When you access our website or use our services, you establish a relationship with us and become a part of The EMI Club family. These terms and conditions form a legal contract between you and The EMI Club. They are curated as much for your protection as they are for our business and so we encourage you to read these Terms and Conditions carefully before accessing our website, or using our services.
By using our Site or products or services, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not use our Site or services.
DISCLAIMER:
• By agreeing to these Terms and Conditions, you undertake that you are at least the age of majority and legally entitled to enter into contracts. You undertake to abide by the Terms and Conditions diligently and make use of our website, services, brand name, and all other related information therein, in good faith.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the The EMI Club Website/ Services, use of the The EMI Club Website/Products/Services, or access to the The EMI Club Website/ Services or any contact on the website through which the service is provided, without express written permission by us. You agree to not use our services for any illegal or unauthorized purpose nor may you, in the use of the The EMI Club Website/ Services, violate any laws in your jurisdiction (including but not limited to copyright laws), to not transmit any worms or viruses or any code of a destructive nature.
• The EMI Club reserves the sole right to provide, continue or discontinue the service, or any part thereof, subject to change without notice at any time.
We reserve the right to accept or reject service to anyone for any reason at any time. This site is designed, updated and maintained by The EMI Club or its licensors. A breach or violation of any of these Terms and Conditions will result in an immediate termination of your Services with The EMI Club.
1. GENERAL CONDITIONS:
Your willingness to avail our services constitutes your “offer” which shall be subject to these terms and conditions, we reserve the right to “accept” or “reject” your offer.
2. LOAN PROCESS INFORMATION:
• Dealers associated with The EMI Club shall share information of all the eligible and potential customers who are interested in availing The EMI Club’s services. The information provided by the Dealer shall be used by The EMI Club to offer its Loan products to the individuals. The EMI Club and the Dealer shall extend all support to the individuals to complete formalities to avail the financial assistance for the purpose of securing their desired mobile device. Dealer shall collect information from Customer which shall mainly include self-attested KYC of the borrower, and/or any other document as requested to access the credit worthiness of the borrower.
• Upon acceptance of the Loan request of the Customer and execution of the Finance Documents by the Customer, it shall be ensures that all such Finance Documents are in accordance with the Digital Lending Guidelines, and are automatically shared with the Customer(s).
• Customer shall be provided with a Key Fact Statement (“KFS”) for review in the format prescribed under the Digital Lending Guidelines. Such KFS shall contain, inter-alia, all necessary information regarding the Credit Facility including but not limited to the annual percentage rate, recovery mechanism, details of the designated nodal grievance redressal officer, cooling off / look-up period, and any and all other fees and charges (including rate of penal interest and charges on an annualised basis) that the Customer may incur during the term of the loan. Such KFS shall be provided by the Dealer to the Customer in a timely manner, to enable The EMI Club to reflect such KFS on its digital lending application for the benefit and review of the Customer. The Dealer undertakes to display the KFS on an as-is basis, as received from The EMI Club without any changes, modifications or alterations thereto.
3. USE OF SERVICES:
• The EMI Club strives to serve the best interest of its customers by including and showcasing fair and transparent loan processing for mobile phones. You can access the services of The EMI Club on a one-on-one basis through its Website, or Application and also through connecting with your nearest Dealer associated with The EMI CLub.
• Your adopting these services implies your agreement to these Terms and Conditions. The EMI Club provides these general suggestions which can help make the loan processing process completely safe and smooth going for all parties involved.
4. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
All reviews, comments, feedback, testimonials, postcards, suggestions, ideas, and other submissions (for example contest entries), submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use (collectively, the “Comments”) shall be and remain our property. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
We are and shall be under no obligation –
• to maintain any comments in confidence; or
• to pay compensation for any comments; or
• to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Your obligations:
• You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
• You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
• You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
• You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
5. INTELLECTUAL PROPERTY RIGHTS & THIRD PARTY LINKS:
• Any use of this Website, its contents, our Services or Products including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of The EMI Club.
• We and our Dealers and licensors expressly reserve all intellectual property rights on our products/services/site including all text, programs, products, processes, services, technology, content and other materials, which appear on this Website. Access to this Website, purchase of our products or use of our services, does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, are owned by or licensed to us. Any use of this Website/Product/Service or its contents, including copying or storing them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose.
• The EMI Club’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The EMI Club or licensed to The EMI Club. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever.
• No trademark or service mark license is granted to anybody, whatsoever in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appears on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
• The EMI Club is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites; any link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software, without the prior consent of The EMI Club and without crediting The EMI Club.
• Notwithstanding anything contained in these Terms, all Content it’s copyrights, trademarks, taglines and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international Trademarks laws. All the contents available on this Website are the exclusive property of The EMI Club and are protected by Indian and international Trademark laws.
6. LIMITED LIABILITY:
• The EMI Club services are granted with utmost customer security and while maintaining the highest level of Customer information confidentiality. To ensure transparency between you and The EMI Club, each of our services provides sufficient details. Our services warrant a KYC and KFS which must be read for your safe use of the product and services because it is possible that certain Terms & Conditions may need explicit approval from your end.
• Our services and all products and services delivered by The EMI Club to you are provided ‘as is and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied.
• We do not guarantee, represent or warrant that your use of our products and services will be uninterrupted, timely, secure or error-free.
• We do not warrant that the non-payment of your EMI due shall not result in your mobile phone locking or you having restricted access over the mobile phone.
• You agree that The EMI Club has the liberty to restrict access of your mobile phone in the event of payment default from your end for indefinite periods of time or cancel the service at any time, without notice to you. Mobile phone access shall be restricted till the time payment of EMI due is not made by you whether in part or completely as mutually decided between you and The EMI Club.
• You expressly agree that your use of or inability to use our product or service is at your sole risk.
Without prejudice to the generality of the term above, our total liability to you for all liabilities arising out of these Terms and Conditions be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
7. USAGE RESTRICTIONS:
You are prohibited from using this website:
• for any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
• for any immoral or obscene purposes, like, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• to interfere with or gain access to any other person’s use or enjoyment of the Website.
• to breach any applicable law for the time being in force.
We reserve the right to terminate your use of the service of our website and any other Company owned platforms or any related website for violating any of the abovementioned restrictions.
8. FORCE MAJEURE:
• You understand and agree that The EMI Club will not be liable for any delay or failure to comply with its obligations or for non-performance of any of these Terms and Conditions caused, directly or indirectly, due to a Force Majeure event, including but not limited to a situation of a fire, flood, earthquakes, pandemics, epidemic, storms, natural calamities, trade restrictions, acts and orders of Courts or any other competent government authorities, inevitable accidents or any other causes beyond the control of The EMI Club.
• If the delay or failure of performance of the obligations of The EMI Club is in any manner affected due to the occurrence and continuance of such Force Majeure Event then the period of performance of the obligations of The EMI Club towards you shall automatically stand extended for such period affected by such Force Majeure Event.
9. INDEMNIFICATION:
• You agree to defend, indemnify and hold harmless The EMI Club and our founder, proprietors, partners, licensors, contractors, suppliers, dealers, agents, employees, service providers, and subsidiary companies from and against any and all claims, liabilities, damages, losses, costs and expenses, including Attorney’s fees, caused by claims arising out of your actions or inactions resulting from your use of the products and services of The EMI Club, breach of these Terms and Conditions, violation of any law or rights of the third party and/or use of data gathering and extraction tools.
• This term shall survive the expiry or termination of these Terms and Conditions.
10. APPLICABILITY OF THESE TERMS AND CONDITIONS
• You acknowledge and agree to these Terms and Conditions and that they form a complete and binding agreement between You and The EMI Club with respect to each purchase or each time you use our services and that they supersede and govern all prior proposals, agreements and other communications.
• Any new products, services, features and tools of The EMI Club which are added shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace our products, services and these Terms and Conditions, or any part thereof, without any notice about the same. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
• Nothing in these Terms and Conditions shall be construed as creating an agency or partnership or employer-employee relationship, or any other form of joint enterprise between you and The EMI Club. The headings of these Terms and Conditions are only for the purpose of convenience only and shall not be taken in its literal sense and be used in its interpretation.
• In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. DISPUTE RESOLUTION:
• Any disputes and differences arising out of or in connection with these Terms and Conditions, including any question regarding the existence, validity or termination of these Terms and Conditions and regarding the use of our Products, services shall be determined by arbitration, in Mumbai, Maharashtra, in accordance with LegalRise Arbitration Rules of LegalRise Institution. A Sole Arbitrator shall be appointed by the Institution and the language of the arbitration shall be English.
• All disputes under these Terms and Conditions shall be referred to institutional arbitration as per Arbitration & Conciliation Act, 1996 and shall not be subject to any Court proceedings.
• For any queries, feedback, or suggestions on our Products, Services and these Terms and Conditions, you can contact The EMI Club Customer Care at:
Number: +91 91677 62227
Email ID: admin@theemiclub.com