guarantee availability of the Platform at all times. Angularity shall use reasonable efforts to make the Services available to You, at all times through the Platform. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Angularity’s control. Therefore, Angularity shall not be liable for non-availability of the Services at any time. Angularity may try and restore access to the Platform and the Services on a commercially viable basis.
2.8 The Platform and the Services offered by Angularity via the Platform enable customers to view home improvement products available with local Merchants, make payments to the Merchants through the payment mechanisms available on the Platform and to obtain financing from Lenders for the in person purchase of such products from the relevant Merchant(s). Angularity shall not be liable for the customer not being able to access the Platform or obtain financing from the Lenders for any reason whatsoever.
2.9 In the event of your selection of a financing option offered by a Lender, Angularity shall undertake the following activities:
2.9.1 Angularity shall undertake an appraisal of your material particulars including, but not limited to, credit and financial evaluations based on the criteria prescribed by the Lender in this regard. Your evaluation and subsequent grant of financing is, in the first instance, conditional upon Your provision of the relevant information / documentation required in this respect.
2.9.2 Upon the satisfactory conclusion of Your evaluation, Angularity shall forward your request for financing to the Lender, along with the information provided by You. The Lender shall thereafter, in its sole discretion, accede to your request and grant the requisite finance to You.
2.9.3 Upon confirmation by the Lender of granting a facility to You, You will execute a separate agreement with the Lender, which will set out the terms and conditions of the facility proposed to be availed by You. This agreement shall be bi-partite contract between You and the Lender. Angularity shall not be party to and shall not, in any manner whatsoever, be deemed liable under such agreement.
2.10 In the event of your receipt of finance from the Lender, Angularity shall undertake the following activities in effectuating the disbursal of the loan amount:
2.10.1 Upon Your communication of request for disbursal through the Platform, Angularity shall forward such request to the Lender, pursuant to which the Lender shall disburse the requisite amount to the Merchant indicated by You, through Angularity.
2.10.2 Angularity shall not be liable in any way whatsoever for any failure to disburse the amount by the Lender or failure to receive, or acknowledge and accept receipt, of such amount by the Merchant.
2.11 Angularity will charge You a one-time Non- Refundable Fee of 2% plus applicable taxes on the total amount financed by the Lender (“Processing Fee”). The Processing Fee will be debited from the loan account that is opened for You by the Lender. You hereby undertake, agree and consent to give prior instruction to the Lender by signing “Disbursement Request Letter” or any other documents specifically authorizing the Lender to debit the Processing Fee component from Your loan account and disburse it directly to Angularity.
2.12 You further agree that in case of your failure to take disbursement of finance as sanctioned by the Lender, Angularity retains its right to recover the same directly from you at its sole discretion.
2.13 By Your acceptance of this TOS You hereby authorise Angularity to represent You to the Lender insofar as it relates to the discharge of the Services set out in this Clause.
2.14 You further agree that all valid credit/debit cards are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank and payment instrument issuing company.
3. ACCESS TO THE SERVICES
3.1 The Services are being provided to You via the Platform. Your access of the Platform signifies Your consent to view / receive all such Services.
3.2 The Platform is licensed and not sold to You. You hereby agree that all rights, title and interest in the Platform are owned by, or licensed to, Angularity. Subject to your strict and full compliance with the TOS, Angularity hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license, to download, install and use the Platform, on a worldwide basis, for use only by You as part of Your use of the Services, during the subsistence of this TOS.
3.3 You agree not to access or enable access to the Services by any unauthorized third party Platform.
3.4 Except for the rights expressly stated herein, no other rights are granted to you with respect to the Platform or the Services, either by implication, estoppel, or otherwise. Angularity reserves all rights not expressly granted herein.
4. USE OF SERVICES
4.1 You agree to use the Services solely for the purpose for which the Services are provided.
4.2 You shall not sub-license or resell the Platform or the Services for the use or benefit of any other organization, entity, business or enterprise.
4.3 You agree not to submit or upload to the Platform, any material that is illegal, misleading, defamatory, indecent, obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, “Objectionable Matter”). Angularity reserves the right to adopt and amend rules for the permissible use of the Platform and the Services at any time, and You shall be required to comply with such rules. You shall also be required to comply with all applicable laws regarding privacy, data storage etc., or any other policy of Angularity, as updated from time to time. Angularity reserves the right to terminate this Agreement and Your access to the Platform, without notice, if You commit any breach of this Clause.
4.4 You shall be able to access the Platform through internet-enabled computer terminals and mobile phones empowered to host applications or browse the internet.
4.5 All user data whether uploaded or submitted by You to Your Account or obtained by Angularity pursuant to its discharge of the Services, shall be Your sole property. You retain all rights in Your user data made available to Angularity and utilized on the Platform and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data. Angularity will use commercially reasonable security measures to protect Your data against unauthorized disclosure or use. However, Angularity does not guarantee data security. If Your data is damaged or lost, Angularity will use commercially reasonable means to recover such data. You agree that You are entering into this agreement in full knowledge of the same.
4.6 You will not use the Platform or the Service to (i) build a competitive product or service, (ii) make or have a product with similar ideas, features, functions or graphics of the Platform, (iii) copy any features, functions or graphics of the Platform /Services. You shall use the Services and the Platform strictly in accordance with the TOS and shall not: (i) decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Platform; (ii) make any modification, adaptation or improvement, enhancement, or derivative work from the Platform or incorporate any portion of the Platform into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service; (iii) violate any applicable laws or regulations in connection with your access or use of the Services and the Platform; (iv) remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Platform; (v) use the Platform or Services for any revenue generation endeavour, or any other purpose for which it is not designed or intended; (vi) publish, copy, offer for sale or commercial rental, license or otherwise lend the Platform or the Services to third parties; (vii) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with the TOS; (viii) use the Platform for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain unauthorized access to any other person’s computer; (ix) derive any confidential information, processes, data or algorithms from the Platform.
4.7 You also expressly agree not to engage in any use or activity that (a) may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Platform or Services including that of, any associated Platform, hardware, telecommunications or wireless equipment; (b) may manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information; (c) may interfere with the proper working of the Platform or prevent others from using the Platform; or (d) may delete the copyright and other proprietary rights notices on the Platform.
4.8 You agree that Angularity shall have no liability for any claims, losses or damages arising out of, or in connection with, your unauthorized use of the Platform and/or the Services.
4.9 Angularity is an intermediary as defined under the Information Technology Act, 2000. Angularity does not monitor or control any data or content uploaded by You to the Platform. You agree not to use or encourage, or permit others to store, upload, modify, update or share any information that:
a. belongs to another person and to which you do not have any right;
b. is grossly harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations;
c. infringes any patent, trademark, copyright or other proprietary rights;
d. violates any law for the time being in force;
e. results in impersonation of any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
f. is someone’s identification documents or sensitive financial information;
g. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
h. 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; or
i. makes available any data / content in contravention of these TOS or applicable policies, or any data / content that You do not have a right to access, store, use or make available to third parties under any law or contractual or fiduciary relationship.
4.10 Angularity reserves the right to suspend or terminate Your access to Your Account if You cause any disruption or harm to the Platform or to any third parties, or violate the provisions of the Information Technology Act, 2000, any applicable privacy laws or any of the applicable laws. You hereby consent to let Angularity’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.
4.11 Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the Platform or the Services, without the prior written consent of the owner of rights in such marks.
5. PLATFORM FOR COMMUNICATION
5.1 Display of home improvement products, loans or other products, exhibited by third parties, on the Platform does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of Angularity against such third parties or their products.
5.2 You agree that Angularity is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.
5.3 Your interaction with any third party accessed through the Platform is at Your own risk, and Angularity will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.
5.4 Angularity is not responsible for any non-performance or breach of any contract entered into with third Party Angularity shall not and is not required to mediate or resolve any dispute or disagreement between You and third Party.
5.5 The Platform is a channel of communication whereby the Users can reach a larger base of merchants dealing in home improvement products and/or associated services. Angularity is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and the third party. At no time shall any right, title or interest over the Products vest with Angularity nor shall Angularity have any obligations or liabilities in respect of such contract.
5.6 Angularity is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock or otherwise unavailable.
5.7 You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Merchants that you transact with.
5.8 You release and indemnify Angularity and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions on use the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Angularity cannot control the information provided by the Merchants / third Party which is made available on the Site
6. DISCLAIMER OF WARRANTIES
6.1 THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, WITHOUT WARRANTIES OF ANY KIND. ANGULARITY DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE PLATFORM OR THE SERVICES OR THE SAFETY/SECURITY OF THE DATA/CONTENT STORED BY YOU. ANGULARITY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM OR ANY MATERIAL THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2 Angularity provides no warranty on the use of the Platform and the Services, and shall not be liable for the same under any laws applicable to intellectual property rights, libel, privacy, publicity, obscenity or other laws. Angularity also disclaims all liability with respect to the misuse, loss, modification or unavailability of the Platform and the Services.
7. LIMITATION OF LIABILITY
7.1 YOU ASSUME THE ENTIRE RISK OF USING THE PLATFORM AND THE SERVICES. IN NO EVENT SHALL ANGULARITY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS THE PLATFORM OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT ANGULARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SOFTWARE OR THE SERVICES. FURTHER, ANGULARITY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY ANGULARITY, DATA LOSS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
7.2 ANGULARITY’S AGGREGATE LIABILITY, IF ANY, (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO AMOUNT OF FEES, IF ANY, PAID BY YOU TO ANGULARITY. DAMAGES, IN THE NATURE, AND TO THE AMOUNT, PROVIDED IN THIS CLAUSE, IS THE ONLY RECOURSE THAT YOU MAY HAVE AGAINST ANGULARITY FOR BREACH BY ANGULARITY OF ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER.
7.3 The Platform may provide links to other third party websites. However since Angularity has no control over such third party websites, You acknowledge and agree that Angularity is not responsible for the availability of such third party websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites. You further acknowledge and agree that Angularity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites.
7.4 Angularity, its affiliates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Site will be error free and/or uninterrupted.
7.5 Angularity, its affiliates and technology partners shall not be liable for any direct or indirect damages caused to You or to any third parties due to information provided by You pursuant to this TOS being untrue, inaccurate, not current or incomplete, or not in accordance with the TOS.
8.2 In addition to the above, if You have not logged into Your Account for a continuous period of one year(s), Angularity shall have the option of terminating Your Account.
8.3 Upon termination of this TOS, Your right to access the Platform and use the Services shall immediately cease. Thereafter, You shall have no right, and Angularity shall have no obligation thereafter, to execute any of the uncompleted tasks.
8.4 Once the Services are terminated or suspended, any data that You may have stored on the Platform, may not be retrieved later. Angularity shall be under no obligation to return the information or data to you.
8.5 Angularity may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Angularity or use the Platform in any manner whatsoever until such time that such User is reinstated by Angularity. Notwithstanding the foregoing, if You breach the TOS or the documents it incorporates by reference, Angularity reserves the right to recover any damages and amounts due and owing by You to Angularity and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against You.
9.1 Indemnity. You agree to indemnify and hold Angularity (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to Your breach of this TOS or the documents it incorporates by reference, Your violation of any law or the rights of a third party, or Your use of the Platform.
9.2 Grievance Officer. In case of any grievances with the working of the Platform, You may inform the Grievance Officer of the grievances or any violation of the TOS.
9.3 Governing Law. This TOS is governed and construed in accordance with the laws of India. The courts in Udupi alone shall have exclusive jurisdiction to hear disputes arising out of the TOS.
9.4 Force Majeure. Angularity shall be under no liability whatsoever in case of occurrence of a Force Majeure event, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of Angularity. Further, in case of a force majeure event, Angularity shall not be liable for any breach of security or loss of data uploaded by You to the Platform.
9.5 Waiver. Any failure by Angularity to enforce the TOS, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
9.6 Severability. If any of the provisions of this TOS are deemed invalid, void, or for any reason unenforceable, that part of the TOS will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOS.
9.7 Electronic Communications. When you visit the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If You have any questions or concerns about the TOS, please contact Angularity at +91 9560663399.
Address: ‘PARK CENTRA’ Unit #703, 7th floor, Tower B Sector-30, Gurugram 122001 Haryana State, India