WhatsApp Terms & Conditions

These terms and conditions (“WhatsApp Terms and Conditions”) as amended from time to time, are applicable to a customer and/or registered user (“Customer”) of Poonawalla Fincorp Limited (“PFL”) that avail services for applying for a loan, details of loan availed, service and product related queries more particularly described hereinbelow (“Services”) and wish to use the chatbot feature via the WhatsApp platform (“WhatsApp”). PFL renders the Services by an AI based Chatbot on WhatsApp (“WhatsApp Chatbot”).

The WhatsApp Terms and Conditions shall be in addition to any other terms and conditions as stipulated by PFL from time to time on its website https://poonawallafincorp.com/ (“Website”) whether pertaining to the account or in relation to other products, services, facilities or offers provided by PFL and availed by the Customer.

Any services that may be offered to the Customer through WhatsApp or WhatsApp Chatbot is at the discretion of PFL and/or basis the eligibility criteria of a customer and such services are subject to certain terms and conditions.

In case of conflict between any of these WhatsApp Terms and Conditions and the terms and conditions for other services provided on WhatsApp and WhatsApp Chatbot, specific terms and conditions of such services shall prevail. Further, in case of inconsistency between the WhatsApp Terms and Conditions and any specific terms and conditions pertaining to a specific variant of the account or any specific service/product/offer, the specific terms and conditions of that service/product/offer shall prevail.

By subscribing to the Services on WhatsApp and WhatsApp Chatbot, the Customer agrees and understands that the subscription to WhatsApp is purely discretionary and involves use of third-party application, which is not owned or controlled by PFL. Please read these Terms and Conditions carefully before using the Services on WhatsApp. Usage of the Services on WhatsApp indicates that the Customer agrees to and accepts the Terms and Conditions unconditionally. If the Customer does not accept these Terms and Conditions, PFL requests the Customer not to use the Services on WhatsApp and/or WhatsApp Chatbot.

PFL reserves the right, at its sole discretion to modify the WhatsApp Terms and Conditions at any time without any prior written notice to the Customer. Any modifications will be effective immediately upon the date of posting of the modified WhatsApp Terms and Conditions on the Website and the Customer hereby waives any right to receive additional notice of such changes or modifications. The Customer’s continued use of Services following the posting of changes will mean that the Customer accepts and agrees to the modified WhatsApp Terms and Conditions; therefore, it is the Customer’s responsibility to review the WhatsApp Terms and Conditions. If the Customer does not agree to the amended/revised WhatsApp Terms and Conditions, the Customer must cease to use the Services with immediate effect.

Any use of the Services in violation of the WhatsApp Terms and Conditions may result in, including but not limited to, termination or suspension of the Customer’s right to use the Services. When the Customers uses the Services provided by PFL, the Customer will be subject to the WhatsApp Terms and Conditions applicable to such Services, as may be modified from time to time and such modifications or changes shall be deemed to be incorporated into the WhatsApp Terms and Conditions and shall be considered as part and parcel of the WhatsApp Terms and Conditions. The Customer is solely responsible for understanding and complying with all laws, rules and regulations that may be applicable to the Customer in connection with the use of the Services.

Once the Customer has accepted the WhatsApp Terms and Conditions, he/she may register and avail the Services.

1. ELIGIBILITY FOR USING THE SERVICES:

1.1. The Customer hereby agrees and undertakes that he/she shall use the Services only if he/she fulfils the eligibility as given below and shall otherwise not use the Services:

  • The Customer has registered the Mobile Number with PFL.
  • The Customer has an account with PFL.
  • The Customer is an individual who is a major, of sound mind, solvent and competent to contract and
  • The Customer is a resident of India and is present within the territory of India at the time of utilization of the Services.

1.2. Non-Customers will be provided limited services such as application of Loan and product related information like features, benefits, eligibility criteria, documents required, interest rate and processing fees.

2. REGISTRATION:

2.1. PFL is offering the following Services on WhatsApp:

2.1.1. Apply Loans: Any new and existing Customer can apply loan for below products:

  • Personal Loan
  • ProfessionalLoan
  • Business Loan
  • Loan Against Property
  • Pre-Owned Car Loan

2.1.2. Services: Any existing Customer can avail below services:

  • Loan Details
  • Account Statement
  • Repayment Schedule
  • Welcome Letter
  • Payment Status
  • Online EMI Payment

2.1.3. Queries: Any Customer can get the product related information like features, benefits, eligibility criteria, documents required, interest rate and processing fees.

2.2. The Customer may apply for the Services by installing the WhatsApp mobile application on their device and completing the activation/registration for WhatsApp and follow the below instructions:

  • Save PFL WhatsApp Number 8806222222 (“Registered Number”) to the mobile contacts.
  • Go to WhatsApp contact list and search for ‘Poonawalla Fincorp Limited’ which will be verified with a tick.
  • Send “Hi” to commence use of the Services by WhatsApp

3. SERVICES:

3.1. The Customer agrees and accepts that PFL reserves the right to provide only such Services as PFL may at its discretion permit from time to time. PFL may also advise the availability/non-availability of any particular Service, at its sole discretion.

3.2. The Customer hereby agrees that PFL 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 PFL 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 PFL 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 PFL or does not fall under the Services being offered by PFL at the time or PFL does not receive such a message for technical reasons or otherwise or for any reason whatsoever. PFL will have no liability in case of any fraud or impersonation incidents through WhatsApp.

3.3. The Customer agrees and understands that WhatsApp is an additional channel of communication/availing Services and PFL offers the Services through other channels as well.

3.4. Further, in case PFL permits any Service in the nature of a financial transaction, the Customer agrees that such a Service shall be subject to statutory/regulatory limits and/or any limits that may be imposed by PFL, from time to time, at its sole discretion and the Customer hereby specifically authorizes and consent to debit/credit the account to undertake and complete the Service requested.

4. DE-REGISTRATION OF SERVICES:

The Customer may request for de-registration/un-subscription of the Services any time by following the process as may be prescribed by PFL from time to time.

4.1. However, the Customer agrees that for this to come into effect, it may take such time as may be required by PFL. The Customer agrees that he will remain responsible for any requests made/messages sent to PFL using the Services prior to the time, such cancellation of the Services is affected by PFL. PFL will be at liberty to discontinue/suspend/terminate the Customer’s use of the Services at any time without assigning any reason whatsoever. PFL may also discontinue or suspend or terminate Services/facilities without prior notice if the WhatsApp Terms and Conditions are breached.

5. VERIFICATION:

5.1. “One Way Communication” shall mean the service provided by PFL to the Customer on WhatsApp where PFL 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 PFL may enable from time to time, at its discretion. “Two Way Communication” shall mean the service provided by PFL to the Customer on WhatsApp where the Customer can communicate with PFL by sending it messages in the form of making requests, seeking information, asking queries etc. to PFL on the Registered Number and where PFL responds to such messages. However, this service and PFL’s responses shall be limited only to such queries, information, requests etc. as may be determined by PFL from time to time, at its sole discretion.

5.2. For availing the One-Way Communication and Two-Way Communication service, the Customer agrees and confirms to have accepted:

  • The WhatsApp Terms and Conditions applicable to the Customer for availing the Services mentioned herein.
  • Any other product/service/offer related specific terms and conditions as applicable.
  • All terms and conditions prescribed by WhatsApp for using its platform.
  • All the Services provided to him 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.
  • To provide PFL with such information and/or assistance as is required by PFL for the performance of the Services and/or any other obligations of PFL. Further, that all instructions relating to the Services will be issued satisfactory to PFL in such form and content.
  • That Account Related Services including in relation to loan etc. (at the discretion of PFL) shall be provided to the Customers through WhatsApp only to a WhatsApp account associated with the Customer’s registered number.
  • That PFL 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 PFL 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/her cost from time to time so as to be compatible with that of PFL. PFL 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.

5.3. PFL may modify the process for authentication, registration and/or verification of the Customer, for One Way Communication and/or Two-Way Communication, at any time, at its sole discretion. The Customer may continue to receive SMS and email alerts for selected communications. Subscribing to the Service will be taken as explicit consent of the Customer to receive communication from PFL on WhatsApp.

6. IMPORTANT TERMS:

6.1. PFL has no liability in case of any fraud or impersonation incidents through WhatsApp. The Customer recognises that WhatsApp is a third-party platform and PFL has no control over the same.

6.2. PFL shall not be required to authenticate the Customer, if any request for the Service comes on WhatsApp to the Registered Number and in case of a Customer, if the number reflected in the requestor’s mobile is a Customer’s registered number, PFL shall be entitled to presume that it is the Customer who is interacting through WhatsApp and in case of any other Customer, PFL shall be entitled to presume that the number reflected in the WhatsApp profile is the Customer’s number and it is the Customer itself and not any other person who is interacting with the Registered Number.

6.3. The Customer should not share any personal identification/account related sensitive personal information such as account number, password, PIN, OTP, etc. on WhatsApp.

6.4. 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 PFL or the Customer, will be governed by and subject to the WhatsApp Terms and Conditions. Further, the Customer hereby agrees that the Customer grants express authority to PFL for carrying out the Services requested by the Customer on WhatsApp on its Registered Number. PFL shall have no obligation to authenticate the Customer or to verify the identity of any Customer once the registration for Service is made or once it receives any request/communication to its Registered Number from any Customer through WhatsApp. PFL's own record or log of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.

6.5. The Customer shall apply to PFL for use of the Services (and/or for any changes to the options available under the Services) in such manner and through such modes as may be specified and made available by PFL from time to time including but not limited to application through forms as prescribed by PFL, and/or infinity, PFL’s customer care number, BSMS if and when made available as permitted modes by PFL for use of the Services through WhatsApp.

6.6. PFL in its sole discretion shall decide the devices, software platforms, versions, networks, methods, and data services that will be supported by the WhatsApp for providing these Services. Any attempts to modify unsupported versions for use in WhatsApp will be treated an unauthorized use and violation (“Unauthorized Use”) of the WhatsApp Terms and Conditions. The Services through the WhatsApp shall be suspended with immediate effect if there is Unauthorized Use by the Customer.

6.7. By subscribing to Services on WhatsApp, the Customer agrees to get notifications via WhatsApp including account information, transaction details, and other services/communications. Customer also agrees to receive notifications including offers, new product features, any other important notification sent by PFL from time-to-time etc on the Customer’s registered number via WhatsApp.

6.8. The Customer irrevocably and unconditionally authorizes PFL to access all his/her Account/s for effecting financial transactions for the Service requests received through the WhatsApp and to share the account/s information with any third parties for the purpose of accepting/executing such Service requests of the Customer.

6.9. PFL reserves the right to seek consent from the Customer on WhatsApp to send updates, offers and other information over WhatsApp. The response/consent provided by the Customer will be stored and utilized for further processing/offerings by PFL.

6.10. The Customer agrees that PFL and/or group companies may hold and process the Customer’s personal information concerning the Account/s or otherwise in connection with the Services as well as for analysis, credit scoring for the purpose of offering any products and/or Services. The Customer agrees and consents that PFL may collect, store, use and/or disclose your personal data for the Services as detailed on the Website. The Customer also agrees that PFL may further disclose, in strict confidence, to other institutions, its service providers, such information as may be reasonably necessary for reasons inclusive of but not limited to the participation in any telecommunication or electronic clearing network, for compliance with applicable law or regulation or orders of courts and tribunals, for credit rating/credit analysis by recognized credit scoring agencies, and for fraud prevention etc. to its group companies, its third party service providers, and such other agents as determined by PFL to be necessary for continuing to provide its products and/or Services to the Customer.

6.11. All records of PFL generated by the transactions arising out of use of the Services on WhatsApp, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions.

6.12. Where PFL considers the instructions to be inconsistent or contradictory with any past instructions or any simultaneous instructions provided by Customer to PFL through other channels provided by PFL, it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it may deem fit. PFL shall have the right to suspend the Services if PFL has reason to believe that the Customer's instructions may lead to direct or indirect loss or may require an indemnity from the Customer.

6.13. The Customer accepts that all information/instructions will be transmitted to and/or stored at various locations and be accessed by personnel of PFL (and its affiliates) or its service providers.

6.14. On the Customer opting in for the Services through the WhatsApp platform, PFL has the discretion to stop sending these alerts on SMS or any other channel.

6.15. The Customer is responsible for securing and safeguarding of his/her WhatsApp account linked to the mobile number.

6.16. The Customer understands that using WhatsApp application may carry extra risks and may not be secured. Further any message and information exchanged is subject to the risk of being read, interrupted, intercepted, or defrauded by third party or otherwise subject to manipulation by third party or may involve delay in transmission. PFL shall not be responsible or liable to the Customer or any third party for the consequences arising out of or in connection with using of this Services.

6.17. The Customer acknowledges that the Customer is availing the Services at his own risk and responsibility and shall not hold PFL liable for any risks associated with use of the WhatsApp and Services. The Customer understands that mobile phones are vulnerable to the threats and use of WhatsApp and the Services include risks including but not limited to :

  • Access by intruders to the data/information.
  • Identity theft.
  • Privacy violations.
  • Planting of stealth software and viruses.
  • Disablement or distortion of operations.
  • Interception of the transmission of encrypted data/message etc.
  • Password misuse.
  • Technology risks.

6.18. The Customer shall immediately notify PFL in writing if Customer discovers/suspects unauthorized access. PFL shall not be responsible or liable to the Customer or any third party for the consequences arising out of or in connection with using of the Services. The Customer should immediately opt-out of the Services as per the unsubscribe process as detailed herein above.

6.19. The Customer is aware that using mobile applications involves many uncertain factors and complex software, hardware, systems, etc. which are susceptible to interruptions and dislocations. PFL does not make any representation or warranty that Services on WhatsApp will be available at all times without any interruption and further that PFL shall not be responsible for any variation, reduction or imposition of the terms or the Customer inability to use the mobile application.

6.20. The Customer is aware that authenticated technologies and strict security measures are required for using mobile applications. The Customer undertakes to ensure that the password is not revealed to any third party including PFL officials or any unauthorized person. The Customer shall be solely responsible for all the communication exchanged between the Customer and PFL while logging into this Services.

6.21. The Customer shall not reproduce, copy, or redistribute for commercial purposes any materials or design elements of this Services.

6.22. The Customer shall ensure appropriate data network connection. Receipt of messages by the Customer shall be subject to the data network connection and PFL shall not be held responsible for any delay or non-receipt of the responses at WhatsApp.

6.23. The Customer shall not submit or transmit any content through WhatsApp that is:

  • Obscene, Vulgar, or Pornographic, immoral, illegal, illicit, unethical etc.
  • Encourages the commission of a crime or violation of any law.
  • Violates any law in India and/or the jurisdiction in which customer resides.
  • Infringes the intellectual or copyrights of PFL or a third party.
  • Constitutes as confidential information and/or personal or sensitive information/data belonging to the Customer or any third person.
  • the Customer shall not reproduce, copy, or redistribute for commercial purposes any materials or design elements of the Services provided hereunder.

6.24. PFL reserves the right to remove or otherwise delete any content or submissions made by the Customer that violates the rules or which are inappropriate, as per PFL’s sole discretion, without any liability or giving notice to the Customer.

6.25. All instructions for availing the Services under the WhatsApp shall be provided through the Customer’s registered number in the manner indicated by PFL. The Customer is also responsible for the accuracy and authenticity of the instructions provided to PFL and the same shall be considered to be sufficient for availing of the Services via WhatsApp. The alerts would be sent on the mobile phone number, last registered with PFL.

6.26. The Customer agrees that if he/she notices any error in any information supplied to the Customer by the use of any of the Services, the Customer shall inform PFL of the same, as soon as possible. PFL will endeavour to correct the error promptly.

6.27. The Customer agrees that all outputs of statements that may appear on WhatsApp, upon making a request to that effect, are information extracted from a computerized back up system maintained by PFL and may not be continuously updated in real time. PFL shall provide the information as may be last updated on the systems of PFL. While PFL will take all reasonable steps to ensure the accuracy of the statement, PFL is not liable for any error and the Customer shall not hold PFL responsible for any loss incurred or action taken by the Customer by relying on such information.

6.28. It is recommended for Customer who has subscribed to the Services via WhatsApp to delete WhatsApp application when changing their device so as to ensure there is no misuse of the same.

6.29. 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.

6.30. PFL has the right to retract the Customer’s right to utilize the Services anytime it deems fit without any notice to the Customer.

6.31. The Customer agrees that the Registered Number on WhatsApp cannot be used for grievance redressal or reporting fraud as of now. PFL will have no liability on reporting of such incidents received through WhatsApp. The Customer may call customer care number 1800-266-3201 in case of any clarifications

6.32. These WhatsApp Terms and Conditions may be withdrawn, superseded, or modified at any time whatsoever, by PFL without any prior notice.

6.33. PFL reserves the right to remove or otherwise delete any content or submissions made by the Customer that violates PFL’s internal rules or which are inappropriate, as per PFL’s sole discretion, without undertaking any liability in relation to the same or giving any prior warning and/or intimation to the Customer.

6.34. The responses sent by PFL 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, PFL shall not be held responsible.

6.35. By subscribing to PFL’s One Way Communication service, the Customer agrees to get its personal notifications/alerts/acknowledgements via WhatsApp including portfolio holding, 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 PFL via WhatsApp. Further, by registering to the One-Way Communication service on WhatsApp, the Customer authorizes PFL to send the aforementioned alerts to the Customer on WhatsApp and/or SMS at PFL’s sole discretion and PFL also may stop sending these alerts on SMS or any other channel, at its sole discretion.

6.36. The Customer is aware that it may not be possible for PFL to give detailed information on the Service functionalities. PFL shall not be responsible or liable to Customer or any third party for the consequences arising out of or in connection with using of this Service.

6.37. The Customer is aware that authentication technologies and strict security measures may be required for using mobile applications such as WhatsApp. The Customer undertakes to ensure that the Customer shall not reveal his password to any third-party including employees and dealers of PFL. The Customer shall be solely responsible for all the communication exchanged between the Customer and PFL while utilizing these Services.

6.38. Further the Customer understands the risks of compromise of his QR code and the implications that it may have on his WhatsApp, including access by a third party to the Customer’s WhatsApp and the Services. The Customer agrees that PFL assumes no liability whatsoever in case of any event of such compromise of the Customer’s WhatsApp account and PFL shall not be held responsible for any such event. Further, the Customer agrees and understands that WhatsApp can also be logged on more than one device at the same time, including by using web log in and the Customer is aware of the risk in this regard while availing the Services such as compromise of Customer information, breach of security of the Customer’s WhatsApp account from a device other than the Customers etc. and the Customer undertakes to be vigilant and careful and takes full responsibility for the security of his WhatsApp account. PFL shall not be responsible or liable to Customer or any third party for the consequences arising out of or in connection with using of this Service.

6.39. 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 PFL.

7. THIRD PARTY

7.1. WhatsApp is owned by a third-party unaffiliated with PFL. The Customer shall independently be guided by the WhatsApp guidelines including the privacy policies of WhatsApp and the third parties or group companies of WhatsApp. Please be informed that PFL has no control over WhatsApp guidelines or any other polices framed by WhatsApp. PFL is not responsible for the privacy or security policies of WhatsApp or these third-party sites or other third-party sites that may be linked to with PFL’s social media channels. The Customer should always review the privacy and security practices and policies of each third-party site the Customer visit, including WhatsApp. PFL does not endorse and is not responsible for any ads, content, products, advice, opinions, recommendations, or other material of third-party sites that may be promoted via advertising within any social media channels.

7.2. The Customer further understands and agree that WhatsApp or any other service provider through which PFL is providing the Services on WhatsApp may review and monitor, store the contents shared/communicated through the WhatsApp or other service provider(s) and may share the same with third parties. Therefore, it is strongly recommended that the Customer:

  • Never share privacy-sensitive details via WhatsApp messages/through the WhatsApp facility.
  • Will not send messages of his own accord and will only respond to the messages sent to the Customer except for any important communication and awareness messages.
  • Will not contact PFL through the WhatsApp channel for complaints, grievances, or similar important matters.

8. DISCLAIMER OF LIABILITY:

8.1. PFL shall not be responsible for any failure on the part of the Customer to utilize the WhatsApp facility due to the Customer not being within the geographical range within which the WhatsApp facility is offered and which forms part of the roaming network of such cellular service provider, providing Services to the Customer availing such roaming facility from the respective cellular service provider. If the Customer has reason to believe that the mobile phone number is/has been allotted to another person and/or there has been an unauthorized transaction in the account and/or his mobile phone handset is lost, he/she shall immediately inform PFL of the same.

8.2. The Customer agrees that PFL shall not be liable if:

  • The Customer has breached any of the WhatsApp Terms and Conditions, contained herein; or
  • The Customer has contributed to, or the loss is a result of failure on part of the Customer to advise PFL within a reasonable time about unauthorized access of or erroneous transactions by use of the Services; or
  • As a result of failure on part of the Customer to advise PFL of a change in or termination of the Customer's mobile phone numbers/SIM (“Subscriber Identity Module”) cards.
  • There has been an unauthorized transaction/instruction provided through WhatsApp as a result of any person having control or custody of telecommunications instrument (such as the mobile handset) so that such instrument may be used to give telecommunications instruction without authorization or any other issue/default/error/technological problem in the telecommunication instrument (such as the mobile handset) or duplication of mobile number/SIM of the Customer such as but not limited to SIM card cloning, virus in handset etc.

8.3. PFL shall endeavour to provide the Services through WhatsApp on a best effort basis and the Customer shall not hold PFL liable for non-availability of the Service through WhatsApp or non-performance by service providers, if any, engaged by PFL or any loss or damage caused to the Customer as a result of use of the WhatsApp facility for causes which are not attributable to PFL. PFL shall not be liable in any manner to the Customer in connection with the use of WhatsApp. The Customer agrees that no claim shall be raised against PFL on account of any suspension, interruption, non-availability or malfunctioning of the Service(s) due to any link/mobile/system failure at PFL’s end or for any other reason thereof. PFL shall endeavour to carry out the instructions received from the Customer through WhatsApp promptly, provided that PFL, shall not be responsible for the delay in carrying out such instructions due to any reason whatsoever, including, but not limited to, failure of operational system or any requirement of law or PFL’s internal policies.

8.4. The Customer accepts that each WhatsApp communication may contain certain account information relating to the Customer. The Customer authorizes PFL to send Account related information, though not specifically requested, if PFL deems that the same is relevant. PFL shall not be held responsible for the confidentiality, secrecy, and security of the personal or Account information being sent through the WhatsApp platform. The Customer agrees that the access to the Services on WhatsApp shall be only through the Customer’s registered mobile number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer. Under no circumstance, PFL shall be held liable if the Services on WhatsApp facility is not available for reasons including but not limited to natural calamities, epidemic/pandemic, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of PFL. PFL shall not be liable under any circumstances for any damage whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. Illegal or improper use of the WhatsApp shall render the Customer liable for payment of financial charges as decided by PFL or will result in suspension of the Services on WhatsApp for the Customer.

8.5. PFL is in no way liable for any error or omission in the services provided by any cellular or any third-party service provider (whether appointed by PFL in that behalf or otherwise) to the Customer, which may affect the Services on WhatsApp facility. PFL makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider or by WhatsApp or any other service provider enabling PFL to deliver Services through WhatsApp to the Customers.

8.6. PFL, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through WhatsApp PFL makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the WhatsApp.

8.7. Without limitation to the other provisions of these WhatsApp Terms and Conditions, PFL, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of PFL in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and PFL's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, PFL's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the WhatsApp.

8.8. Notwithstanding anything to the contrary provided in these WhatsApp Terms and Conditions, PFL shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular service provider or any third-party service provider or WhatsApp (whether appointed by PFL for such purpose or otherwise) while availing these Services through the WhatsApp platform.

8.9. The Customer shall not interfere with or misuse in any manner whatsoever the Services on WhatsApp facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable for damages to PFL or for any losses suffered by PFL.

8.10. The Customer is solely responsible for protecting his/her OTP/debit card PIN/password or mobile phone number and any other password and/or any other mode of verification as prescribed/issued by PFL for the use of the Services on WhatsApp facility from time to time without any liability of PFL in this regard. The Customer hereby agrees and accepts that he/she shall at all times be solely responsible for the protection and safe keep of his/her SIM card, device and the applications installed thereon, specifically WhatsApp, login IDs, Customer information, security details and passwords as mentioned hereinabove.

8.11. The Customer agrees that PFL assumes no liability whatsoever in case of any event of such compromise of the Customer’s WhatsApp account and PFL shall not be held responsible for any such event. Further, the Customer agrees and understands that WhatsApp can also be logged on from more than one device at the same time, including by using web log in and the Customer is aware of the risk in this regard while availing the Services such as compromise of Customer Information, breach of security of the Customer’s WhatsApp account from a device other than the Customers and the Customer undertakes to be vigilant and careful and takes full responsibility for the security of his/her WhatsApp account. PFL 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.

8.12. PFL will not be liable for:

  • Any unauthorized use of the customer's OTP/debit card PIN, password, or mobile phone number or for any fraudulent, duplicate, or erroneous instructions given on the WhatsApp channel.
  • Error, default, delay, or inability of PFL to act on all or any of the instructions given by the Customer due to any reason.
  • Loss of any information/instructions in transmission.
  • Unauthorized access by any other person to any information/instructions given by the Customer or breach of confidentiality.
  • PFL may provide any other Services as a part of the WhatsApp facility and PFL shall not be liable for the oversight on part of the Customer to update himself/herself with the addition of Services which have been included in the WhatsApp facility.

9. INDEMNITY:

9.1. In consideration of PFL providing the Services on WhatsApp, the Customer, at his own expense, agrees to indemnify, defend and hold harmless, PFL, its directors and employees, representatives, agents, customers and/or the affiliates, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that PFL may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the Customer or otherwise for use of the Services on WhatsApp.

9.2. The Customer further specifically agrees to indemnify, defend, and hold harmless, PFL and/or its affiliates from any losses occurring as a result of:

  • The Customer permitting any third parties to use the WhatsApp facility.
  • The Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone and PFL acting/not acting on any instructions received from the same; and
  • The Customer having breached the WhatsApp Terms and Conditions.

10. TERMINATION:

10.1. PFL may, at its discretion, withdraw temporarily or terminate all or any of the Services on WhatsApp, either wholly or in part, at any time without giving prior notice to the Customer.

10.2. PFL may, without prior notice, suspend or all or any of the Services on WhatsApp at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Services on WhatsApp.

10.3. PFL may suspend or terminate Services on WhatsApp or any of the Services without prior notice if the Customer has breached these WhatsApp Terms and Conditions or PFL learns of the death, bankruptcy etc.

11. PROPRIETARY RIGHTS:

11.1. The Customer acknowledges that the software/other internet related software which are required for providing the Services or any Intellectual Property Rights of PFL in the process are the legal property of PFL/respective service providers. The permission given by PFL 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 PFL. 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.

12. DISCLOSURE:

12.1. The Customer hereby expressly authorizes and gives consent to PFL to collect, share, exchange, disclose, transfer or part with any of account information or personal data, contained provided to/available with PFL, when PFL considers such disclosure as necessary or expedient, with:

  • WhatsApp, employees, or agents of PFL, group entities, subsidiaries, branches in any jurisdiction; or
  • Auditors, any agencies/credit bureaus, any court, or tribunal or any statutory, regulatory, judicial, governmental, or administrative authority, Central KYC registry, PFL Know your client registration agency having jurisdiction over PFL or its group entities/subsidiaries/branches; or
  • Service providers or any such person with whom PFL contracts or proposes to contract in relation to the provision of Services in respect of the Account or facilities.

12.2 The Customer hereby expressly authorizes and gives consent to PFL to collect, share, exchange, disclose, transfer or part with any of account information or personal data, contained provided to/available with PFL for the purpose:

  • Of compliance with applicable laws or any order (judicial or otherwise), statutory or regulatory requirement to which PFL, its subsidiaries or any its branches are subject to; or
  • Of facilitating banking transactions or any of the Services through the WhatsApp or otherwise); or
  • Of disclosures for credit review of any account, assets or service or any credit facilities received/availed/held by the Customer from PFL (whether singly or jointly or otherwise); or
  • Of authentication or verification; or
  • Of research or analytical purposes, credit reporting, credit scoring, risk management, anti-money laundering checks, participation in any telecommunication; or
  • To design financial services and to offer an enhanced, personalized online experience on the Website and third-party websites or otherwise; or
  • Of enabling registration/verification/offering of any products or any investments to be made by the Customer with PFL’s group companies/other companies.

12.2. The Customer understands and agrees that PFL 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 PFL and PFL cannot guarantee the security of the Customer information or any other data which is stored on therein. The use of such information and data are governed as per WhatsApp guidelines. The Customer unconditionally and irrevocably agrees and accepts that PFL is not responsible for any use or compromise in such Customer information/data outside the control of PFL and acknowledges that the Customer is providing the Customer information at his own free will and risk.

13. GOVERNING LAW:

13.1. These WhatsApp Terms and Conditions shall be governed by laws of India. Any dispute or differences arising out of or in connection with the Services available on WhatsApp or any of the Services shall be subject to the exclusive jurisdiction of the Courts of Pune. PFL accepts no liability whatsoever, direct, or indirect for noncompliance with the laws of any country other than that of India. The mere fact that the Services on WhatsApp can be accessed by a customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and/or the operations in the account/s/services/offers provided to the customer and/or the use of the Services on WhatsApp.

14. DISCLAIMER:

14.1. PFL may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/Services provided.

14.2. WhatsApp or any other service provider through which PFL is providing the Services on WhatsApp can/may review and monitor, store the contents (including text, images, videos, or other materials) shared/communicated through the WhatsApp platform or other service provider(s) and may share/disclose the same with third parties.

14.3. PFL shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular service provider or any third-party service provider or WhatsApp (whether appointed by PFL for such purpose or otherwise) while availing these Services through the WhatsApp and the Customer agrees to directly take up any claim/dispute with respect to the usage of WhatsApp platform directly with WhatsApp.

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