Introduction
This Terms and Conditions Agreement (“Terms”) is entered into by and
between Scoreme Account Aggregator Services Private Limited
(“us”/“we”/“our”), a company registered under laws of India and the
Customer (“you”, “your”), for Services (defined below). Your use of our
website and application (collectively “Platform”) is governed by these
Terms. These Terms constitute a binding and enforceable legal contract
between us and you.
By using the Services or the Platform, you agree that you have
read, understood, and are bound by these Terms, and that
you comply with the requirements listed here. If you do not
agree to all of these Terms or comply with the requirements
listed herein, please do not access the Platform or use the
Services.
These Terms also include our privacy policy, available
at www.scoremeaa.com (“Privacy Policy”), any guidelines,
additional terms, policies, or disclaimers made available or
issued by us from time to time.
Capitalised terms used in these Terms shall have the same
meaning as ascribed to them in the AA Master Directions
(defined below) unless the context indicates otherwise.
Definitions
“AA Master Directions”
shall mean the Master Direction -
Non-Banking Financial Company -Account Aggregator
(Reserve Bank) Directions, 2016 as amended, revised, or
updated from time to time.
“Applicable Law” shall mean any statute, law, regulation,
ordinance, rule, judgment, notification, order, decree, by-law,
permits, licenses, approvals, consents, authorisations,
government approvals, directives, guidelines, requirements or
other governmental restrictions, or any similar form of
decision of, or determination by, or any interpretation, policy
or administration, having the force of law of any of the
foregoing, by any regulatory authority.
“Financial Information” shall have the same meaning
ascribed to it in the AA Master Directions;
“Financial Information Provider”
shall have the same
meaning ascribed to it in the AA Master Directions;
“Financial Information User” shall have the same meaning
ascribed to it in the AA Master Directions
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“RBI” shall mean the Reserve Bank of India.
Scope
- Through the Platform, you may retrieve, view, consolidate and
share Financial Information that is available with Financial
Information Providers, and present your Financial Information
to Financial Information Users.
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The services offered by us through the Platform are referred
to as “Services” (which term also includes the provision of the
Platform to you).
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For us to render the Services to you, you hereby authorise and
appoint us as your agent with limited power to access, fetch
or retrieve, with your consent, your Financial Information,
sensitive personal information, etc., from Financial Information
Providers.
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The provision of any or all the Services is subject to Applicable
Laws in India. Further, the provision of any or all of the
Services is subject to our sole discretion and their availability
on the Platform. Please check our Platform to confirm if any
particular Service is available.
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Pursuant to our Privacy Policy, you may revoke your consent
at any point of time.
Elibility
Use of the Platform is available only to those individuals and
organizations who can form legally binding contracts under
Applicable Law in their respective jurisdictions. If you are a minor,
i.e., under the age of 18 years, you shall not register as a user of the
Platform and shall not use the Platform. As a minor, if you wish to
use the Platform, such use may be made by your legal guardian or
parents on the Platform.
We reserve
the right to terminate your membership and/or refuse to provide
you with access to the Platform if it is brought to our notice or if it is
discovered that you are under the age of 18 years. You represent
and warrant that you have full legal capacity and authority to agree
and bind yourself to these Terms. If you are authorized to act on
behalf of an entity, organisation, or any other legal person, you
confirm and represent that you have the necessary power and
authority to bind such entity, organisation, or legal person to these
Terms and your acceptance of these Terms implies acceptance by
such relevant organization/institution
Profile creation
- To avail the Services, you will be required to create a profile
on the Platform (“Profile”). In addition to setting up a
username and password to create the Profile, you will be
required to furnish certain details, including but not limited to
phone numbers and other personal information. You warrant
that all information furnished in connection with your Profile is
and shall remain accurate and true, and you agree that you
shall promptly update your details on the Platform in the
event of any change to or modification of this information.
- You will maintain the security and confidentiality of your
username and password and immediately notify us of any
disclosure or unauthorised use of your Profile or any other
breach of security with respect to your Profile.
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You will be liable and accountable for all activities that take
place through your Profile. We shall in no manner be liable for
any unauthorised access to your Profile.
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We do not independently verify the information provided by
you and therefore, we shall in no way be responsible or liable
for the accuracy, inaccuracy, obsolescence, or completeness
of any information provided by you.
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If you provide any information (or if we have reasonable
grounds to suspect that you have provided information) that is
untrue, inaccurate, obsolete, or incomplete, we may suspend
or terminate your Profile and refuse any use of the Services.
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You will maintain the confidentiality of your password. We will
not be liable for any leak of information on your part and the
consequences of the same. You agree to immediately notify
us of any disclosure or unauthorized use of your credentials or
any other breach of security concerning your Profile.
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By providing us with your email address and mobile number,
you agree to receive all required notices, notifications, and
information electronically on that email address or mobile
number. It is your responsibility to update any changes to
your email address and mobile number.
Consent Architecture
The Company will not retrieve, share, or transfer your Financial
Information without your explicit consent. The Company shall perform the
function of obtaining, submitting, and managing your consent in
accordance with the AA Master Directions.
The Company shall obtain your consent in a standardized consent
artefact which shall contain the following details:
- Your identity and contact information;
- The nature of the Financial Information requested;
- purpose of collecting such Financial Information;
- the identity of the recipients of the Financial
Information, if any;
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URL or other address to which notification needs to be
sent every time the consent artefact is used to access
information;
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Consent creation date, expiry date, identity, and
signature/ digital signature of the Company.
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any other attribute as may be prescribed by the RBI.
At the time of obtaining consent, the Company shall inform you of
all necessary attributes to be contained in the consent artefact as
mentioned above and your right to file complaints with relevant
authorities in case of non-redressal of grievances.
Our Obligations
- In this respect, we will comply with all Applicable Laws, in particular the
AA Master Directions, and do everything that required of us by the AA
Master Directions, while providing the Services to you.
- We shall provide the Services to you on the basis of your
explicit consent.
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We shall share information with the Financial Information User
as authorized by you in accordance with the terms of the
consent provided by you.
We shall not use or access your Financial Information other
than for performing Services as explicitly requested by the
Customer.
While disposing of the Information, we use reasonable procedures
to erase it or render it unreadable.
Your responsibilities
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You shall be solely responsible for ensuring compliance with
Applicable Laws and shall be solely liable for any liability that
may arise due to a breach of your obligations in this regard.
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You shall extend all cooperation to us in our defence of any
proceedings that may be initiated against us due to a breach
of your obligations or covenants under these Terms.
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You shall not use the Services in any manner except as
expressly permitted in these Terms. Without limiting the
generality of the preceding sentence, you shall not:
- use the Services to transmit any data or send or upload
any material that contains viruses, trojan horses,
worms, timebombs, keystroke loggers, spyware,
adware, or any other harmful programmes or similar
computer code designed to adversely affect the
operation of any computer software or hardware;
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use any robot, spider, other automated device, or
manual process to monitor or copy the Platform or any
portion thereof;
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engage in the systematic retrieval of content from the
Platform to create or compile, directly or indirectly, a
collection, compilation, database, or directory;
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use the Services in (A) any unlawful manner, (B) for
fraudulent or malicious activities, or (C) in any manner
inconsistent with these Terms; or
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violate Applicable Laws in any manner.
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You warrant that you shall not engage in any activity that
interferes with or disrupts access to the Platform.
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You shall not attempt to gain unauthorised access to any
portion or feature of the Platform, any other systems or
networks connected to the Platform, to any of our servers, or
through the Platform, by hacking, password mining, or any
other illegitimate means.
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FIU shall never request your credentials (like passwords, PINs,
private keys) which may be used for authenticating your
Account at FIP and that you should never provide these
details.
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You hereby accept full responsibility for any consequences
that may arise from your use of the Services.
Intellectual Property Rights (IPR)
- All rights, title, and interest in and to the Platform and
Services, including all intellectual property rights arising out of
the Platform and Services, are owned by, or otherwise
licensed to us. You agree not to display or use, in any manner,
our intellectual property rights including trademarks without
our prior written permission.
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Except as stated herein, none of the materials may be
modified, copied, reproduced, distributed, republished,
downloaded, displayed, sold, compiled, posted, or transmitted
in any form or by any means, including but not limited to,
electronic, mechanical, photocopying, recording or other
means, without our prior express written permission. Save and
except with our prior written consent, you may not insert a
hyperlink to the Platform, or modify/ alter any information or
materials contained in the Platform.
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No license or other such right is granted per this Agreement
and your access to and/or use of the Platform should not be
construed as granting, by implication, estoppel or otherwise,
any license or right to use any trademarks, service marks or
logos appearing in the Platform without the prior written
consent of the Company or the relevant third party proprietor
thereof.
Term & Termination
- These Terms shall remain in effect unless terminated in
accordance with the terms hereunder.
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We may terminate your access to or use of the Services, or
any portion thereof, immediately and at any point, at our sole
discretion if you violate or breach any of the obligations,
responsibilities, or covenants under these Terms, or when you
cease to become a user of our Services or Platform.
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Upon termination of these Terms:
- the Profile will expire;
- the Services will “time-out”; and
- these Terms shall terminate, except for those clauses
that expressly or are intended to survive termination or
expiry.
Disclaimers and Warranties
We do not warrant the accuracy, suitability, or correctness of
any Financial Information that is made available on or through
the Services. The Platform and the Services are provided by
us on an “as is” basis without warranty of any kind, express,
implied, statutory, or otherwise, including the implied
warranties of title, non-infringement, merchantability, or
fitness for a particular purpose. Without limiting the foregoing,
we make no warranty that:
the Platform or the Services will meet your requirements
or expectations, or that your use of the Services will be
uninterrupted, timely, secure, or error-free;
any errors or defects in the Platform will be
corrected.
No advice or information, whether oral or written, obtained by
you from us shall create any warranty that is not expressly
stated in these Terms.
To the fullest extent permissible under Applicable Law, we,
our affiliates, and related parties each disclaim all liability
towards you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or
unavailability of the Services;
the occurrence or existence of any defect, interruption,
or delays in the operation or transmission of information
to, from, or through the Services, communications
failure, theft, destruction or unauthorized access to our
records, programmes, services, server, or other
infrastructure relating to the Services; or the failure of
the Services to remain operational for any period of
time.
Further, all Financial Information obtained from Financial
Information Providers may be based on delayed feeds and
may not reflect the real-time/ rates. We shall not be
responsible for any errors or delays in the Financial
Information provided to the Financial Information Users as
part of its Services or for any actions taken by the Financial
Information Users in reliance thereon.
The use of any information set out is entirely at your own risk.
You should exercise due care and caution (including if
necessary, obtaining of advise of tax/ legal/ accounting/
financial/ other professionals) prior to acting or omitting to
act, on the basis of the information contained / data
generated herein. We shall not be liable for any loss arising
from the use of the Services and/or the Platform. You will be
solely liable for any consequences, legal, financial or other,
that may arise out of usage of the Services.
We do not warrant that access to the Platform shall be
uninterrupted, timely, secure, or error free nor does it make
any warranty as to the results that may be obtained from the
Platform or use, accuracy or reliability of Services.
Changes and Modifications
We reserve the right to modify these Terms, in our sole discretion, at
any time. Such modifications may be posted through the Services, on
our Platform or when we notify you by other means. The changes may
be periodically intimated to you and your continued use of the Services
indicates your agreement to the modifications.
Governing Laws, Disputes and Jurisdiction
This Agreement shall be governed by and construed in
accordance with the laws of the India. These Terms, the
Services and the relationship between you and us shall be
governed in accordance with the laws of India. You agree that
all claims, differences, and disputes arising under or in
connection with or in relation
hereto the Platform, these Terms, the agreement(s) entered
into on or through the Platform or the relationship between
you and us shall be subject to the exclusive jurisdiction of the
courts at Bangalore.
Subject to the foregoing, in the event of a dispute whatsoever
arising in any way connected with the interpretation or
implementation of any term of these Terms, or in any way
connected with the use or inability to use the Services, the
same shall be referred to the sole arbitrator appointed by us
in accordance with the Arbitration and Conciliation Act, 1996
as amended from time to time, and the decision of the
arbitrator will be final and binding. The arbitration proceedings
will be held in the Bangalore, India.
Limitation of Liabilities
In no event shall we be liable for any special, incidental, punitive,
indirect or consequential damages whatsoever (including but not
limited to damages for loss of profits, loss of confidential or other
information, for business interruption, for personal injury, for loss
of privacy, for failure to meet any duty including of good faith or
of reasonable care, negligence, and any other pecuniary or other
loss whatever) arising out of or in any way related to the use of
or inability to use the Services or failure to provide support or
other services, information and related content through the
software or Platform, or otherwise arising out of the use of the
Services, even if you have been advised of the possibility of such
damages. In no event will our entire liability to you in respect of
Service and Platform, whether direct or indirect, exceed the
payment made to us by you. We shall have no liability to you if
we are prevented from or delayed in performing our obligations
due to force majeure event.
Entire Agreement, Severability and Assignment
These Terms represents the complete and exclusive understanding
between you and us regarding your use of Services. If any provision
of these Terms is found to be void, invalid, or unenforceable, it shall
be severed from and shall not affect the remainder of these Terms,
which shall remain valid and enforceable.
Third Party Rights
No third party shall have any rights to enforce any terms contained
herein.
Customer Grievances Redressal
Grievance Redressal Policy is formulated with a purpose to provide the
efficient customer service support through a laid down procedure and the
same can be accessed via link “Grievance Redressal Policy” on company’s
website. In terms of the Master Directions of RBI, if the
complaint/grievance is not resolved within a period of one month from
reporting, you may appeal to the Reserve Bank of India (RBI).
Pricing
We will go beyond efficiency and fairness by providing all our services at
prices that enable our partners to provide affordable services to their
users. The structuring of the prices will be carefully and consultatively
tailored to each market segment. Our users will have the benefit of the
usage of our product for downloading, registering and using our services
at no direct cost. The term “users” hereunder this clause shall not include
Financial Information Users (FIUs).
Force Majeure
We shall have no liability to you if we are prevented from or delayed in
performing our obligations or from carrying on our business by acts,
events, omissions, or accidents beyond our reasonable control, including,
without limitation, strikes, failure of a utility service or
telecommunications network, the act of God, war, riot, civil commotion,
pandemic situations, malicious damage, compliance with any law or
governmental order, rule, regulation, or direction.