These terms and conditions of use (“Terms”) along with the privacy policy (“Policy”) forms a legally binding agreement (“Agreement”) between you (hereinafter referred to as “you” or “your” or “user”) and Samavesh Finance India Private Limited (hereinafter referred to as “Tala” or “our” or “we” or “us”).

We recommend that you spend time reading these Terms and the Policy before accessing our services on www.tala.co (“Website”). Please reach out to us­ at hello@tala.co.in if you have any questions regarding the same. We will try our best to answer your queries.

This Agreement is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.

DEFINITIONS AND INTERPRETATION

1. Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:

• “Lender of Record” means any non-banking financial company(s) or bank/non-bank partner(s) of Tala that sanctions Loans to our users.

• “Loan” shall mean the extension of credit by Tala and the Lender of Record subject to terms and conditions of a loan agreement.

• “Person” shall mean any natural person, company, corporation, partnership, proprietorship, trust, union, association, government or any agency thereof or any other entity that may be treated as a person under applicable law.

USER APPROVAL

2. By using Tala’s services and Website, you expressly agree and consent to be bound by this Agreement.  

3. You must be eighteen (18) years of age or above to accept this Agreement.

4. You understand that if you do not agree with the terms of this Agreement, you must immediately discontinue the use of and cease to access the Website and any other services provided by us.

5. This Agreement shall govern the relationship of each user with Tala. However, Tala may also execute separate written agreements such as loan agreement with its users. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.

PROVISION OF THE WEBSITE

6. Tala allows its users to apply for a Loan subject to fulfilment of terms and conditions laid down in its mobile application. You agree and understand that your Loan is going to be sanctioned by the Lender of Record and governed by the loan agreement executed with it.

7. Tala or the Lender of Record reserve the right to reject any of your Loan applications even if you have previously been issued a Loan by our App.

8. We may stop provision of the Website permanently or temporarily, to you or to users generally or may modify or change the nature of the Website and/or this Agreement at our sole discretion, without any prior notice to you. Your use of the Website following any such modification constitutes your deemed acceptance to be bound by the Agreement (or as it may be modified).

9. You agree that you are responsible for all data charges you incur through use of the Website.

YOUR AGREEMENT WITH TALA

10. Nothing in this Agreement should be construed to confer any rights to any third-party Person. You are liable for your content, conduct and activities while using the Website, and for any consequences thereof.

11. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

12. We may choose to not act with respect to a breach of this Agreement by you or others, but this does not mean that we cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision. 

USING THE WEBSITE

13. You will use the Website only for such purposes as is permitted by this Agreement or applicable law.

14. For your use of the Website, Tala grants you a limited, non-exclusive, non-transferable right to install and use the Website on your web browser. However, you shall not copy the Website or any of its components.

15. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Tala has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Tala has the right to suspend or terminate any and all current or future use by you of the Website (or any portion thereof).

RESTRICTIONS ON YOUR USE

16. You will not access (or attempt to access) the Website and/or the content provided through the Website by any means other than through the Website, unless you have been specifically allowed to do so in a separate written agreement with Tala.

17. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website or any component or content thereof, available to third parties.

18. You will not circumvent or disable any digital rights management, usage rules, or other security features of Website; remove, alter, or obscure any proprietary technology on any portion of the Website; and not use the Website in a manner that threatens the integrity, performance, or availability of the Website.

19. You will not engage or attempt to engage in any activity that may:

• reverse engineer, decompile or otherwise extract the source code related to the Website or any part thereof, unless it is expressly permitted by Tala to you in writing or is required by the applicable law;

• use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Website or content thereof;

• collect information about Tala’s users for any illegal or unlawful purpose;

• transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website;

• use the Website in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website;

• carry out any denial of service or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Website or any part of the Website or any user of the Website; and

• obtain any materials or information through any means not intentionally made available, in the opinion of Tala, through the Website.

TERMINATION

20. We may terminate your access to the Website if:

• We are required to do so by law (for example, where the access to and/or provision of the Website to you becomes, unlawful); or

• The provision of Website to you, is no longer commercially viable or feasible for us; or

• We otherwise reasonably believe you have misused the Website or any of its services or for any other reason in our sole discretion; or
• You breach this Agreement.

21. We may terminate this Agreement at any time, with or without notice and may disable your access to the Website and/or bar you from any future use of the Website.

22. You may terminate this Agreement at any time by terminating your access to the Website. However, your certain obligations under this Agreement shall continue to prevail even on such termination.

23. Upon termination of this Agreement, all of the legal rights, obligations and liabilities that you and Tala have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

INTELLECTUAL PROPERTY

24. Your use of the Website is, and at all times will be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You will be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the Website through your device.

25. Tala owns and retains all the intellectual property rights to the content made available to you through the Website by Tala but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the Website may link you.

26. All trademarks, brands and service marks of the Website are the property of Tala only. Tala owns all of the copyrights and database in relation to the Website.

27. Any intellectual property which is not specifically mentioned to be owned by Tala is owned by their respective owners. The owners have a right to take appropriate action(s) against you for violation relating to their intellectual property.

PRIVACY

28. Our Policy sets out the details of the nature of information we collect and how we use, share or otherwise process such information. By using the Website, you agree that we can use such information according to the Policy.

LIMITATION OF LIABILITY AND INDEMNIFICATION

29. Your use of the Website, or any content available thereof is entirely at your own option and risk and we shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to your use of the Website or any content thereof.

30. You shall defend, indemnify and hold Tala, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from your breach of any rules, regulations and/or orders under any applicable law.

31. You are responsible for any breach of your obligations under the Agreement and/or for the consequences of any such breach.

NO WARRANTIES

32. We shall make our best efforts to make the Website available to you in the best possible manner. However, we disclaim all warranties in relation to the Website, whether express or implied, including but not limited to:

• the Website being constantly available without disruptions, delay or errors;

• your personal ability to use the Website and its compatibility with all devices and all networks;

• that the Website and the contents thereof are accessible in every location; or

• that the Website and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.

33. Tala, its officers, directors, employees, affiliates, agents and any other service provider responsible for providing access to the Website in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Tala’s offerings made to you, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Tala, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Tala.

34. We are not liable for any losses that may occur as a result of the acts or omissions of the Lender of Record.

GOVERNING LAW AND DISPUTE RESOLUTION

35. You are responsible for compliance with the laws applicable to you wherever you access the Website. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Bengaluru, India.

NOTICES

36. Tala may post notices within its mobile application/Website or send you notices on the e-mail address or the telephone number that you may have shared with us. You will be deemed to have received such notices within 3 (three) days of us sending the notice. Your continued use of the mobile application/Website on expiry of such 3 (three) days shall constitute your receipt and acceptance of the notices sent to you.

EFFECTIVE DATE: November 1, 2020