We want you to fully understand the terms and conditions of using TenB Fintech Private Limited’s (“Company” or “we” or “our” or “ us”) website www.proHomeLoan.in and its mobile applications (together “proHomeLoan.in Platform”) and the associated services, media, materials, and other information. This Terms of Use (this “TOU”) is a legal contract between the users (either an individual or entity) (“User” or “Users” or “you” or “your” or “yourself”) and the Company, for the use of the proHomeLoan.in Platform and the content that is being posted on the proHomeLoan.in Platform (“proHomeLoan.in Platform Content”). The TOU shall be read in conjunction with the Privacy Policy (Privacy Policy). If you are a channel partner who is partnering with us, then the terms and conditions (“Channel Partner T&Cs”) available at [T&C] will also be applicable to you. proHomeLoan.in is engaged in the business of simplifying distribution of lending products using technology via the proHomeLoan.in Platform (“Services”) for its Users. By using or accessing the proHomeLoan.in Platform, you agree to be bound by the terms of this TOU including any updates or modifications thereof.
The proHomeLoan.in Platform is intended for individuals 18 (Eighteen) years of age or older. By using or accessing the proHomeLoan.in Platform, you represent and warrant that you are at least 18 (Eighteen) years of age and competent to contract in India. If you are not at least 18 (Eighteen) years of age or do not agree with the terms of this TOU, do not use, or access the proHomeLoan.in Platform.
This TOU is published in accordance, inter alia, with the provisions of the Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy, and the terms of use on the online portal.
1. proHomeLoan.in Platform Content
1.1 The proHomeLoan.in Platform provides access to information primarily about certain financial products/services, aiming to facilitate processes such as obtaining loan facilities in simplified steps. Additionally, we may offer ancillary services, including credit check services and accessing your information through third-party sites like the websites and platforms of crediting information companies, provided on a commercially reasonable effort basis. Your participation in availing Services, including ancillary services, offered by us, is entirely voluntary and by continuing to use our proHomeLoan.in Platform, you are acknowledging acceptance of the TOU, including any updates or modifications thereof. Further, you understand and agree that proHomeLoan.in will not be liable for any incorrect information/defect in services provided by such third-party websites and/or for their ancillary services.
1.2 You authorize us to share your information including your personal information with third parties for joint marketing purposes, offering various services, report generations, and providing value-added services associated with the selected services or otherwise.
1.3 You consent to receive communications including but not limited to via email, telephone, WhatsApp message, SMS and/or any other means from us or our third-party vendors/business partners/marketing affiliates regarding service updates, information/promotional emails, and/or product announcements, even if your mobile number is registered under the Do Not Disturb (DND)/National Customer Preference Register (NCPR) list under TRAI regulations.
1.4 You authorize us to share/disclose your information with any third-party service provider or authorized agents for communication and service provision purposes. We will retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce agreements entered for providing Services and ancillary services.
2. Right to Use
2.1 You acknowledge and agree that the Company owns all legal rights, title, and interest in and to the proHomeLoan.in Platform and the Services, including any intellectual property rights that exist in the proHomeLoan.in Platform and the Services, whether those rights are registered or not. Additionally, you recognize that the proHomeLoan.in Platform and the Services may contain Confidential Information designated by the Company, and you agree not to disclose such information without the Company’s prior written consent.
2.2 The Company grants you a limited license to access and utilize the proHomeLoan.in Platform, the Services, and ancillary services. However, this license does not extend to downloading or copying any information for the benefit of another individual, vendor, or any other third party. Furthermore, you are prohibited from creating derivative works, modifying, reverse engineering, reverse assembling, or attempting to discover any source code related to the proHomeLoan.in Platform and/or the Services. Any unauthorized use by you will result in the termination of the permission or license granted to you.
2.3 We do not commit to ensuring that the proHomeLoan.in Platform will be available at any particular time.
2.4 While we shall make best endeavours to ensure the proper functioning of the proHomeLoan.in Portal, you shall not hold us liable for any loss or inconvenience suffered due to the unavailability of features or Services provided on the proHomeLoan.in Portal.
3. Ownership of Licensed Materials and Restrictions
3.1 The technical documentation and other related materials relating to the proHomeLoan.in Platform and Services (“Licensed Materials”) are proprietary to the Company and are protected under Copyright law. All right, title, and interest in and to the Licensed Materials, including all revisions, updates, and enhancements thereof, are and will at all times remain with the Company. This TOU does not convey to you any interest in or to the Licensed Materials, but only a limited right of use, revocable in accordance with the terms of this TOU.
3.2 The Source code for the proHomeLoan.in Platform is the intellectual property of proHomeLoan.in. This TOU doesn’t provide any rights of access of the source code to you.
4. User Conduct
4.1 You agree that you will not host, display, upload, modify, publish, transmit, update or share any information or indulge in any activities that:
- Impersonates any person or entity or misrepresents your affiliation with any person or entity.
- Accesses another user's account without authorization.
- Infringes the intellectual property rights of the Company or any third-party.
- Damages, circumvents, disables, or interferes with the security features of the proHomeLoan.in Platform.
- Disassembles, decompiles, or reverse engineers the proHomeLoan.in Platform or any part thereof.
- Uses data mining, robots, or similar data gathering tools.
- Transmits any defamatory, obscene, pornographic, hateful, or otherwise unlawful content.
- Provides false, inaccurate, or misleading information.
- Violates any restrictions in any robot exclusion headers or bypasses other measures to prevent or limit access.
- Imposes an unreasonable load on our infrastructure.
- Frames, mirrors, or incorporates any part of the proHomeLoan.in Platform into any other platform without our authorization.
4.2 You acknowledge that if you breach any term of this TOU, the Company shall have the right to suspend or terminate your access to the proHomeLoan.in Platform and its Services.
4.3 We reserve the right, but have no obligation, to monitor materials posted on the platform and to remove any content that violates applicable laws or this TOU.
5. Responsibility for Your Content and Communications
You bear sole responsibility for any information you submit on the proHomeLoan.in Platform. The Company reserves the right to delete any such content at any time without notice and to deny access to anyone believed to have violated these terms. We may investigate and pursue legal action against users for violations of this TOU, including intellectual property rights infringement and security issues, to the fullest extent permitted by law.
6. Privacy Policy
By using the proHomeLoan.in Platform, you hereby consent to the use of your information as we have outlined in our Privacy Policy. This Privacy Policy explains how the Company treats your personal information when you access the platform and use our Services.
7. Your Registration/Account
7.1 By registering with us, you confirm that you are of legal age to form a binding contract. You agree to use the platform only for lawful purposes for yourself or another person for whom you are legally authorized to act.
7.2 You are solely responsible for maintaining the confidentiality of your password and Login ID. We strongly recommend that you log out from your account at the end of each session and notify us immediately of any unauthorized use.
7.3 You agree to provide true, accurate, current, and complete information about yourself and to keep your Registration Information updated at all times.
8. Data and Privacy
You acknowledge that data hosted online involves a risk of unauthorized use and disclosure. The Company does not provide any guarantee against such unauthorized actions. In the event of data loss due to unforeseeable events beyond our control, we shall not bear any liability.
9. User Due Diligence Requirements (KYC)
9.1 For any financial transaction, our Company may implement User Due Diligence measures and request mandatory information for Know Your Customer (KYC) purposes.
9.2 We reserve the right to obtain sufficient information to establish the identity of each user and may undertake enhanced due diligence measures to comply with the Prevention of Money-Laundering Act, 2002 and other applicable laws.
10. Submitted Content
10.1 The Company claims no ownership rights over any content you provide. However, by sharing content, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free license to use, copy, distribute, and modify such content as part of our Services.
10.2 You agree not to post any content that is unlawful, harmful, abusive, defamatory, or infringes on any third-party rights. We reserve the right, but are not obligated, to reject or remove any information that violates these provisions.
10.3 You are fully responsible for the content you submit and are prohibited from posting any commercial material or content that infringes on any copyright, trademark, or patent right of any third party.
11. Limitation of Liability
11.1 You expressly agree that the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, resulting from the use or inability to use any component of the proHomeLoan.in Platform.
11.2 If the Company is found liable for any proven loss, our liability shall be restricted to any service/transactional fees paid by you to the Company, if applicable. If no fees are paid, the liability will be limited to INR 100.
12. Third-Party Links
The proHomeLoan.in Platform may contain links to third-party websites. The Company does not endorse or assume any responsibility for these sites. If you access a third-party website, you do so at your own risk, and you understand that our TOU and Privacy Policy do not apply.
13. Disclaimer of Warranty
13.1 Your use of the proHomeLoan.in Platform and Services is solely at your own risk. They are provided on an "as is" and "as available" basis. The Company makes no representations or warranties regarding the accuracy, reliability, or completeness of the content.
13.2 The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, and employees from any liabilities, claims, damages, or expenses arising out of your breach of this TOU or your violation of any applicable laws.
15. Intellectual Property Rights
15.1 The Company shall retain sole and exclusive ownership of all rights, titles, and interests in all intellectual property on the Platform. Except for the limited rights granted under this TOU, nothing herein grants any license or right to you in the intellectual property of the Company.
15.2 The Company reserves all rights not expressly granted to you under this TOU.
16. Term and Termination
16.1 This TOU shall remain operative as long as you continue to use the proHomeLoan.in Platform.
16.2 You may terminate this TOU at any time by discontinuing your use of the platform and communicating this in writing to the Company.
16.3 The Company may terminate your access at any time, with or without cause, where cause means a breach of any term of this TOU.
17. Applicable Law
You agree that this TOU will be governed by the laws of India. The courts at Gurugram shall have exclusive jurisdiction over any disputes arising out of or in relation to this TOU.
18. Force Majeure
The Company will be excused from the performance of its obligations if prevented by causes beyond its reasonable control, including but not limited to fire, flood, epidemic, war, acts of terrorism, or any failure of the internet or communication systems.
19. Fees and Charges
19.1 You agree to pay any fees to the Company as may be separately agreed between you and the Company for the Services provided.
19.2 Applicable taxes on any fees shall be borne by you.
19.3 If you fail to pay any amount within seven (7) days from the due date, the Company has the right to suspend or terminate your access to the proHomeLoan.in Platform and its Services.
20. Amendment
The Company reserves the right to amend this TOU and other policies at any time. Your continued use of the platform following the posting of any changes constitutes your acceptance of those changes.
21. Interpretation
The Company shall have the exclusive right to interpret this TOU and other policies, including any future amendments.
22. Miscellaneous Provisions
22.1 This TOU constitutes the entire agreement between the parties relating to the subject matter hereof. If any provision is ruled invalid or unenforceable, it will be deemed amended to the minimum extent necessary to render it valid.
22.2 No failure or delay by any party in exercising any right will operate as a waiver thereof.
22.3 The Company and you are and intend to remain independent parties. Nothing in this TOU will be deemed to create a relationship of principal and agent, partnership, or joint venture.
23. Notices
23.1 Any notices or communications required hereunder shall be sent to the email address specified during your registration.
23.2 A notice is deemed effective upon acknowledgment by the other party, or after 15 business days if no acknowledgment is received.