USER AGREEMENT
1. INTRODUCTION
This User Agreement is published to inform the users of the Platform (defined below) and our Services (defined below) regarding the terms and conditions of use of our Platform / Services. This User Agreement is also prepared in accordance with the requirements of applicable laws.
By browsing and using this Platform (defined below) and availing of the Services (defined below) it is deemed that you have consented to the terms and conditions set out herein and are bound by the terms and conditions set out herein and upon your acceptance, this User Agreement shall be effective and binding upon you and you shall not claim invalidity of this User Agreement merely on the grounds that this agreement is being concluded electronically. You hereby further agree that this User Agreement is being concluded and executed at the National Capital Territory of Delhi.
All users are requested to carefully read the terms and conditions set out herein for using and availing our Services on the Platform which is owned and operated by Lord Fincap Limited (“LFL”) having its office at Upper Ground Floor, HS-33, Kailash Colony Market, New Delhi – 110048, and having GST No: 07AAACL2326F1ZY.
In this policy, the term ‘Platform’ refers to Lord Fincap Limited and the Rockett App as well as any other related products and services that refer or link to this User Agreement; the terms ‘we’ or ‘our’ or ‘us’ refer to LFL, the company owning and managing the Platform; and the term ‘you’ or ‘your’ refers to the user who uses our Platform or avails our Services or creates an account on our Platform for himself / herself or is validly authorised on behalf of any other person (whether natural person or legal entity) to use and access our Platform for benefit of such other person. In the event you are accessing or using this Platform on behalf of some other person, we shall assume that you are duly authorised by such person. In the event you do not have sufficient authorisation to share such information with us, you shall be solely responsible for your acts and omissions. Only persons who can enter into a legally binding contract under the Indian Contract Act, 1872 can use the Platform and/or transact on the Platform. Persons below the age of 18 years are not permitted to use or register for the Services.
You agree and confirm that you are competent to enter into this agreement and agree to give us the right to terminate this User Agreement if it comes to our notice that you do not have adequate authority and capacity to enter into this User Agreement. We also reserve the right to block you or disable your account if we believe in our sole discretion that you have breached the terms and conditions of this User Agreement.
2. SERVICE RELATED
The Platform acts as a tech platform to offer you with the following:
A. Facilitate purchase of your electric vehicle
We connect with you with our OEM partners and dealers to assist you to purchase an electric vehicle (“EV“) of your choice.
Any indication and estimates given regarding battery saving, fuel saving or any other data relating to the EV is solely an estimate and is prepared on ‘as is’ basis and is provided basis inputs and data from our OEM partners and dealers. The decision to purchase the EV shall be solely yours and we shall in no manner whatsoever, be liable for the same. You are advised to read the terms and conditions relating to purchase of the EV carefully and the transaction to purchase the EV is solely between you and our OEM partners and dealers and we are not liable in any manner whatsoever for any issues arising on account of your transactions undertaken with our OEM partners and dealers.
B. Sharing of employment gigs with you
We are a technology enabled platform enabling you to connect with various employers for employment opportunities and gigs. Our arrangement with each of the employer partner is on a principal to principal basis and at no point of time should we be considered as a contractor under the Contract Labour (Regulation and Abolition) Act, 1970 or any other applicable laws and we shall in no case whatsoever be liable to pay any salary, employee benefits or other dues to you for any employment opportunities availed through the Platform.
C. Loan Related
You are advised to read the terms and conditions relating to the vehicle loan offered on our Platform for purchase of the EV carefully. Our team is there to assist you in any queries or questions you may have in relation to the same. You will be required to sign loan agreement, security documents and other ancillary documents in relation to the vehicle loan which you must carefully understand and read since these documents will be binding in nature.
3. DISCLAIMERS
While we take all reasonable care in preparing and updating the information on this Platform including information in relation to the Services and endeavour to be as accurate as possible, we and our Associates (defined below) do not represent or warrant (either express or implied) the merchantability, any claims or expected results or benefits stated in respect of the Services, security of our Services, availability of our Service at a particular time or location, or completion of any allied services in respect of the Services. We and our associates are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages including the damages for loss of profits, goodwill, data, or any other loss associated with the use of the Platform, its Services, or this agreement or from availing any financial products through our Platform. You acknowledge and accept that the Platform’s content and such Service related information provided to you (including through offline mode) may include errors. We do not provide any financial advice or any other professional advice. The decision to obtain a loan and other features on our Platform is solely the prerogative of the User and we shall in no manner be responsible or liable for loans / financial products obtained using our Platform.
You further acknowledge and accept that you shall use this Platform, the Services on the Platform, and the allied services, solely at your own risk and the content provided on this Platform is on “as is” and “with all faults” basis. To the extent permissible under applicable laws, we and our Associates (which is defined to mean our affiliates, associates, employees, officers, directors, advisors, licensors, or any other person acting on our behalf) disclaim all liability (including special, indirect or consequential loss) for loss directly or indirectly arising from: (i) your use of, or reliance on, the Platform or the Platform’s content or the usage of the Service; (ii) unauthorised use or access to our servers; (iii) interruption or cessation of transmission to or from our server. Nothing contained on this Platform shall be relied upon as a promise or representation as merchantability, fitness, or efficiency of Services.
We shall also not be responsible in case of “phishing” or similar fraudulent scams. In order to mitigate the chances of such scams, ensure you are visiting the authorised url of our Platform; you check for affiliation of officers with us; you don’t share your password with anyone; and ensure that emails you receive are from the domain name @lordfincap.com.
We provide no guarantee that access to the Platform will be available or that the Platform is free from viruses or anything else which may damage any computer which accesses the Platform. We may, from time to time, restrict access to any part or whole of the Platform in our discretion for any reason whatsoever including to prevent the spread of virus or security breach or in case of non-compliance with the terms of this User Agreement by you or any other person. Any content downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any dam
age to your computer or other electronic system or loss of data that results from the download of any such content.
4. NON-EXCLUSIVE LICENSE
We and / or our licensors own the intellectual property rights in the Platform and Services offered on the Platform. You are granted only a non-exclusive, limited, and non-transferable right to access and view the content of this Platform in accordance with the terms and conditions mentioned herein.
You are not permitted to copy, sell, modify, duplicate, re-sell or distribute or otherwise deal with the content on the Platform or the Services. Nothing contained in this User Agreement shall be interpreted to give you the license to use our trademarks and tradenames in any manner whatsoever.
By providing information with respect to availing the Services, posting any content, feedback, or reviews regarding our Products on the Platform or with our customer care team, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display and create derivative works on the basis of such content / feedback / reviews, in all forms of media, anywhere in the world, and in accordance with our privacy policy.
We do not have the ability to control the communications of users on our Platform in respect of its Services etc. and all feedback / reviews posted are purely based on an individual’s experience with our Services – we are not liable for any feedback / reviews posted by a user on our Platform which maybe relied by you for using our Platform. You are solely responsible for your interactions with other users of the Platform and any content you post or transmit on the Platform. We reserve the right, but have no obligation, to monitor interactions between and among users of the Platform and to remove any content that we may deem objectionable.
5. USAGE OF THE PLATFORM AND SERVICES
You agree to not use this Platform and the Services for any purpose that may, in any way, give rise to any liability for us or constitute a criminal offence.
You agree to not use this Platform and its content, including to post comments or to give feedback. in any manner that is: (i) unlawful, fraudulent, harassing, abusive, harmful, libellous, threatening, vulgar, obscene and otherwise objectionable material; or (ii) for gaining access to restricted parts of this Platform or any other computers or computer servers of other users, third parties; or (iii) for violating other users’ or third parties’ privacy; or (iv) disabling or avoiding any security device or attempting to probe or test the vulnerability of a system or network or interfering with the computer network by way of sending viruses etc.); (v) attempting to interfere with service to any other user, host or network, including without limitation, via means of submitting a virus to the Platform, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing’ or ‘crashing’; (vi) sending unsolicited e-mail, including promotion of products or services; (vii) forging any TCP or IP packet header or any part of the header information in an email or posting.
Further, you shall not, either directly or indirectly: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (ii) access the Platform in order to build a similar or competitive service; (iii) copy, reproduce, distribute, republish, download, displayed, post or transmit in any form or by any means, any content of the Platform (iv) use the Platform in any way that causes, or may cause, damage to us, the Platform, its users or impair the availability or accessibility of the Platform in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (v) use the Platform for any unauthorized purpose, or in violation of any applicable law or the User Agreement; (vi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another user’s account, or private information from any user; (vii) infringe upon our intellectual property rights or similar rights of any third party; (viii) post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Platform; (ix) use any robot, spider, scraper, sniping software or other automated means to access the Platform for any purpose; (x) attempt to or to decipher, decompile, disassemble or reverse engineer any part of the Platform; (xi) framing or hotlinking or deep linking any content on the Platform; (xii) do anything that is detrimental to us or the Platform or is not in accordance with the legitimate objectives of this Platform.
You agree to not abet and encourage any person to do any of the actions stated above.
The Platform and its content are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to their respective laws.
You also agree to provide accurate and complete information about yourself while signing up on the Platform to avail the financial products. You are solely responsible to provide true and accurate information about yourself as required from you while determining your eligibility to avail of a loan and during the entire lending lifecycle and creating your account on the Platform. If you provide any information that is untrue or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to believe that such information is untrue or incomplete, we have the right to suspend or terminate your account and refuse further access to our Platform, in addition to any other actions that we may take against you under law or any non disbursement/ refusal of giving loan or any other action taken by our Lending Partners on account of incorrect information or misrepresentation or fraud committed by you. You acknowledge that we have the right to investigate any occurrences of breach of this agreement by the user and to communicate if any criminal liability arises out of such breach, the information to respective authorities.
6. PRIVACY POLICY
Please access our privacy policy here. The privacy policy shall be deemed to form an integral part of this User Agreement by reference. By consenting to the terms of this User Agreement, you agree to be bound by the terms of the privacy policy as well.
References on this Platform to any names, or services of third parties, hypertext links to third-party Platforms or information or content provided by third parties, 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, its information, materials or services. We are not responsible for the practices or policies of such third parties. If you decide to visit the Platforms of any such third-party sites, you do so entirely at your own risk.
When you access and use the Platform, you may also be using the services of one or more of our affiliates or third-party service providers (e.g. GooglePlay, Apple iPhone Store, Windows Store etc.). The use of these services by you shall be subject to specific documentation agreed with such parties, and you hereby explicitly agree to comply with same.
Provisions relating to shipping, delivery, return, refund, exchange, cancellation, and policy on payments / repayments are not applicable to us in light of the nature of the Services provided by us.
7. GOVERNING LAW AND JURISDICTION
This agreement is governed by the laws of India and subject to the paragraph below, courts in New Delhi
, India will have jurisdiction.
Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claims/or differences which are not being amicably resolved, such disputes shall be referred to arbitration wherein each party shall appoint one arbitrator who shall then jointly appoint the third arbitrator. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made there under. The seat and place of arbitration shall be New Delhi, India.
8. SEVERABILITY
If any provision of this User Agreement is determined to be void or unenforceable under applicable laws, such provisions shall be deemed amended or deleted to the extent necessary to conform to applicable laws, and the remaining provisions of this User Agreement shall remain valid and enforceable as applicable at the time of its execution.
9. INDEMNITY
You hereby covenant to indemnify us and our Associates from all damages, liabilities, demands, costs, expenses, claims, actions, and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation)) arising due to breach of this User Agreement by you or any person acting on your behalf or on account of violation of applicable laws. This clause will survive the termination of this Agreement.
10. FORCE MAJEURE:
We will not be deemed to be in default or delay in the performance of our obligations under this Agreement on account of an act of god such as earthquake, storm, natural disaster, floods, or technological disruptions etc., war, terrorism, armed conflict, labour strike, lockout, lockdowns including on account of covid-19 pandemic, any acts of nature labour disputes, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control.
11. TERMINATION
This User Agreement can be terminated by us, at any point in time, thus ending the relationship formed via this agreement, with or without a cause or notice. Once the User Agreement is terminated by us, your access to the Platform shall cease.
We shall not be liable for the termination of this User Agreement or termination of services, to any user or any third party. It is not mandatory for us to explain to the user why their agreement was terminated but the causes could include any order from the government or the court, user’s breach of terms specified in this agreement.
However, in case of termination of this User Agreement, any loans sanctioned to you by the Lending Partner shall continue to subsist and be governed as per the Loan Documents and the termination of our Services shall have no impact whatsoever on the same. However, you may not be able to use the App and features of our App in case of termination of this Agreement.
12. AMENDMENTS
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the User Agreement, at any time without any prior written notice to you. The updated User Agreement shall be posted on the Platform so that it is always available to you; however, in case of substantial changes to this User Agreement, we shall notify you in accordance with applicable laws through your email id/phone number provided to us.
13. ASSIGNMENT
You may not assign or otherwise transfer your rights or obligations under this Agreement. LFL may assign its rights and duties under this Agreement without any such assignment being considered a change to the terms and conditions and without any notice to you. If we fail to act on your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
14. CONTACT US
For any feedback, comments or questions, please contact us at:
Customer Care Service
Phone number (mobile / landline): 011-41632058/59
Email id: info@lordfincap.com
Timings: 10 am to 5 pm
You will be able to track the complaint made by a number that will be provided to you for the complaint lodged.
In the event of any disputes or grievances, you may write to our nodal grievance redressal officer, Varun Sharma at the following details:
Email id: varunsharma@lordfincap.com
Phone number (mobile/landline): 9873296164
The nodal grievance redressal officer shall take cognizance of the matter and undertake steps to resolve the matter in accordance with the provisions of applicable laws.
We reserve the right to remove, modify or edit any comments or feedback that is given on the Platform at our sole discretion if it is abusive, harmful, libellous, unlawful, or violates the intellectual property of us or a third party, or any form of spam.
Unless specified otherwise, this user agreement constitutes the entire agreement between you and us regarding the Platform, our products, and Services, and supersedes any and all prior communication and proposals between you and us.