These terms and conditions are applicable to the Users of WhatsApp who avails the Services (defined hereinafter) provided by Piramal Capital & Housing Finance Limited (“PCHFL”) who are eligible for certain services and shall be deemed to include any amendments/ changes/ modifications thereto from time to time by PCHFL. (Terms and Conditions).
DEFINITIONS AND INTERPRETATION
- Account refers to the loan account of the Customer with PCHFL.
- Account Related Services shall mean the Services which pertain to information of generic nature like branch locator, loan related FAQs etc. and in relation to the Account of PCHFL's Customer such as loan account statement balance enquiry, statement request, etc., which may be enabled by PCHFL, from time to time, at its sole discretion.
- PCHFL Registered Number is the authorized number of PCHFL, registered with WhatsApp for the purposes of providing Services herein.
- Customer shall mean any person either interested to avail loan or having loan Account with PCHFL & interacting with PCHFL on WhatsApp using the Services provided by PCHFL through WhatsApp.
- Customer’s Registered Number is the mobile number which the Customer has registered with PCHFL.
- Device means a computer, laptop, mobile phone, tablet or any other similar device that enables the User to access WhatsApp and use the Services.
- One Way Communication shall mean the service provided by PCHFL to the Customer on WhatsApp where PCHFL sends its Customer one-way messages through its Registered Number in the nature of information, alerts, updates, transaction alerts in relation to the Customer’s Account and such other communications as PCHFL may enable from time to time, at its discretion.
- Services shall mean the One Way Communication and Two Way Communication services provided by PCHFL by itself or through any of its service providers, to a Customer on WhatsApp.
- Two Way Communication shall mean the service provided by PCHFL to the Customers on WhatsApp where the Customer as well as non-customer can communicate with PCHFL by sending it messages in the form of making requests, seeking information, asking queries etc. to PCHFL on PCHFL Registered Number and where PCHFL responds to such messages. However, this service and PCHFL’s responses shall be limited only to such queries, information, requests etc. as may be determined by PCHFL from time to time, at its sole discretion.
Reference to the masculine gender includes reference to the feminine, neuter and vice versa.
ELIGIBILITY FOR USING THE SERVICES
The Customer hereby agrees and undertakes that he shall use the Services only if he fulfils the eligibility as given below and shall otherwise not use the Services:
- The Customer is an individual;
- The Customer is a major;
- The Customer is of sound mind, solvent and competent to contract;
- The Customer is a resident of India; and
- The Customer is present within the territory of India at the time of utilization of the Services.
The Customer agrees and accepts that PCHFL reserves the right to provide only such Services as PCHFL may at its discretion permit from time to time. The Customer hereby agrees that PCHFL may at any time, without notice to the Customer, modify, discontinue or make additions/deletions to the Services offered to the Customer. The Customer agrees that he shall not hold PCHFL responsible for not responding to the queries of/ information sought by the Customer or not providing a response to the satisfaction of the Customer or not processing any request of the Customer, in case such a message sent by the Customer in case PCHFL does not receive an instruction to this effect in its systems or the message sent by the Customer is not in the format as required by PCHFL or does not fall under the Services being offered by PCHFL at the time or PCHFL does not receive such a message for technical reasons or otherwise or for any reason whatsoever. PCHFL will have no liability in case of any fraud or impersonation incidents through this platform. Further, in case PCHFL permits any Service in the nature of a transaction, the Customer agrees that such a Service shall be subject to statutory/ regulatory limits and/or any limits that may be imposed by PCHFL, from time to time, at its sole discretion.
REGISTRATION AND VERIFICATION
- For availing the services, the Customer shall comply with the process as prescribed by PCHFL from time to time.
CONSENT FOR SERVICES
- The Customer hereby agrees and consents to PCHFL to provide the Services through WhatsApp as a medium and hereby agrees that any consent for the Services given by the Customer to PCHFL on WhatsApp will constitute as binding on the Customer.
- The Customer hereby agrees and consents to PCHFL displaying certain Customer Information including Loan Account number (in masked form or otherwise), name of the Customer, and such other information as may be necessary for the Services
CUSTOMER INFORMATION NOT TO BE SHARED
- Constitutes obscene, vulgar, or pornographic, immoral, illegal, illicit, unethical, antisocial etc.;
- Encourages the commission of a crime or violation of any law;
- Violates any state or federal law in India and/or the jurisdiction in which you reside;
- Infringes the intellectual or copyrights of a third party; and/or
- Constitutes confidential information and/or personal or sensitive information/ data belonging to the Customer or to any other person.
The Customer hereby agrees that the Customer shall not submit or transmit any content through this Service any information that:
PCHFL reserves the right to remove or otherwise delete any content or submissions made by the Customer that violates PCHFL’s internal rules or which are inappropriate, as per PCHFL’s sole discretion, without undertaking any liability in relation to the same or giving any prior warning to the Customer.
APPLICABLITY OF T&C AND AUTHORITY TO PCHFL
The Customer hereby accepts and agrees that all Services and communications (both One Way Communication and Two Way Communication) taking place on WhatsApp, initiated either by PCHFL or the Customer, will be governed by and subject to these Terms and Conditions. Further, the Customer hereby agrees that the Customer grants express authority to PCHFL for carrying out the Services requested by the Customer on WhatsApp on its Company Registered Number. PCHFL shall have no obligation to authenticate the Customer or to verify the identity of any Customer once the registration for One Way/ Two Way Communication service is made or once it receives any request/ communication to its Company Registered Number from any WhatsApp Customer through WhatsApp. However, if required and in its sole discretion PCHFL shall authenticate the Customer or verify the identity of any Customer, as deemed relevant even after the registration for One Way/ Two Way Communication service is made. PCHFL's own record or log of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.
The Customer unconditionally and irrevocably agrees to the following:
- Both One Way Communication and Two Way Communication shall at all times be governed by and subject to these Terms and Conditions.
- That all the Services provided to the customer are subject to applicable law and the rules, regulations, notifications, circulars and guidelines introduced or amended from time to time by the Reserve Bank of India and/or any regulatory/ statutory/ governmental authority.
- The Customer shall provide PCHFL with such information and/or assistance as is required by PCHFL for the performance of the Services and/or any other obligations of PCHFL. Further, that all instructions relating to the Services will be issued satisfactory to PCHFL in form and content.
- Account Related Services (at the discretion of PCHFL) shall be provided to the Customers through WhatsApp platform only to a WhatsApp account associated with the Customer’s Registered Number.
- That PCHFL may advise from time to time the versions of the operating systems on the Devices which are required for availing the Services and/or registration of the Services. There will be no obligation on PCHFL to support all the versions of the operating systems. The Customer agrees that the Customer shall be responsible for upgrading any software, hardware and the operating system at his cost from time to time so as to be compatible with that of PCHFL. PCHFL shall be at liberty to change, vary or upgrade its software, hardware, operating systems, etc. from time to time and shall be under no obligation to support the software, hardware, operating systems used by the Customer and that the same shall be the Customer’s sole responsibility to be able to continue his use of the Services.
- That the Customer shall not reproduce, copy, or redistribute for commercial purposes any materials or design elements of the Services provided hereunder.
- PCHFL reserves the right to remove or otherwise delete any content or submissions made by the Customer that violates PCHFL’s internal rules or which are inappropriate, as per PCHFL’s sole discretion, without undertaking any liability in relation to the same or giving any prior warning to the Customer.
- The responses sent by PCHFL on WhatsApp are based on a program running at back-end. This program has been developed and regularly enhanced to handle the queries in best possible manner. However, for any answers that the Customer may not find satisfactory or for any inaccuracies arising therefrom, PCHFL shall not be held responsible. The Customer may call 1800 266 6444 or email email@example.com or visit www.piramalfinance.com in case of any clarifications.
- By subscribing to PCHFL’s One Way Communication service, the Customer agrees to get its personal notifications/alerts/acknowledgements via WhatsApp including transaction details, value added subscriptions, alerts, notification services etc. The Customer also agrees to receive notifications including Account and transaction alert notifications, regulatory updates, personalized offers, new product features etc. on his mobile number registered with PCHFL via WhatsApp. Further, by registering to the One Way Communication service on WhatsApp, the Customer authorizes PCHFL to send the aforementioned alerts to the Customer on WhatsApp and/or SMS at PCHFL’s sole discretion.
- The Customer understands that WhatsApp is a third-party app and the security features thereof are not under the control of PCHFL, and as such PCHFL shall not be responsible for the same. WhatsApp being an electronic medium, it is inherently susceptible to certain risks like interception, etc. The Customer shall be conscious and be aware of the risks involved.
- The Customer is aware that authentication technologies and strict security measures are required for using Mobile applications. The Customer shall ensure that the passwords/authentication is not revealed to any third party including employees of PCHFL. The Customer shall be solely responsible for all the communication exchanged between them and PCHFL while subscribing and participating in the Service
- The Customer understands that his Device is vulnerable to the threats such as but not limited to unauthorized (i) access by intruders to the data/information contained on such Device; (ii) identity theft; (iii) privacy violations; (iv) planting of stealth software, malware, viruses etc; (v) disablement or distortion of operations; (vi) interception of the transmission of encrypted data/message etc. PCHFL shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using of this Service. The Customer shall immediately opt-out of the Services by deregistering process available.
- The Customer is responsible for keeping security safeguard of his account on his WhatsApp linked to his registered mobile number.
- The Customer shall ensure appropriate network connection and the receipt of messages by the Customer shall be subject to the network connection and PCHFL shall not be held responsible for any delay or non-receipt of the responses from PCHFL.
- The Customer is aware that using any mobile application involves many uncertain factors and complex software, hardware, systems, etc. which are susceptible to interruptions and dislocations. PCHFL does not make any representation or warranty that the Services will be available at all times without any interruption and that PCHFL shall not be responsible for any variation, reduction or imposition of the terms or the Customer’s inability to use WhatsApp for any reason whatsoever.
- The Customer agrees that he shall not have any claim against PCHFL on account of any suspension, interruption, non-availability or malfunctioning of the Service including due to any link/mobile/system failure at PCHFL’s end for any reason thereof.
- PCHFL has the right to retract the Customer’s right to utilize the Service anytime it deems fit without any notice to the Customer.
- PCHFL shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits in relation to the Services. PCHFL may communicate the amended Terms and Conditions by hosting the same on its website or in any other manner as decided by PCHFL. The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on the website and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Services.
- These Terms and Conditions shall be in addition to and not in derogation of the terms and conditions governing any other product or service being provided by PCHFL and being availed by the Customer.
- The Customer hereby unconditionally and irrevocably understands and agrees that he must: a) keep the passwords to his Device fully and strictly confidential and shall under no circumstance reveal any of the password(s) to any other person; b) commit the password to memory and not record any of them in a written or electronic form; c) not let any unauthorized person have access to his Device or leave his Device unattended while accessing his WhatsApp; d) put in place a passcode or password or PIN or a security key of similar nature to lock/ restrict access to his Device and secure it from any unauthorized access and not share such passcode/ password/ PIN/ security key with any other person; e) not remove the restrictions that may be imposed by the Device provider on the Device; f) take adequate precautions from any ransomware, malware, virus or any other security threat from entering the Device, including installing adequate anti-virus protection. The Customer hereby agrees and accepts that he shall at all times be solely responsible for the protection and safekeep of his SIM card, Device and the applications installed thereon, specifically WhatsApp, login ids, Customer Information, security details and passwords as mentioned hereinabove and hereby fully agrees that PCHFL shall in no manner be liable for any direct or indirect or consequential or other loss occurring on out of any action or omission because of compromise of the same. Further the Customer agrees that he understands the risks of losing his SIM card or transferring his SIM card to another device.
- It is advisable for the Customer who have subscribed to this Service to delete the WhatsApp Application when changing their device.
- The Customer also agrees and accepts that any person having access to any such email/phone number/authentication form factor/Customer’s Registered Mobile Number, shall be deemed to be duly authorised by the Customer and acting for and on behalf of the Customer, with the authority and intention to bind the Customer irrevocably with any actions pursuant thereto including the acceptance of these Terms and Conditions, vis-à-vis PCHFL.
- Misuse of Password: The User acknowledges that if any third person obtains access to the User's Device or SIM card or the User' s WhatsApp, such third party may be in a position to access User Information including Account related information of the User, which may be confidential in nature such as account balance, mini bank statements, etc. of the User. The User shall at all times ensure that the Terms and Conditions applicable to the use of the password and security of WhatsApp and the Device of the User are strictly complied with at all times.
- Internet Frauds: The internet per se is susceptible to a number of frauds, misuse, hacking, phishing and other actions which could threaten the security of the information available to the Customer while availing the Services. While PCHFL shall aim to provide security to prevent the same, it cannot guarantee any safeguard from such internet frauds, hacking, phishing and other actions which could affect any instruction(s) given to PCHFL for availing the Services. The Customer has evolved/ evaluated all risks arising out of the same.
- Mistakes and Errors: For availing any Services, PCHFL would require proper, accurate and complete details to be provided to PCHFL. The Customer shall therefore take all care to ensure that there are no mistakes and errors and that the message sent/ request made/ query asked by the Customer to PCHFL in this regard is error free, accurate, proper and complete at all points of time. The Customer agrees that PCHFL is providing the Services at the Customer s sole risk. The Customer agrees that PCHFL shall not be liable for any loss, damages or consequences whatsoever arising due to any erroneous or incomplete information or any delay in executing the instructions for reasons beyond the control of PCHFL.
- Technology Risks: The technology for enabling the Services offered by PCHFL could be affected by ransomware, virus or other malicious, destructive or corrupting code, programme or macro or any other security threat. It may also be possible that the site of PCHFL may require maintenance and during such time it may not be possible to process the request of the Customers. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability. The Customer understands that PCHFL disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by PCHFL to honour any Customer instruction for whatsoever reason. The Customer unequivocally and unconditionally understands and accepts that PCHFL shall not be responsible for any of the aforesaid risks. The Customer also accepts that PCHFL shall disclaim all liability in respect of the said risks.
- Customer understands that the receipt of messages by him/her shall be subject to a working network connection and the Customer shall ensure and maintain appropriate network connection for the same. Company shall not be held responsible for any delay or non-receipt of the responses/communication from the Company.
- Keeping a written or electronic record of the Customer's Device password;
- Disclosing or failing to take all reasonable steps to prevent disclosure of the Customer's WhatsApp and/or QR code and/or failing to advise PCHFL of such disclosure within reasonable time.
- Losing the SIM card on which the Customer's WhatsApp is registered;
- Transferring the SIM card on which the Customer's WhatsApp is registered to another device without deleting the WhatsApp application from the previous device.
- Not advising PCHFL in a reasonable time about unauthorized access to or erroneous transactions/ use of Services on his WhatsApp.
The Customer hereby acknowledges that he is availing the Services at his own risk and the Customer shall not hold PCHFL responsible or liable for any of the risks. Apart from the risks mentioned above, these risks would include but not be limited to the following:
ACCURACY OF INFORMATION
The Customer agrees that he is responsible for the correctness of information supplied to PCHFL in the course of availing the Services. PCHFL accepts no liability for the consequences arising out of erroneous information supplied by the Customer. PCHFL shall provide the information as may be last updated on the systems of PCHFL. While PCHFL will take all reasonable steps to ensure the accuracy of the statement, PCHFL is not liable for any error and shall not hold PCHFL responsible for any loss incurred or action taken by the Customer by relying on such information. The Customer further agrees that he/she shall hold PCHFL harmless against any loss, damages, etc. that may be incurred or suffered by him/her, if the information contained in the above said outputs turns out to be inaccurate/incorrect.
The Customer agrees that he shall be liable for all loss from unauthorized uses of his WhatsApp and/or for requests made while availing the Services and/or for any breach(es) of these Terms and Conditions or if he has in any way contributed or caused the loss by negligent actions including the following:
The Customer further agrees that the WhatsApp application is owned and controlled by an independent third party which is unaffiliated with PCHFL. PCHFL is not responsible for the privacy or security policies of WhatsApp and any other entity that may be linked to/ from/ within it, and does not assume liability for any damage incurred by the Customer from the use of said application. The Customer fully understands that PCHFL is not endorsing the products or services of WhatsApp or of any advertisement etc. appearing thereon.
The Customer understands and agrees that while PCHFL has deployed processes and technology to prevent unauthorized use or accidental disclosure of the Customer Information or any other data pertaining to the Customer on WhatsApp, the Customer understands and accepts that by using the Services, the Customer Information and any other data of the Customer in relation to the Services may also be stored on the application/ website/webpage and server of WhatsApp, which are outside of the control of PCHFL and PCHFL cannot guarantee the security of the Customer Information or any other data which is stored on therein. The Customer unconditionally and irrevocably agrees and accepts that PCHFL is not responsible for any compromise in such Customer Information/ data outside the control of PCHFL and acknowledges that the Customer is providing the Customer Information at his own free will and risk. The Customer hereby expressly consents to and authorises PCHFL (whether acting by itself or through any of its service providers, and whether in automated manner or otherwise), to do and undertake any of the following, in relation to the Customer Information as may be deemed relevant by PCHFL for its purposes: i) to collect the Customer Information from the Customer and/or other physical or online sources including WhatsApp accessing the same from credit information companies, to get the authenticity, correctness, adequacy, etc. of the Customer Information verified from any sources and persons including from online data bases; and to act for and on behalf for such accessing, collecting or verifying of the Customer Information including using my/our log in and password credentials on the online platforms; such collection, access and verification may be done without any notice to me/us; ii) process Customer Information including by way of storing, structuring, organising, reproducing, copying, using, profiling, etc. as may be deemed fit by PCHFL; iii) to store the Customer Information for such period as may be required for contract, by law or for Company s evidential and claims purposes, whichever is longer; iv) to share and disclose the Customer Information to service providers, consultants, credit information companies, other Companies and financial institutions, affiliates, subsidiaries, regulators, investigating agencies, judicial, quasi-judicial and statutory authorities, or to other persons as may be necessary in connection with the contractual or legal requirements or in the legitimate interests of PCHFL or as per the consent; v) any of the aforesaid may be exercised by PCHFL for the purposes mentioned above, for the purposes of credit appraisal, fraud detection, anti-money laundering obligations, for entering into contract, for direct marketing, for developing credit scoring models and business strategies, for monitoring, for evaluating and improving the quality of services and products, for other legitimate purposes or for any purposes with consent. The Customer acknowledges PCHFL has engaged/ may engage a service provider from time to time, for various aspects related to Services, storage, software/ hardware requirements, processing of requests, engines, responses, etc. The Customer has no objection to the same. The Customer hereby confirms that all the authorisations and rights in any of (i) to (v) above also extend to and are given above to the service providers of PCHFL, including for all the sharing and disclosures amongst PCHFL and its service providers. The Customer hereby expressly agrees to PCHFL and/or its affiliates for using the Customer Information and for cross-selling to him their various products and services from time to time.
The Customer undertakes to indemnify and keep PCHFL and its officers/employees fully indemnified and harmless from and against all the consequences of breach of any of the terms, conditions, statements, undertakings representations and warranties of these Terms and Conditions as also of any of its representations or warranties not being found to be true at any point of time, including any actions, notices, suits, claims, proceedings, damages, liabilities, losses, expenses, costs or taxes faced, suffered or incurred by PCHFL including from any third parties.
WITHDRAWAL OF SERVICES
PCHFL shall be entitled to withdraw/ discontinue/ suspend/ disallow the use of any of the Services at any time, at its sole and absolute discretion without need for any permission from or notice to the Customer.
BINDING NATURE OF TERMS AND CONDITIONS
The Customer acknowledges that the software/ other internet related software which are required for providing the Services or any Intellectual Property Rights of PCHFL in the process are the legal property of PCHFL/ respective vendors. The permission given by PCHFL to avail of the Services to the Customer will/ does not create or convey any rights, title or interest to the Customer or to any person, in the above software or Intellectual Property Rights of PCHFL. The Customer agrees that he shall not attempt to modify, translate, disassemble, decompile or reverse engineer such software or create any derivative product based on the software.
DE-REGISTRATION OF SERVICES
The Customer may request for de-registration/ unsubscription of the Services any time by following the process as may be prescribed by PCHFL from time to time. However, for this to come into effect, it may take such time as may be required by PCHFL. The Customer agrees that he will remain responsible for any requests made/ messages sent to PCHFL using the Services prior to the time such cancellation of the Services is effected by PCHFL. PCHFL will be at liberty to discontinue/ suspend/ terminate the Customer's use of the Services at any time without assigning any reason whatsoever. PCHFL may also discontinue or suspend or terminate Services/ facilities without prior notice if these Terms and Conditions are breached.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions and/or the use of the Services provided through WhatsApp shall be governed by the laws of the Republic of India & the Customer agree to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under these Terms and Conditions. PCHFL accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Service may be accessed through the internet by a Customer in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and Conditions and/or the use of the Services.
The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause. The Customer shall not be entitled to assign this agreement to any other person. PCHFL may subcontract and employ agents to carry out any of the Services or for any incidental purposes. PCHFL may assign, transfer, any of its rights and/or obligations or any part thereof to any persons at its discretion without any requirement for notice to or permission from the Customer.
ACCEPTANCE AND SIGNING
The Customer hereby expressly acknowledges and confirms that the Customer has read, verified, understood, irrevocably agreed to and accepted and delivered all the terms and conditions contained herein online by sending a message/ sending any communication on WhatsApp on PCHFL Registered Number.