TERMS & CONDITIONS
This is an electronic contract in terms of the Information Technology Act, 2000 and applicable rules. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the rules, regulations, Privacy Policy, and Terms for access or usage of the Website.
This platform, including www.advanz.in (the "Platform"), is managed and operated by Tradecrest Connections Private Limited, a company incorporated under the Companies Act, 2013,having corporate identification number U62091UP2023PTC189526 (ADVANZ) with its registered office at A-14, Eco Tower, Sector-125, Noida, UP 201313. Throughout these Terms & Conditions, "We", "Our", and "Us" refer to Tradecrest Connections Private Limited (ADVANZ). "You" and "Your" refer to the User and/or their Authorised Representative, as applicable.
The ADVANZ Services are available solely for business entities based in India. By accessing the Website or using the ADVANZ Services (defined below), the User agrees that they and their Authorised Representative have read, understood, and agree to be bound by these Terms of Service (Terms), and any applicable third-party terms (defined below). It is important to read the entire Agreement carefully, as some provisions affect your legal rights and obligations.
You may not use the ADVANZ Services if you do not accept the terms of this Agreement. If you do not agree to be bound by these Terms and the Privacy Policy, you should not use the Website. We strongly recommend that you revisit this page periodically and review the most current version of the Terms in force. ADVANZ reserves the right, at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice. Your continued access or use of this Website signifies your assent to the updated or modified Terms. If you object to these Terms or any subsequent modifications in any way, your only recourse is to immediately cease using the Website. We may require you to agree to additional terms in connection with specific services that you may avail from ADVANZ from time to time.
1. Definitions
Account shall mean the account created by the User on the Website after the successful completion of registration.
Agreement shall have the meaning as assigned to such term in the foregoing paragraph
Authorised Representative shall mean the employee or authorised representative of the User who is specifically authorised to register on the Website on behalf of the User to assist the User in availing of the Services.
Content shall have its meaning as provided under clause [insert clause number].
ADVANZ Services shall mean the service of providing the Website and the Platform, which shall include the following: (i) supply chain platform, (ii) supply chain financing platform, (iii) credit line services platform, and such other services provided from time to time, including connecting with various Third Party Service Providers for the User.
Credit Line Service shall mean the financial credit line services offered by Third Party Service Providers to Users through the Platform, allowing Users to access zero-cost credit lines and other financial products while using the Platform.
Lender shall mean banks, NBFCs, or similar financial institutions onboarded on the Platform as Third Party Service Providers to provide Financial Services.
Mobile Application shall mean the mobile application belonging to ADVANZ, developed and designed to run on various mobile operating systems, for providing the ADVANZ Services through the Platform.
Organisation shall mean a sole proprietorship firm, partnership firm, a company registered under the Companies Act, 2013, or an LLP registered under the Limited Liability Partnership Act, 2008, based in India.
Partner shall mean third-party partners of ADVANZ from whom ADVANZ may obtain certain services related to the Website, including but not limited to verification companies, information repositories, etc., to provide ADVANZ Services.
Platform shall mean the digital platform having the trade name and brand name ‘ADVANZ,’ as operated and maintained by ADVANZ, with the front-end version accessible through the Website.
Privacy Policy shall mean the ADVANZ privacy policy as provided on the Privacy Policy page on the website.
Partyin relation to ADVANZ, refers to its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents, and licensors.
SCF Services shall mean the supply chain financing services provided by the Lenders to the Users on the Platform
Platform shall mean the online and/or offline electronic ADVANZ Platform provided by ADVANZ for enabling business for Users via multiple modes, including but not limited to order/invoice finance, limit/assessment, etc., and includes any future modifications or changes to the same.
Third Party Service Offerings shall mean the Financial Services, Credit Line Services, and other services provided by Third Party Service Providers to Users on the Website.
Third Party Service Providers shall mean service providers, including Lenders, insurers, and other providers, who are onboarded on the Platform and from whom the Users can avail themselves of the Third Party Service Offerings.
Third Party Terms shall mean the additional terms and conditions that the User may have to agree separately with the Third Party Service Providers to avail of any Third Party Service Offerings.
User shall mean any Authorised Representative/Organisation (as the case may be) registered on the Website as a business entity in India for using ADVANZ Services to avail of any commerce offering or Third Party Service Offerings, and shall include master anchors, anchors, and dealers under the SCF Services.
User Consent shall mean prior consent procured from the User (by means of a click-wrap contract in the form as applicable) in relation to access to information by ADVANZ on behalf of the User from a Partner.
User Data shall mean any data submitted by the User or the Authorised Representative on behalf of the User, to or in relation to the ADVANZ Services or Third Party Service Offerings, including Personal Information
User Verification shall mean the process followed by ADVANZ to ensure the eligibility of the User to avail of any Third Party Service Offerings.
Websiten shall mean the domain i.e. www.advanz.in and/or the Mobile Application.
ADVANZ and the User shall, as the context so requires, be individually referred to as a "Party" and collectively as the “Parties”.
2. Registration and Usage of Website
a) The Website is freely accessible currently; however, prior to availing any of the ADVANZ service(s) as a User, an organisation/individual will have to register on the Website and create an Account. An Account created by an Authorised Representative without providing necessary support documentation, such as board resolution or resolution of partners, etc., as may be required by ADVANZ, for appropriate authorization from the User, will be suspended and terminated.
b) You will also be required to submit certain documents stipulated as per ADVANZ's policies, as applicable from time to time, for User Verification. This may include Personal Information such as PAN, phone number, email ID, and GST number
c) You hereby expressly authorise ADVANZ and/or Third Party Service Providers, as the case may be, to use such documents, store, and process such information for the purposes of this Agreement. We provide our Third Party Service Providers, including Lenders (as stated herein), your User Data to enable you to avail of any Third Party Service Offering. User Data shared by Users will be stored and shared with Third Party Service Providers for providing loan services.
d) In the event that the details or documents submitted for creating an Account, or for availing the ADVANZ Services, are incomplete or discrepant, ADVANZ will request additional information/documentation. If the discrepancies remain unresolved or if ADVANZ is unable to successfully complete its User Verification in accordance with its policies, ADVANZ shall have the right to reject your request for registering with the Website and/or availing of the Third Party Service Offerings. ADVANZ reserves the absolute discretion to accept or reject your request for creating the Account to avail ADVANZ Services or any Third Party Service Offerings, without assigning any reasons for the same.
e) By registering and creating an Account with ADVANZ, the User certifies that:
- The User/Authorised Representative has created the Account for their own personal or their Organisation's use, and that the information and documents provided to ADVANZ will be their own/Organisation's details (and not those of any third person or entity);
- All information and documents that you provide to ADVANZ at any time, including during the course of any commercial transaction with other Users, are true, complete, and accurate, and any such information is supported by genuine and valid documents submitted to ADVANZ.
- You will comply at all times with all anti-corruption, anti-slavery, anti-bribery, and anti-child labour laws, and you shall not engage in practices involving child labor or slavery;
- ADVANZ may suspend or terminate your Account or your use of the ADVANZ Services at any time without notice if we suspect that any information/documents/authorization that you have provided are untrue, inaccurate, not current, or incomplete, or if you are found to be in breach of any of these Terms.
- In the event the User is required to provide any security or collateral (in the form of immovable or movable assets) in relation to a Third Party Service Offering, the User shall provide true, complete, and accurate information pertaining to such assets on the Website or in physical copy. Further, the User shall be required to furnish the title documents, either online or in physical copy, pertaining to such assets, as and when required by the relevant Third Party Service Provider to demonstrate that the User has the sole right, title, and interest to such assets
3. Scope of Services and Limitations
a) The ADVANZ Services provided by ADVANZ are available and appropriate only for use in India.
b) You hereby agree and accept that ADVANZ is not, and shall not be, a party to any agreements entered into or executed between the Users and Third Party Service Providers. Further, you agree that ADVANZ has no control over the conduct of any Third Party Service Providers or their Third Party Service Offerings, and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.
c) You may be required to accept and agree to be bound by Third Party Terms for availing specific Third Party Service Offerings you choose. The applicable Third Party Terms may be set out at the point of access to the relevant Third Party Service Offerings. These Third Party Terms are in addition to, and not in derogation of, these Terms.
d) For details of the various Third Party Service Offerings, the scope of such services provided, the term of the relevant Third Party Service Offering, and the corresponding charges applicable, please refer to the relevant Third Party Terms.
e) All transactions undertaken on your behalf by ADVANZ will be on the basis of your express instructions/prior approval and will be strictly on a non-discretionary basis.
f) ADVANZ may, at its discretion, introduce any new ADVANZ Services and Third Party Service Offerings.
g) ADVANZ shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered, or delayed, in part or entirely, by any event beyond the reasonable control of ADVANZ, including but not limited to fire, flood, explosion, acts of god, terrorist acts, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond ADVANZ’s reasonable control, security breaches, power shutdown, faults or failures in telecommunication or internet services, or unauthorised access to computer systems (“Force Majeure Event”).
h) For providing any of the ADVANZ Services or Third Party Services, ADVANZ may be required to ascertain your location or geolocation. You hereby provide your consent for ADVANZ and Partners to ascertain, track, record, and share your location and geolocation in accordance with applicable laws.
i) By accepting these Terms, you hereby request and expressly authorise ADVANZ and its employees or agents to communicate with you, and accept instructions from you or with your approval, (i) over the telephone by SMS or calls (including robo-calls and IVR calls) at the number you provide to ADVANZ; (ii) by email at the email address you provide to ADVANZ; (iii) over video calls generated on the Platform; (iv) in writing (including through documents uploaded by you through your Account or otherwise); (v) through 'click to accept' contracts and forms; and/or any other mode and form as may be determined appropriate by ADVANZ from time to time.
j) You hereby consent to ADVANZ, at its sole discretion, recording all telephone calls/video calls between you and an ADVANZ representative for any purpose whatsoever, subject to applicable laws, and any such records of ADVANZ shall be conclusive and binding evidence of the fact and content of such calls. It is your responsibility to inform ADVANZ of any changes to your email address or telephone number. You confirm that instructions/approval so provided by you will be valid, effective, and binding on you without any further inquiry or due diligence as to the identity of the person purporting to give such instruction/approval. ADVANZ may, in its sole discretion, seek further confirmation of any instruction/approval given or purporting to originate from you. You specifically consent that ADVANZ shall be entitled to use any User Data or data/information it derives from your transaction or usage patterns on the Platform for any cross-selling of service offerings or promotion of new offerings in the manner determined by ADVANZ.
4. SPECIFIC TERMS FOR THIRD PARTY SERVICES
A. PLATFORM
Once the User registers with ADVANZ after accepting these terms and conditions, a unique username and password will be created, which authorises ADVANZ or its authorised personnel access to the Services.
ADVANZ and its TSP remains the exclusive owner of all rights (including without limitation the proprietary rights) in and to the ADVANZ Platform. The user is granted a non-exclusive, non-transferable, revocable right to use the ADVANZ Supply Chain Platform for a particular term on the terms defined under Master Agreement.
The user will treat the ADVANZ Platform as Confidential Information and shall undertake all required measures to ensure that no third party gains any access to the ADVANZ Platform.
The term of usage shall be limited in accordance with the term of agreement between ADVANZ and User as per the details mentioned herein below in this Agreement.
The user acknowledges that there may be interruptions in Service or on the website beyond the control of ADVANZ. While ADVANZ uses reasonable efforts to keep the website and the Service accessible, the website or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. The user understands and acknowledges that due to circumstances both within and outside of ADVANZ's control, website or Service access may be interrupted, suspended, or terminated. The user further understands that there may be interruptions in access to the website or the Services due to local internet connectivity issues. ADVANZ shall not be liable in any manner for such disruptions in the website or the Services.
B. SERVICES FOR SUPPLY CHAIN FINANCING (SCF)
For the purposes of this clause, "you" shall include master anchors, anchors, and dealers registered on the ADVANZ Platform. ADVANZ offers the SCF program through the following Lenders, who shall be its financing partners:
When an anchor or dealer applies for or avails any SCF Services on our Platform, we may require the submission of certain documents to verify the organisation and its owner. We may also require the dealer and anchor, as well as their owner, to submit KYC documents. We may also require the anchor/dealer to provide net banking details and/or give us access to their bank account statements. We may receive personal information such as the name, gender, date of birth, address, phone number, etc., of the owner as part of the KYC verification, and you hereby consent to this.
As part of the SCF Service provided, ADVANZ may collect credit information of the anchor/dealer or their owners, which is maintained by authorised Credit Information Companies (CICs) in India. ADVANZ will obtain such credit information on their behalf with the User's consent. Dealers and anchors may be required to upload their registered mobile numbers for the Credit Information and accept the terms and conditions.
The participation of a dealer in the SCF program shall be conditional on the recommendation provided by the anchor. The dealer should not be part of any other supply chain program(s) supported by the anchor. The drawdown for a dealer shall be based on the list of invoices raised by the anchor on behalf of the dealer.
The anchor uploads invoices in the SCF portal, which will reflect against the corresponding dealer. All invoices shall then be shared with the relevant Lender as determined by ADVANZ for financing. In the event the Lender approves the financing, which may be done at its sole discretion, the Lender shall disburse the loan amount to the anchor’s bank account.
The dealer shall be entitled to avail of the financing facility under the SCF program solely for financing the dealer’s purchase of products from the relevant anchor as approved by the master anchor (if any) and not from any other entity.
Upon the Lender approving the facility, the Lender and dealer shall enter into financing facility agreements to capture the terms of the financing facility, and the dealer shall repay the amounts in accordance with the financing facility agreement directly to the Lender. The dealer shall execute appropriate documents as required by ADVANZ to enable the flow of funds.
The anchor shall also share with ADVANZ all other relevant information pertaining to the dealer to ascertain the grant of the financial facility, as permitted by Applicable Laws. ADVANZ shall be entitled to share such information with the Lenders on the Platform for the purpose of granting the financing facility and providing Platform Services, and in connection therewith, may use, retain, process, analyse, reproduce, transmit, distribute, and create derivative works of the dealer information subject to Applicable Laws.
The provision of the facility to the dealer is at the discretion of the Lender, and the Lender reserves the right to reject the facility to a dealer, with or without notice or reason, and without any liability. In the event the Lender rejects the grant of any facility to the dealer, the dealer shall be required to make the relevant payment to the anchor immediately. The anchor shall directly pursue recovery of any outstanding payment from the dealer. In the event of rejection of a facility by a Lender or default of the facility by the dealer, ADVANZ shall not be liable to make any payment to the anchor, regardless of whether the goods and/or services have been provided to the dealer or not.
ADVANZ may disclose dealer information (or any modifications thereof) in part or whole to any person in the following circumstances: (i) If required or permitted by law, governmental authority, court order, decree, or award; (ii) To protect against or prevent actual or potential fraud or unauthorised transactions; (iii) To investigate any fraud that has already occurred; (iv) If required under any agreement entered into by ADVANZ with any Lenders.
C. CREDIT INFORMATION
ADVANZ may, with the User's consent, retrieve the CIC/Credit report, which may be shared with Users upon request. Users hereby provide consent for ADVANZ to store the CIC report for a period of 3 years and any analysis thereof.
By providing consent here, Users also allow ADVANZ to share the aforementioned stored information with existing or new Lenders. However, ADVANZ does not guarantee that an application for Financial Services will be successful. The decision to provide Financial Services lies with the Third-Party Service Provider offering the service. Please carefully read the applicable Third-Party Terms to understand the eligibility criteria and conditions for these offerings. Prior to providing any facility, Lenders may conduct credit approval checks on you and collect your Credit Information. Users hereby expressly authorise and consent to the collection of their Credit Information by Lenders from any CIC.
In the event you are required to enter into a separate agreement with Lenders for availing Financial Services, you shall not agree to terms contrary to those agreed upon with ADVANZ. In case of any conflict between the terms agreed with ADVANZ and the terms with Lenders, the terms agreed with ADVANZ shall prevail.
5. PERMITTED USE OF WEBSITE
a. You may use the Website and the ADVANZ Services solely for your own use, subject to the terms of this Agreement that you may accept and agree to be bound by. We grant you a non-sub-licensable, revocable, non-transferable, non-exclusive, limited period licence to use the Website, but solely as necessary to use the ADVANZ Services and in accordance with the Agreement. All of our rights not expressly granted by this licence are hereby retained
b. All content, data, design, information or other materials available on and underlying the Website (collectively “Content”), including but not limited to software underlying the Website or which are required for accessing or using the Website, images, text, layouts, arrangements, displays, illustrations, photographs, graphics, audio and video clips, HTML files and other content, logos, trademarks including the trademark and other trademarks that may be used on the Website are the property of ADVANZ and/or its licensors and are protected by copyright and/or other applicable intellectual property right laws. You are not permitted to copy, reproduce, scrap, publish, perform, communicate to the public in any manner whatsoever, transmit, sell, licence, distribute or transfer in any manner whatsoever, adapt, modify, translate, disassemble, decompile or reverse engineer, create derivative works from, or in any way use or exploit the Website, the ADVANZ Services, the Content or any part thereof. You shall not remove or obliterate any copyright, trademark or proprietary rights notices from the Content or the Website and shall reproduce all such notices on all authorised copies of the Content. Any use of the Website, the Service and/or Content in violation of these Terms may violate copyright, trademark and other applicable laws, and could result in appropriate legal action. Notwithstanding anything contained in this Agreement, ADVANZ may at its discretion, provide the Users with an option to replicate and use the Content, including images, as available on the Platform, which may have been provided by ADVANZ or other Users, for cataloguing the products on the Platform or any other permitted purposes. In the event ADVANZ provides such feature, you hereby acknowledge and agree that the other Users may use the Content provided by you; and upon such usage, ADVANZ and the relevant User(s) shall not be liable in any manner under applicable laws or otherwise, and you shall not have any claim or objection whatsoever against such usage.
c. You shall not use the Website, the ADVANZ Services, the Content, or any part thereof for any purpose that is unlawful or not permitted by these Terms. You will not display or upload any photo, picture, illustration, or graphic representation which may violate the proprietary rights or copyright of any other person, and you shall ensure that you are authorised to upload or display such materials. Without prejudice to the generality of the above, you shall not use the Website, the ADVANZ Services, the Content or any part thereof to host, display, upload, modify, publish, transmit, update, or share any information that:
(a) belongs to another person and to which you do not have any right; (b) impersonate another person; (c) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (d) harms minors in any way; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) violates any law for the time being in force or deceives or misleads ADVANZ about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; (h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; (i) is unsolicited or unauthorised advertising, junk mail, or spam; or (j) sells any counterfeit goods or illegal goods or restricted goods on the Platform.
(k) In the event of any downtime, data breach, hacking, or such other incident on the Platform or Website, which may or may not adversely affect you, you shall be solely responsible for the same, and you shall not directly or indirectly post any offensive or derogatory content against ADVANZ or any of its affiliates, in any media including social media, in any form whatsoever.
(l) Further, by availing the ADVANZ Services, you hereby expressly acknowledge that ADVANZ shall at its discretion, be entitled to use your name, trade name, brand name, logos, etc. in any marketing materials, promotional materials, or advertisements of ADVANZ or its Platform, and ADVANZ shall be deemed to have acquired a licence for such usage, and you shall not raise any objection in this regard.
6. CHARGES
a. ADVANZ shall be entitled to charge fees such as platform fees, convenience fees, onboarding fees, etc., for the ADVANZ Services as per the respective ADVANZ Service that you subscribe/avail on the Website. ADVANZ will deduct the applicable fees when you make any payment through the Website or in such other manner as communicated to you from time to time. The fees as applicable from time to time shall be detailed on our Website or as communicated to you from time to time, including by way of email.
b. In the event any Third-Party Service Provider or a User charges a fee for a transaction, notwithstanding the unsuccessful consummation of such transaction, ADVANZ shall not be liable to Users for reimbursement or refund of such fee.
7. PRIVACY
The Privacy Policy at privacy policy page of the website, relating to our collection, processing, use, storage, and disclosure of User Data is incorporated by this reference into, and made a part of, these Terms. By agreeing to the Terms, you agree to the use of the User Data and confidential information as per the Privacy Policy.
8. TERMINATION
a. This Agreement is binding from the time you access this Website and will continue until either you or ADVANZ terminates this Agreement.
b. ADVANZ may terminate the Agreement and deactivate your Account forthwith by notice to you at your email address registered with us in the event that you are in breach of this Agreement.
c. ADVANZ may also terminate this Agreement and deactivate your Account for any reason by giving you notice of 10 (ten) days or such other appropriate time period, addressed to your email address registered with us.
d. You may terminate this Agreement and request deactivation of your Account by written notice by email addressed to support@advanz.in. Your Account will be deactivated within 30 working days from receipt of such email.
e. Upon termination, your right and licence to access and/or use the Website or avail any of the ADVANZ Services immediately cease; your Account will be deactivated. Further, your personal information that is in the possession of ADVANZ will be dealt with in accordance with our Privacy Policy.
9. REPRESENTATIONS AND WARRANTIES
A. The User represents and warrants that:
a. if it is an entity, it is a company, duly incorporated under the laws of India, or a limited liability partnership registered under the Limited Liability Partnership Act, 2008, or a sole proprietorship/partnership firm, as the case may be, validly existing and in good standing, and has all requisite power and authority to own and operate its business and properties and to carry on its business as such business is now being conducted; (ii) if an individual, he/she is not insolvent and has all necessary permits to carry out his/her business;
b. he/she/it has full legal capacity and has obtained all necessary statutory and regulatory permissions, approvals, and permits for the running and operation of its establishment, for the conduct of its business, and to execute, deliver, and perform this Agreement, and has been or will be duly authorised by all necessary corporate actions. If it is an entity, it has authorised the Authorised Representative with necessary authorizations to perform actions on its behalf for the purposes of the ADVANZ Services and any Third Party Service Offerings;
c. this Agreement has been duly executed and forms legal, valid, and binding obligations upon the User, enforceable in accordance with its terms;
d. no claim, litigation, arbitration, suit, action, investigation, or proceeding or order, judgement, injunction, decree, award, settlement, or stipulation of or before any arbitrator, tribunal, or government authority is pending or outstanding against it/her/him affecting its ability to enter into or perform this Agreement.
e. In case these Terms are being entered into by the Authorised Representative, the said individual represents and warrants that they have validly entered into the Agreement and have the legal power to do so on behalf of the User.
B. The Users shall not avail any ADVANZ Services if they are the subject of any sanctions imposed by regulatory authorities. The Users must comply with all export and re-export restrictions that may apply to goods, software, technology, and services and ensure that their clients and vendors are not subject to any sanctions. The Users will also adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or kickbacks, either in cash or in kind, in the course of all dealings with each other and with ADVANZ. Each User represents, warrants, and undertakes that they have not and shall not offer, promise, give, encourage, solicit, receive, or otherwise engage in acts of bribery or corruption in relation to the ADVANZ Services (including without limitation any facilitation payment) or to obtain or retain business or any advantage in business for any member of the other party, and shall ensure to the fullest extent possible that their employees, agents, and others under their direction or control do not do so. The Users shall also ensure compliance with all applicable laws while availing of the ADVANZ Services, including labor laws, and will not engage in or encourage slavery or child labour in any manner whatsoever. Any such violations will be viewed seriously, and ADVANZ reserves the right to take all appropriate actions or remedies as may be required under the circumstances.
10. DISCLAIMER OF WARRANTIES
a. THE SERVICE, INCLUDING THE WEBSITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ADVANZ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. ADVANZ DOES NOT AND CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE SERVICE OR WITH RESPECT TO ANY INFORMATION TRANSMITTED, DELIVERED, OR RECEIVED BY USE OF THE SERVICE RESTS SOLELY WITH THE USER, AND ADVANZ MAKES NO CLAIMS WITH RESPECT TO THE SAME
c. ADVANZ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, MATERIALS, OR ANY INFORMATION OR CONTENT RELATED TO THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE, SERVICE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE WEBSITE, THE SOFTWARE, OR ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.
d. YOU ACKNOWLEDGE THAT ADVANZ DOES NOT WARRANT THAT INFORMATION OR ADVICE OBTAINED BY YOU FROM ADVANZ OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ADVANZ DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE SERVICE OR ANY OF ITS COMPONENTS INCLUDING THE WEBSITE OR SOFTWARE, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN. FURTHERMORE, ADVANZ DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, INTERNET SERVICE PROVIDER DISTURBANCES, INTERNET SATURATION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF USER COMMUNICATIONS, OR ANY OTHER REASON. Under no circumstances will ADVANZ be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from the use of the Website or the Service, or any interactions between users of the Website or Service, whether online or offline.
e. ADVANZ is not responsible or liable for any Third-party applications, software, viruses, etc., that are uploaded or posted on the Website, Service, or any component of the Service, caused by users of the Website, or related to the use of the Service by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilised in the Website or Service.
11. LIMITATION OF LIABILITY
ADVANZ AND ADVANZ PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO ADVANZ SERVICES, OUR CONTENT, OR USE OF THE WEBSITE.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE ADVANZ PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, ADVANZ SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED INR 5000 (INDIAN RUPEES FIVE THOUSAND ONLY).
12. INDEMNITY
You will defend (if requested by any ADVANZ Party), indemnify, and hold harmless the ADVANZ Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the ADVANZ Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of ADVANZ Services, our Content, or the Website; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of third-party content or other Users. You must not settle any such claim or matter without the prior written consent of ADVANZ. ADVANZ reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defence of any such claims.
13. GENERAL PROVISIONS
A. Grievances, Customer Care, and Nodal Officer
If you have any other concern or grievance with respect to any content/information/data/products or services offered on the Website, please send an e-mail to our grievance officer/nodal officer, whose details are mentioned below
Name: Muskan Jha
Email ID: muskan.jha@advanz.in
Address: Stellar OKAS, 1425, Sector-142, Noida
Phone No.: +91 8929186105
Upon receipt of your complaint by the grievance officer/nodal officer, an immediate acknowledgment ID shall be assigned to your complaint, which shall also be intimated to you to track the status of the complaint. The nodal officer shall redress the complaint within 15 working days from the date of receipt of the complaint. However, the following delays are excluded from the calculation of time taken for redressal of your complaint:
(a) Time taken by you to provide relevant information and documents, if any; and
(b) In case the redressal involves a third party, any delay caused by such third party.
B. Assignment
You cannot assign or otherwise transfer the Terms, ADVANZ or any rights hereunder to any third party. Our rights under the Terms with respect to ADVANZ are freely transferable to any third parties without the requirement of seeking your consent.
C. Governing Law
This Agreement shall be construed, interpreted and applied in accordance with, and shall be governed by, the laws applicable in India. The courts in Noida shall have exclusive jurisdiction to entertain any dispute or suit arising out of or in relation to this Agreement.