- General
The below mentioned terms of use are applicable on any user/visitor (the “User”) using Mihuru Platforms as offered Company as defined here in below.
Before you use Mihuru, you must read and accept all of the terms and conditions in, and linked to, this Terms of Use and the Privacy Policy. We strongly recommend that, as you read this Terms of Use, you also access and read the linked information, since it is incorporated into and, hereby, made part of this Terms of Use. As a user, these Terms of Use govern your access to and use of the services, websites, and applications offered by Mihuru. Your access to and use of the Service offered by the Company is conditioned on your acceptance of and compliance with the Terms of Use and conditions mentioned below. Use of any functionality of Mihuru or any other website and applications offered by the Company constitutes acceptance of this Terms of Use. If this Terms of Use conflicts with any other documents, the Terms of Use will control for the purpose of usage of Mihuru. If you do not agree to be bound by this Terms of Use and the Privacy Policy, you cannot use Mihuru in any way. Ensure that you return to this page periodically to review the updated Terms of Use. The Company reserves the right, at any time and at their sole discretion, to change or otherwise modify the Terms of Use without prior notice.
- Definitions
"Application or App." shall mean Mihuru, the mobile and/or website application created, developed and designed by the Company for providing the Services.
"Lender" shall mean non-banking financial company or banks with whom the Company has tied up for loan sanction, which would sanction, process and grant the Loan to the User(s), through the Platform.
"Company" or "we" or “Mihuru” shall mean iTraveleo Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at 5th Floor, Amit Industrial Estate, Dr SS Rao Marg, Best Colony, Parel, Mumbai, Maharashtra 400012.
"Customer(s)" or "you" or " Users" shall mean any natural or legal person who accesses, downloads, uses, views the Mihuru Platforms and the Services.
"Loan" shall mean the loan that you may apply for through Mihuru Platforms and which is sanctioned and granted by Lender, subject to the applicable terms and conditions of the Loan Agreement.
"Loan Agreement" shall mean the loan agreement to be executed between Lender and the User(s) for granting the Loan whether in physical or electronic form as may be applicable from time-to-time.
"Online Stores" shall mean Windows Store, Android Google Play, iOS App store or any other online store or portal where the App will be made available by the Company to the Users, from time to time.
"Outstanding Amount(s)" shall mean the Loan, interests and charges due and payable by you to Lender, on respective due date(s).
"Mihuru Platforms" shall mean the App and the Website and other platforms collectively.
"Services" shall mean the services of granting, sanctioning, lending of short term loans, through the Mihuru Platforms by Lender.
"Third Party Platforms" shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms.
"User Data" shall mean any data, information, documents or materials submitted with the Company prior to or during the use of the Services.
"Website" shall mean www.mihuru.com, which inclusive of its all its affiliated domains and various other sub-domains and country sites, managed and operated by the Company for the provision of Services.
- Services
Through the Services, you may apply for the Loan, subject to the fulfilment of the eligibility criteria laid down in the App. You understand that the Company has been appointed by Lender to collect, authenticate, track your location, verify and confirm the User Data, documents and details as may be required by Lender to sanction the Loan. Lender authorizes the Company to collect and store the User Data through the application form ("Application Form") available on Mihuru Platforms. In order to avail the Services, you are required to register with the Company by logging in using your email address and mobile number and through your Third Party Platforms (“User Account”). During the Application process, you shall be required to share and upload the User Data on the Application Form. User Data shall include personal information including but not limited to your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS and browsing history, data and login-in credentials of Third Party Platforms, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details ("Personal Information"). You agree that the Personal Information shall always be accurate, correct and complete. As part of the Services, you authorize us to import your details and Personal Information dispersed over Third Party Platforms. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from Third Party Platforms.
All transactions undertaken on your behalf by the Company will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis. You also authorise the Company to get your credit information report from one or more Credit Information Companies as decided by the Company from time to time.Once you verify and upload the User Data and/or other documents and details in the Application Form, the Company shall process the same. Upon the completion of the document verification by the Company, the Loan may be sanctioned by Lender to you, subject to fitting eligibility criteria and other conditions set forth by Lender for sanctioning the Loan. Thereafter, you are required to fill and upload the ECS/NACH mandate form/Cheque or any other document as may be required by Lender . The Company may collect the physical documents including signatures on those documents required for sanctioning and processing the Loan. Upon the collection of documents by the Company, Lender shall disburse the Loan for your chosen product to Mihuru and/or Mihuru’s partners subject to the terms and conditions of the Loan Agreement.
The sanctioned Loan shall be disbursed as per the mode provided in the Application Form. You are required to repay the Outstanding Amount(s) to Lender, on the respective due date(s) mentioned in the Application Form.
You understand and acknowledge that the Company reserves the right to track your location ("Track") during the provision of Services, and also in the event that you stop, cease, discontinue to use or avail the Services, through deletion or uninstallation of Mobile App or otherwise, till the event that your obligations to pay the Outstanding Amount(s) to Lender exist. Deletion, uninstallation, discontinuation of our Services, shall not release you from the responsibility, obligation and liability to repay the Outstanding Amount(s).
You understand and acknowledge that you shall be solely responsible for all the activities that occur under your User Account while availing the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services. By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.
You understand and acknowledge that, you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run Mihuru Platforms. Mihuru Platform’s operation or the Services on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.
The User Data provided during the registration is stored by the Company for your convenience. You are not required to log-in to your User Account, every time, to use or access the Platform. You understand and acknowledge that by accepting these Terms, you authorize us to Track, fetch and use the User Data, including but not limited to your Personal Information, for the purpose of authentication and any updates with regards to your credentials.
- Use of Service
You may only use Mihuru and Mihuru Platforms, for legitimate purposes in compliance these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive license to download, access and use Mihuru and/or Mihuru Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:
- use Mihuru and/or Mihuru Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Mihuru;
- use Mihuru and/or Mihuru Platforms for any commercial purpose or in any manner which may cause damage to Mihuru or bring Mihuru into disrepute;
- disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via Mihuru and/or Mihuru Platforms, except as permitted by law;
- copy, distribute, communicate to the public, sell, rent, lend or otherwise use Mihuru and/or Mihuru Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of Mihuru and/or Mihuru Platforms;
- use or interfere with Mihuru and/or Mihuru Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- introduce onto, or transmit via, Mihuru and/or Mihuru Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;
- remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on Mihuru and/or Mihuru Platforms or pass off or attempt to pass off Mihuru and/or Mihuru Platforms as the product of anyone other than Mihuru;
- use any automated computer program or application to scan, copy, index, sort or otherwise exploit Mihuru and/or Mihuru Platforms or any part thereof.
When you sign up to any feature of, or use, Mihuru and/or Mihuru Platforms that requires the use of a log-in account or password, you must provide us accurate information, including your real name. Also, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can. Mihuru will not be liable for any loss or damage arising from your failure to comply with this instruction.
Mihuru and Mihuru Platforms are not intended for those under 18 years of age, and no one under the age of 18 may provide any information to, on or via Mihuru and/or Mihuru Platforms. We do not knowingly collect personal information from those under the age of 18, and if we learn that we have collected or received personal information from someone under the age of 18, we will delete that information in accordance with our Privacy Policy.
To the extent that any element of Mihuru Services and/or Mihuru Platforms is hosted on a third-party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third-party website, you agree to fully comply with such terms and conditions.
Mihuru is free to change the Service, stop the Service or any feature of the Service, create usage limits for the Service at any given point in time, to you or to users at large without giving any prior notice/notification.
Violation of any of the Terms of Use or the Privacy Policy or any other terms used to avail of the Services listed on this Site shall provide the right to the Company to delete the User’s account or information and prohibit and ban him/her from using or accessing the Site or any of the services listed on the Site, without any sufficient cause or notice.
- Products
Mihuru facilitates access to credit from its lending partners to enable Users to purchase travel through Mihuru’s partners or other identified third parties.
‘Pay in instalments until you fly’
Users make an upfront payment toward the cost of the flight ticket, holiday package or hotel and then the pay our lending partner the remaining balance in EMIs prior to taking their trip. Once the payments are made in full, Mihuru will provide you with the airline e-ticket or travel booking vouchers. By confirming your booking through this product, you instruct us to book flight tickets, hotels or holiday package on your behalf and you hereby authorize Mihuru to do so.
Travel Loans:
Users make an upfront payment toward the cost of the flight ticket, holiday package or hotel and then the pay our lending partner the remaining balance in EMIs. Once any EMIs due prior to your travel date are paid in full, Mihuru will provide you with the airline e-ticket or travel booking vouchers. By confirming your booking through Mihuru Travel Loans, you instruct us to book flight tickets, hotels or holiday package on your behalf and you hereby authorize Mihuru to do so.
The Company is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as flights, hotels or holiday packages) which you may search for, find on and/or book via the Site or Mihuru Platforms (“Third Party Travel Products”). All such Third-Party Travel Products are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.
5.1 Booking:
By paying a fraction of the cost upfront, you can be rest assured that your travel has been booked. Your flight ticket, holiday package and/or hotel voucher (as the case may be) will be released to you after you have paid all instalments on or before the due date specified in your EMI plan.
Failure to pay all EMIs before the date of departure will result in your travel booking being cancelled. In the event of failure to make pay all EMI, the processing fee paid will not be refunded or transferred to a new booking under any circumstance. Any payments made towards the EMIs (after deducting the airline’s cancellation charges and booking agent cancellation charges, if any) will be added into your Mihuru wallet which can be redeemed against travel bookings via loans from Mihuru’s lending partners in future. The User may opt to request a refund of the amount instead of a credit if he so desires and should request for such credit on an email sent tosupport@mihuru.com. If the travel provider’s cancellation charges exceed the payments made, the User will have to pay for the excess amount.
5.2 Changes and Cancellation:
Once the upfront cost has been paid, any change to your travel itinerary (including travel dates, routes, cancellations) will incur change or cancellation penalties as outlined by the travel agent’s policy and booking agent’s policy, if applicable. The processing fees paid is non-refundable and may not be transferred to a new booking under any circumstance. Any payments made towards the instalments (after deducting the travel provider’s cancellation charges and booking agent cancellation charges, if any) will be added into your Mihuru wallet which can be redeemed against travel bookings via loans from Mihuru’s lending partners in future. The user may opt to request a refund of the amount instead of a credit if he so desires and should request for such credit on an email sent tosupport@mihuru.com. If the airline’s cancellation charges exceed the payments made, the user will have to pay for the excess amount.
5.3 Payment:
You must pay all the instalments outlined in your EMI plan on or before their due date. Until we receive all the instalments due prior to your date of travel, we are not obliged to give you your flight tickets or holiday package and/or hotel voucher. We send you payment reminders days before the scheduled dates.
5.4 Completion of Services:
After you have paid all EMIs as per your payment plans, our Services to you would be considered to be completed. In case your travel is not yet completed, for any changes or cancellations thereafter, you will have to get directly get in touch with the airline and/or the booking agent, as applicable.
5.5 Air Ticket / Travel Voucher Delivery:
We will deliver your air tickets, holiday package and/or hotel vouchers once all EMIs due before your travel date have been paid as per your EMI plan, to the email address provided. We are not liable for faulty delivery or non-delivery of your air tickets, holiday package and/or hotel vouchers if caused by circumstances on your part such as entering a wrong email address or your email settings. In case of any changes in your contact information that may affect our ability to deliver ordered tickets / vouchers to you, you must notify us. We do not deliver air tickets or vouchers in paper form.
5.6 Extra Charges:
The airline you’ve booked your tickets with may apply extra charges for accessory services such as preferred seating, refreshments, or entertainment. These services are optional, and not included in the flight price displayed on our website. If you wish to avail these services offered by the airline, you will have to inform us prior to completing your booking and any additional charge for these services will have to be borne by you. If you wish to avail any of these services offered by the airline after you have completed your booking or fully paid your installments, you will have to deal directly with the selected airline.
5.6 Offered Flights:
We display a range of flights on our website that you may book using our visual discovery tool. If the conditions of carriage are changed by the selected airline, during the provision of our Services to you, we will notify you accordingly and make an effort to offer you alternative flight options.
- Sharing information with us
We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that, any personally identifiable information, which you submit to or via the Site and/or Mihuru Platforms may be used by us in accordance with our Privacy Policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms of Use and with ourPrivacy Policy.
To the extent that Mihuru and/or Mihuru Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Mihuru or other Mihuru users (“User Content”), you agree that:
7.1 You are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of;
7.2 although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant the Company and its group companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing Mihuru and/or Mihuru Platforms;
7.3 we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
- Data Collection and Use
We record information relating to your use of Mihuru and Mihuru Platforms such as the searches you undertake, the pages you view, your browser type, IP address, location, requested URL, referring URL, and timestamp information. We use this type of information to administer Mihuru and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of Mihuru. You cannot be identified from this aggregate information.
The Site automatically collects non-personally identifiable information using the Sites' Cookies to monitor visitors’ usage patterns and information. The only information the Site may collect from a normal visit is the IP address, domain name, browser and type of machine used, referring websites, downloaded files, requested pages and time and date of those requests to alert the User of compatibility issues or for improving the web design and functionality of the Site as well as to monitor how many new visitors used the Site. The Site does not recognize the identity of a User based on the numerical identity. The Cookies do not contain personal information about the visitors and none of the cookies are used to record the personal information about the Users.
For the sake of clarity "Cookies" are alphanumeric identifiers that a web server transfers to the visitors local computer, and then later their browser presents this information to the web server.
By using this website, you shall grant unconditional access to us for obtaining all information stored on your device including but not restricted to mobile text data, applications, contact information, call durations, etc.
- Intellectual Property
Except as set out elsewhere in these Terms of Use, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in Mihuru and Mihuru Platforms (together, the "Intellectual Property Rights") are owned by or licensed to the Company. You acknowledge that by using Mihuru and/or Mihuru Platforms, you will not acquire any right, title or interest in or to Mihuru and/or Mihuru Platforms or in or to the Intellectual Property Rights except for the limited license to use Mihuru and Mihuru Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of Mihuru and/or Mihuru Platforms in source-code form.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Mihuru or Mihuru Platforms or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use Mihuru logo or other proprietary graphic of Mihuru without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Mihuru or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Mihuru or any third party without the prior written permission of Mihuru or such other party that may own such patent, trademark, copyright or other proprietary right(s).
- Copyright Policy
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on Mihuru and/or Mihuru Platforms, please send a written notification of such infringement to the email address in the Contact Us section on our Site. Please provide us with the following information in accordance with the Copyright and Information Technology Acts of India: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
- Limitations and Exclusions of Liability
Mihuru is not a travel agent and is not responsible for providing any travel options displayed via Mihuru and/or Mihuru Platforms or for setting or controlling the prices we display. Any Third Party Travel Products, which you find and/or book via Mihuru and/or Mihuru Platforms are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”). Mihuru facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.
Mihuru has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of Mihuru and/or Mihuru Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via Mihuru, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Mihuru. Where Mihuru and/or Mihuru Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via Mihuru and/or Mihuru Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, Mihuru and/or Mihuru Platforms or any content contained provided therein.
Subject to these Terms of Use and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms of Use or your access to, use of, or inability to access or use, Mihuru and/or Mihuru Platforms shall be limited to the sum of ₹ 5,000 (Five Thousand Indian Rupees).
- Your liability to us
Subject to these Terms of Use, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of, or in any way connected with your use of Mihuru and/or Mihuru Platforms or breach of these Terms of Use.
- Indemnity
You access and use the Service or any Content available on Mihuru at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, the Company, Mihuru and its partners disclaim any warranties, expressed or implied, of merchantability, fitness for a particular purpose or non-infringement.
The User agrees to indemnify and hold the Company, its directors, employees, agents, officers, promoters, shareholders, predecessors, successors-in-interest, affiliates and assigns, harmless from any demands, losses, liabilities, damages, expenses and claims made against the Company by any third party arising out of or in connection but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Users obligations under this Terms of Use or out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement claims or breach of other rights. This provision of this clause shall survive the expiry or earlier termination of this Terms of Use whichever is earlier.
- Disclaimer
The information contained on the Service is for general information purposes only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company assumes no responsibility for any errors or omissions, or for the results obtained from the use of this information.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Service, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken by usage of Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
- Acceptance of Terms of Use
As a user of this Site, it is implicit that by logging on it you have read, understood and consented to abide by the terms of the disclaimer, Privacy Policy and the Terms of Use. The Terms of Use read with the Privacy Policy govern the usage of the Site and the platform. By using the Site, you signify that you have read, understood and are agreeing to these Terms of Use, regardless of whether you are a registered member of our services. Your continued access or use of this Site signifies your acceptance of the updated or modified Terms of Use. If you do not wish to agree to these Terms of Use, please refrain from using this Site.
By accessing the Site you agree that these Terms of Use constitute the entire agreement between us and you with respect to the Services provided by the Company and will supersede all other prior or contemporaneous communications and proposals between yourself and us. A printed version of these Terms of Use and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.
- Modification of Terms
The Company reserves the right, at all times, to discontinue or modify any of the Terms of Use as may be deemed necessary or desirable without prior notification. Such changes may include without limitation, the adding of certain fees or charges. Therefore, it is important that the user re-reads this important notice containing the Terms of Use, from time to time, in order to be informed as to such changes undertaken by the Company. Any changes to the Terms of Use and your continued use of our Site, is a deemed agreement to the Terms of Use and the Privacy Policy expressed thereto. Any such deletions or modifications shall be effective immediately upon its posting thereof. Use of the Site by the User after such modified notice shall be deemed to constitute acceptance by User, of such modified terms.
In the event there are significant changes in the Service, or in the Terms of Use itself, we may display a notice on the Website or send you an email informing you of such changes, so that you may review the changed terms prior to continuing to use the Site and our Services.
Using the Company’s Services or accessing the Site after a notice of changes has been sent to you or published on the Site will constitute your consent to the changed terms.
- Termination of Agreement
Mihuru may in its absolute discretion immediately terminate any agreement with you under these Terms of Use at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. We may suspend your use of Mihuru and/or Mihuru Platforms without notice at any time, without incurring any liability to you whatsoever.
- Applicable Laws and Jurisdiction
Usage of the Site and Mihuru Platforms, any the Terms of Use along with the Privacy Policy shall be governed by the applicable laws of India and shall be subjected to the exclusive jurisdiction of the Courts in Mumbai.
- Credit Information
18.1 All transactions undertaken on your behalf by Mihuru will be on the basis of your express instructions/prior approval and will be strictly on a non-discretionary basis.
18.2 The Service provided to you is based on your credit information report and credit rating maintained by various authorized Credit Information Companies (“CICs) in India and any other financial information that you may chose to provide to Mihuru or authorise / give consent to obtain from such CIC. If the information and details provided to Mihuru (by the concerned CICs or you) are incorrect or incomplete, it will adversely affect the quality of the Service. In addition, there are several unknown factors beyond the control of Mihuru that may impact the outcome of the Service. For instance, credit scores are calculated differently by the various credit information companies; banks and other lending institutions may have their own internal policies subject to which they accept settlement of delayed dues or offer financial assistance and therefore, it is impossible to predict how any one specific action that we may recommend will affect your credit rating or your ability to obtain financial assistance. Therefore, you hereby understand and acknowledge that the reports and analysis provided to you by Mihuru is based on Mihuru's commercially reasonable efforts and our past knowledge and experience, and Mihuru does not guarantee any outcome vis-à-vis your credit report or credit rating maintained by CICs nor do we guarantee that you will receive financial assistance from any bank or other credit institution. Individual results may vary based on several factors which are beyond the control of Mihuru. While we make commercially reasonable efforts to ensure that our analysis are comprehensive and will provide you with options to improve your credit rating and credit worthiness, it is not meant to be exhaustive or conclusive and errors may occur. In order to revoke your consent to fetch credit report please send an email on support@mihuru.com from your registered email address.
18.3 The Service provided to you is based on your credit information report and credit rating maintained by various authorized Credit Information Companies (“CICs) in India and any other financial information that you may chose to provide to Mihuru or authorise / give consent to obtain from such CIC. If the information and details provided to Mihuru (by the concerned CICs or you) are incorrect or incomplete, it will adversely affect the quality of the Service. In addition, there are several unknown factors beyond the control of Mihuru that may impact the outcome of the Service. For instance, credit scores are calculated differently by the various credit information companies; banks and other lending institutions may have their own internal policies subject to which they accept settlement of delayed dues or offer financial assistance and therefore, it is impossible to predict how any one specific action that we may recommend will affect your credit rating or your ability to obtain financial assistance. Therefore, you hereby understand and acknowledge that the reports and analysis provided to you by Mihuru is based on Mihuru's commercially reasonable efforts and our past knowledge and experience, and Mihuru does not guarantee any outcome vis-à-vis your credit report or credit rating maintained by CICs nor do we guarantee that you will receive financial assistance from any bank or other credit institution. Individual results may vary based on several factors which are beyond the control of Mihuru. While we make commercially reasonable efforts to ensure that our analysis are comprehensive and will provide you with options to improve your credit rating and credit worthiness, it is not meant to be exhaustive or conclusive and errors may occur.
18.4 For as long as your User ID remains registered with us, Mihuru may, from time to time, recommend our own products and services or the products and/or services of third party banks and other credit institutions to you. You hereby consent that based upon your request, Mihuru may forward your contact details to third party banks and credit institutions, and you authorize them to contact you for Service related calls, even if you are registered with a Do Not Call (DNC) status with your telecom provider. If you have asked us, or if you do ask us in future not to send you any marketing material, you agree that this restriction will not apply to these recommendations / referrals. The provision of referrals related to the products and/or services of third party banks and other credit institutions is purely a referral service and is not an offer made to you by Mihuru for any financial product and/or financial services and should not be construed as such. Such third party referral is provided strictly on a non-risk participation basis. The ultimate decision regarding the appropriateness of any product / service that is provided to you by Mihuru is exclusively yours and you should exercise due caution and/or seek independent advice before entering into any investment or financial obligation based on these referrals. You should consult your appropriate advisors and independently consider the merits and risks of subscribing or purchasing any recommended products / services, including engaging with any third party and / or purchasing their products / services. The third party/parties will be entitled to determine, in their sole discretion, whether to offer any of their products and/or services to you and any such offer will be subject to such terms and conditions as may be agreed between you and the concerned third party. Mihuru shall not be a party to and shall not be responsible or liable for any transactions, interactions, conduct or communications between you and our third party partners, on or through the Service or otherwise. Mihuru may receive a referral / facilitation fee from these third party banks / other credit institutions for the referral and you hereby confirm that you have no objection to the same.
- Force Majeure
Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage, loss, loss of services of Mihuru Platforms, due to deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in applicable regulations, including Reserve Bank of India regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.