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This Terms and Conditions
Agreement (“Terms”) is entered into by and between Tally Account Aggregator Services
Private Limited (“us”/“we”/“our”), a company registered under laws of India
and the Customer (“you”, “your”), for the Services (defined below). Your
use of
our website and application (collectively “Platform”) is governed by these Terms. These Terms
constitute a binding and enforceable legal contract between you and us.
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By using the Services or the
Platform, you acknowledge to have read, understood, and agree to be legally bound by these
Terms, and that you shall
comply with the requirements listed hereunder. If you do not agree to all of these Terms or
comply
with the requirements listed herein, please do not access the Platform or use the Services. We
reserve the right to modify or terminate any portion of the Platform or the Services offered by
us or amend the Terms for any reason, without notice and without liability to you or any third
party. To make sure you are aware of any changes, please review the Terms periodically.
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These Terms shall be read in conjunction with our privacy policy,
available at www.tallyedge.com
(“”), and any
guidelines, additional terms,
policies, or disclaimers made available or issued by us from time to time.
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Capitalised terms used in
these Terms shall have the same meaning as ascribed to them in the AA Master Directions
(defined below) unless the context indicates otherwise.
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“AA Master Directions”
shall mean the Master Direction - Non-Banking Financial Company -Account Aggregator (Reserve
Bank) Directions, 2016 as amended, revised, or updated from time to time; and
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“Applicable Law” shall
mean any statute, law, regulation, ordinance, rule, judgment, notification, order, decree,
by-law, permits, licenses, approvals, consents, authorisations, government approvals,
directives, guidelines, requirements or other governmental restrictions, or any similar form of
decision of, or determination by, or any interpretation, policy or administration, having the
force of law of any of the foregoing, by any regulatory authority.
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“Financial Information” shall have the same meaning ascribed to it in the AA Master
Directions;
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“Financial Information
Provider” shall have the same meaning ascribed to it in the AA Master Directions;
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“Financial Information
User” shall have the same meaning ascribed to it in the AA Master Directions;
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“Financial Sector
Regulator” shall have the same meaning ascribed to it in the AA Master
Directions;
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“RBI”
shall mean the Reserve Bank of India.
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Tally Account Aggregator Services Private Limited or Tally Edge
includes
affiliates, subsidiaries, group and associate companies of Tally Account Aggregator Services
Private Limited.
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Through the Platform, you may
retrieve, view, consolidate and share Financial Information that is available with Financial
Information Providers, and present your Financial Information to Financial Information Users.
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The services offered by us
through the Platform are referred to as “Services” (which term also includes the provision of
the Platform to you).
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For us to render the Services
to you, you hereby authorise and appoint us as your agent with limited power to access, fetch or
retrieve, with your consent, your Financial Information, sensitive personal information, etc.,
from Financial Information Providers.
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The provision of any or all
the Services is subject to Applicable Laws in India. Further, the provision of any or all of the
Services is subject to our sole discretion and their availability on the Platform.
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Pursuant to
our Privacy Policy, you may revoke your consent at any point of time.
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Use of the Platform is available only to
those individuals and organizations who can form legally binding contracts under Applicable Law in their
respective jurisdictions. If you are a minor, i.e., under the age of 18 years, you shall not register as
a user of the Platform and shall not use the Platform. As a minor, if you wish to use the Platform, such
use may be made by your legal guardian or parents on the Platform. We reserve
the right to terminate
your membership and/or refuse to provide you with access to the Platform if it is brought to our notice
or if it is discovered that you are under the age of 18 years. You represent and warrant that you have
full legal capacity and authority to agree and bind yourself to these Terms. If you are authorized to
act on behalf of an entity, organisation, or any other legal person, you confirm and represent that you
have the necessary power and authority to bind such entity, organisation, or legal person to these Terms
and your acceptance of these Terms implies acceptance by such relevant organization/institution.
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To avail the Services, you
will be required to create a profile on the Platform (“Profile”). In addition to setting up a
username and password to create the Profile, you will be required to furnish certain details,
including but not limited to phone numbers and other personal information. You warrant that all
information furnished in connection with your Profile is and shall remain accurate and true, and
you agree that you shall promptly update your details on the Platform in the event of any change
to or modification of this information.
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You will maintain the security
and confidentiality of your username and password and immediately notify us of any disclosure or
unauthorised use of your Profile or any other breach of security with respect to your Profile.
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You will be liable and
accountable for all activities that take place through your Profile. We shall in no manner be
liable for any unauthorised access to your Profile.
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We do not independently verify
the information provided by you and therefore, we shall in no way be responsible or liable for
the accuracy, inaccuracy, obsolescence, or completeness of any information provided by you.
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If you provide any information
(or if we have reasonable grounds to suspect that you have provided information) that is untrue,
inaccurate, obsolete, or incomplete, we may suspend or terminate your Profile and refuse any use
of the Services.
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You will maintain the
confidentiality of your password. We will not be liable for any leak of information on your part
and the consequences of the same. You agree to immediately notify us of any disclosure or
unauthorized use of your credentials or any other breach of security concerning your Profile.
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By providing us with your
email address and mobile number, you agree to receive all required notices, notifications, and
information electronically on that email address or mobile number. It is your responsibility to
update any changes to your email address and mobile number.
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The Company will not retrieve, share, or
transfer your Financial Information without your explicit consent. The Company shall perform the
function of obtaining, submitting, and managing your consent in accordance with the AA Master
Directions.
The Company shall obtain your consent in
a standardized consent artefact which shall contain the following details:
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Your identity and contact
information; and
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The nature of
the Financial Information requested; and
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purpose of
collecting such Financial Information; and
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the identity of the recipients of
the Financial Information, if any; and
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URL or other address to which
notification needs to be sent every time the consent artefact is used to access information; and
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Consent
creation date, expiry date, identity, and signature/ digital signature of the Company; and
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any other attribute as may be
prescribed by the RBI.
At the time of obtaining consent, the
Company shall inform you of all necessary attributes to be contained in the consent artefact as
mentioned above and your right to file complaints with relevant authorities in case of non-redressal of
grievances.
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In this respect, we will comply with all
Applicable Laws, in particular the AA Master Directions, and do everything that is required of us by the
AA
Master Directions, while providing the Services to you.
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We shall
provide the Services to you on the basis of your explicit consent.
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We shall ensure
that no information is shared without your explicit consent.
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use the Services to
transmit any data or send or upload any material that contains viruses, trojan horses,
worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or
similar computer code designed to adversely affect the operation of any computer
software or hardware; and/or
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use any robot, spider,
other automated device, or manual process to monitor or copy the Platform or any portion
thereof and/or;
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engage in the
systematic retrieval of content from the Platform to create or compile, directly or
indirectly, a collection, compilation, database, or directory; and/or
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use the Services in
(A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any
manner inconsistent with these Terms; and/or
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violate Applicable Laws in any manner.
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You warrant that you shall not
engage in any activity that interferes with or disrupts access to the Platform.
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You shall not attempt to gain
unauthorised access to any portion or feature of the Platform, any other systems or networks
connected to the Platform, to any of our servers, or through the Platform, by hacking, password
mining, or any other illegitimate means.
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FIU shall never request your
credentials (like passwords, PINs, private keys) which may be used for authenticating your
Account at FIP and that you should never provide these details.
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All rights, title, and
interest in and to the Platform and Services, including all intellectual property rights arising
out of the Platform and Services, are owned by, or otherwise licensed to us. You agree not to
display or use, in any manner, our intellectual property rights including trademarks without our
prior written permission.
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Except as stated herein, none
of the materials may be modified, copied, reproduced, distributed, republished, downloaded,
displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not
limited to, electronic, mechanical, photocopying, recording or other means, without our prior
express written permission. Save and except with our prior written consent, you may not insert a
hyperlink to the Platform, or modify/ alter any information or materials contained in the
Platform.
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No license or other such right
is granted per this Agreement and your access to and/or use of the Platform should not be
construed as granting, by implication, estoppel or otherwise, any license or right to use any
trademarks, service marks or logos appearing in the Platform without the prior written consent
of the Company or the relevant third party proprietor thereof.
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These Terms shall remain in
effect unless terminated in accordance with the terms hereunder.
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We may terminate your access
to or use of the Services, or any portion thereof, immediately and at any point, at our sole
discretion if you violate or breach any of the obligations, responsibilities, or covenants under
these Terms, or when you cease to become a user of our Services or Platform.
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Upon
termination of these Terms:
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the
Profile will expire; and/or
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the
Services will “time-out”; and/or
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these Terms shall
terminate, except for those clauses that expressly or are intended to survive
termination or expiry.
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We do not warrant the
accuracy, suitability, or correctness of any Financial Information that is made available on or
through the Services. The Platform and the Services are provided by us on an “as is” basis
without warranty of any kind, (whether express, implied, statutory, or otherwise),
including the implied
warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
Without limiting the foregoing, we make no warranty that:
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the Platform or the
Services will meet your requirements or expectations, or that your use of the Services
will be uninterrupted, timely, secure, or error-free; and
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any
errors or defects in the Platform will be corrected.
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No advice or information,
whether oral or written, obtained by you from us shall create any warranty that is not expressly
stated in these Terms.
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To the fullest extent
permissible under Applicable Law, we, our affiliates, and related parties each disclaim all
liability towards you for any loss or damage arising out of or due to:
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your
use of, inability to use, or availability or unavailability of the Services;
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the occurrence or
existence of any defect, interruption, or delays in the operation or transmission of
information to, from, or through the Services, communications failure, theft,
destruction or unauthorized access to our records, programmes, services, server, or
other infrastructure relating to the Services; or the failure of the Services to remain
operational for any period of time.
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Further, all Financial
Information obtained from Financial Information Providers may be based on delayed feeds and may
not reflect the real-time/ rates. We shall not be responsible for any errors or delays in the
Financial Information provided to the Financial Information Users as part of its Services or for
any actions taken by the Financial Information Users in reliance thereon.
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The use of any information set
out is entirely at your own risk. You should exercise due care and caution (including if
necessary, obtaining of advise of tax/ legal/ accounting/ financial/ other professionals) prior
to acting or omitting to act, on the basis of the information contained / data generated herein.
We shall not be liable for any loss arising from the use of the Services and/or the Platform.
You will be solely liable for any consequences, legal, financial or other, that may arise out of
usage of the Services.
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We do not warrant that access
to the Platform shall be uninterrupted, timely, secure, or error free nor does it make any
warranty as to the results that may be obtained from the Platform or use, accuracy or
reliability of Services.
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We reserve the right to modify these
Terms, in our sole discretion, at any time. Such modifications may be posted through the Services, on
our Platform or when we notify you by other means. The changes may be periodically intimated to you and
your continued use of the Services indicates your agreement to the modifications.
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This Agreement shall be
governed by and construed in accordance with the laws of India.These Terms, the Services and
the relationship between you and us shall be governed in accordance with the laws of India. You
agree that all claims, differences, and disputes arising under or in connection with or in
relation
hereto the
Platform, these Terms, the agreement(s) entered into on or through the Platform or the
relationship between you and us shall be subject to the exclusive jurisdiction of the courts at
Bangalore.
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Subject to the foregoing, in
the event of a dispute whatsoever arising in any way connected with the interpretation or
implementation of any term of these Terms, or in any way connected with the use or inability to
use the Services, the same shall be referred to an arbitrator appointed in
accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, and the
decision of the arbitrator will be final and binding. The arbitration proceedings will be held
in Bangalore, India.
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In no event shall we be liable for any
special, incidental, punitive, indirect or consequential damages whatsoever (including but not limited
to damages for loss of profits, loss of confidential or other information, for business interruption,
for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of
reasonable care, negligence, and any other pecuniary or other loss whatever) arising out of or in any
way related to the use of or inability to use the Services or failure to provide support or other
services, information and related content through the software or Platform, or otherwise arising out of
the use of the Services, even if you have been advised of the possibility of such damages. In no event
will our entire liability to you in respect of Service and Platform, whether direct or indirect, exceed
the payment made to us by you. We shall have no liability to you if we are prevented from or delayed in
performing our obligations due to force majeure event.
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These Terms represents the complete and
exclusive understanding between you and us regarding your use of Services. If any provision of these
Terms is found to be void, invalid, or unenforceable, it shall be severed from and shall not affect the
remainder of these Terms, which shall remain valid and enforceable.
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No third party shall have any rights to
enforce any terms contained herein.
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Grievance Redressal Policy is formulated
with a purpose to provide the efficient
customer service support through a laid down procedure and the same can be accessed via link
“Grievance
Redressal Policy”
on company’s website. In terms of the Master Directions of RBI, if the
complaint/grievance is not resolved within a period of one month from reporting, you may appeal to
the Reserve Bank of India (RBI).
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We will go beyond efficiency and
fairness by providing all our services at prices that enable our partners to provide affordable services
to their users. The structuring of the prices will be carefully and consultatively tailored to each
market segment. Our users will have the benefit of the usage of our product for downloading, registering
and using our services at no direct cost. The term “users” hereunder this clause shall not include
Financial Information Users (FIUs).
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We shall have no liability to you if we are
prevented from or delayed in performing our obligations or from carrying on our business by acts, events,
omissions, or accidents beyond our reasonable control, including, without limitation, strikes, failure of a
utility service or telecommunications network, the act of God, war, riot, civil commotion, pandemic
situations,
malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
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You agree not to disclose or attempt to use or personally benefit from any non-public
information that you may learn or discover on the Platform or through the Services. This obligation shall
continue until such time as the non-public information has become publicly known through any action of
yours. If you are compelled by order of a court or other governmental or legal body (or have notice that
such an order is being sought) to divulge any such non-public information, you agree to notify us promptly
and diligently and cooperate fully in protecting such information to the extent possible under applicable
law.
We may access, preserve and disclose any of your information, if required, subject to applicable law, for
the facilitation of any Services to you as per your explicit request, or to do so to ensure compliance with
applicable law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims
asserted against us or to comply with legal process, (ii) for fraud prevention, risk investigation, your
support, product development and de-bugging purposes, or (iii) protect our rights, property or safety of our
users or members of the public.
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Any access to a third party’s software applications or links on the Platform shall be
at
your sole risk, and we shall not be liable for any losses sustained by you, or any third party in this
regard. You understand and agree that when you access a link that leaves our Platform or any third-party
software applications on the Platform, the site you will enter into or the third-party software you
access,
and use is not controlled by us and will have different terms of use and privacy policies that may be
applicable. By accessing links to other sites or accessing such third-party software applications, you
acknowledge that we are not responsible for those sites/third party software. Your use of any
third-party
software application or links on the Platform is subject to the license you agreed to with the third
party
that provides you with the software/links. We do not own or control nor do we have any responsibility or
liability for any third-party software application or links that you elect to use on our Platform and/or
in
connection with the Services. Any transaction you undertake on such third party sites or third party
software applications would be solely at your own risk, and we shall not be liable for it in any way. We
reserve the right to disable third party links or software applications on the Platform, although we are
under no obligation to do so.