Terms of use.

The terms that apply when you use this website and our online services.

About these terms

This website, www.tcfpl.in, and related internet-based applications (together, the “Website” or “Services”) are owned and operated by Thar Commercial Finance Pvt. Ltd., a company incorporated under the laws of the Republic of India with its office at A Wing, 602, Kaledonia Building, Sahar Road, Andheri East, Mumbai 400069, Maharashtra (“we”, “us”, “our” or “TCFPL”).

These Terms of Use (the “Terms”) are a valid and binding agreement between us and you, the user of the Website or Services (“you” or “user”). We treat your use of the Website or Services as acceptance of these Terms.

Nothing on the Website is an offer or a promise to grant any financial service.

Introduction

These Terms are governed by applicable Indian law, and the rules, regulations, guidelines and clarifications made under it, including the Indian Contract Act, 1872; the Information Technology Act, 2000; the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and the rules on intermediaries made under the Information Technology Act, 2000.

These Terms are an electronic record under the Information Technology Act, 2000 and need no physical or digital signature.

We may change these Terms, and any policy that applies to the Website or a particular service, at any time without prior notice. Please revisit them from time to time; using the Website after a change means you accept the changed Terms.

By using the Website you represent that you are resident in India, are not barred by law from using the Services, and will not impersonate anyone or misrepresent your age, identity or affiliation.

We may refuse registration, access or Services without giving a reason. Information on the Website is general information to help you make informed decisions; it is not advice or a recommendation, and we advise you to take independent professional advice before taking any product or service.

By using the Website you consent to our use of your information as set out in our Privacy Policy, including our use of cookies.

If we translate these Terms, the English version governs.

Using the Website and Services

Acceptance: by using the Services you agree to these Terms without condition. Your use of the Services is at your own risk.
Your account: you are responsible for keeping your password and login details secret and for all activity on your account. Tell us at once of any unauthorised use. You may not create more than one account. We may close your account at any time. Specific services may carry their own terms, which you will be asked to accept.
Your information: you confirm that the information you give us is complete, accurate and correct, and that we may rely on it to provide the Services.
Communications: by using the Services you authorise us, our affiliates, associates and partners to contact you by email, phone call or SMS about the product you chose, product information and promotional offers. We may also share your information with third-party financial services companies so they can tell you about their products.
Fees: you agree to pay the fee for a service as set out in its specific terms. A fee once paid is non-refundable unless we agree otherwise in writing. Paying a fee or applying does not guarantee a loan or any other service.
Availability: the Website and Services may be changed, interrupted, suspended or discontinued at any time without notice or liability.

Grant of authority

We may hold and process personal information about you. When you use the Services and give us information, you authorise us to use it to make lending or service decisions, to offer you products through other service providers, for fraud prevention and debt collection, to understand your financial needs, and to service our relationship with you.

We may pass this information to other agents as permitted by law, and they may share information they hold about you with us. We will not otherwise disclose it outside TCFPL except for fraud prevention, where required by law or by government, judicial or regulatory bodies, under strict confidentiality to our sub-contractors or agents, or with your consent.

You authorise us and our authorised representatives to do all acts on your behalf needed to provide the Services you ask for.

Proprietary rights

You may not use our trade names, trademarks, logos, domain names or other brand features, or copy the software, text, images, graphics, video or audio on the Website (the “Content”). You may not remove or alter any proprietary notice. We do not warrant that your use of materials on the Website will not infringe the rights of third parties.

Prohibited conduct

When using the Services you will not:

use them for spam or any illegal purpose;
infringe our or anyone’s intellectual property, publicity or privacy rights;
post or transmit anything defamatory, unlawful, obscene, hateful, harassing, discriminatory, fraudulent or harmful to minors, or that threatens the unity, integrity, defence, security or sovereignty of India or public order;
upload viruses or any code designed to interrupt, destroy or limit any computer resource;
reverse engineer, decompile or disassemble the Services, or modify or create derivative works from them;
use robots, spiders or other automated means to monitor or copy the Services, or place an unreasonable load on our infrastructure;
bypass or interfere with security features, forge headers or disguise the origin of any content;
refuse to cooperate in an investigation or to confirm your identity;
give us false, inaccurate or misleading information; or
collect personal information about other users, or otherwise breach these Terms or our policies.

Content we may remove

We may, but need not, monitor or review content on the Website and accept no liability for it. We may remove any unlawful content and will cooperate with law enforcement authorities or court orders asking us to identify anyone who posts it.

Links and third parties

We have not reviewed sites linked from the Services and are not responsible for their content; you follow those links at your own risk. Showing a third party’s products does not mean we sponsor, recommend or approve them. We are not responsible for the accuracy of information from third parties or for their acts or omissions, and you may need to accept their own terms.

Accuracy and security

We make reasonable efforts to keep the Website accurate and secure, but make no warranty that it is accurate, complete or free from unauthorised changes, and accept no liability for them.

Disclaimer of warranty

The Services and their content are provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy. We do not warrant that the content will be up to date, complete or applicable to you, that the Services will be uninterrupted or error-free, or that any results or products obtained through them will meet your expectations.

Limitation of liability

TCFPL, including its officers, directors, employees, representatives, affiliates and providers, is not liable for any injury, loss, claim, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages (including lost profits or savings) arising from any failure or delay of the Website, any use of the Services or content, or the performance or non-performance of TCFPL or any provider, even if advised of the possibility; or for any damage or virus affecting your equipment from using or downloading from the Services.

No part of the information on the Website may be reproduced in any form without our prior written permission, except as these Terms allow.

Governing law and jurisdiction

These Terms are governed by the laws of India, without regard to conflict-of-laws rules. Any legal action relating to the Services or these Terms may be filed only in the courts at Mumbai, India.

Grievance officer

Under the Information Technology Act, 2000 and the rules made under it, the Grievance Officer of TCFPL is:

Grievance Redressal Officer: Ms. Sneha Shah
Grievance Redressal Officer, phone: 022 6715 4335
Grievance Redressal Officer, email: compliance@tcfpl.co.in

Breach of these terms

If you breach these Terms, or we suspect you have, we may, without prejudice to our other rights:

send you one or more formal warnings;
suspend or permanently end your access to the Services;
block computers using your IP address, or ask your internet service provider to block your access;
take legal action against you, including for breach of contract or recovery of amounts due; and
suspend or delete your account.

Feedback

Your feedback helps us improve; please send it to compliance@tcfpl.co.in. Unless we agree otherwise or the law requires, feedback is not confidential, and we accept no liability for similarities between unsolicited ideas and our future work. Please do not send trade secrets or other confidential information; material you send becomes our property.

Miscellaneous

We may assign, transfer or sub-contract our rights and obligations under these Terms; you may not without our prior written consent. If we do not act on a breach, we do not waive our right to act on later breaches. If any term is found unenforceable, it is enforced to the fullest extent allowed and the rest remain in force.

These Terms, with the agreements they refer to, are the entire agreement between you and TCFPL about your use of the Services and replace any earlier understanding. In any legal action, TCFPL is entitled to recover its legal costs, including reasonable attorney fees.