www.kuwy.in (here in after referred to as ‘Website’ or ‘Platform’ or ‘Service’) is developed and operated by Kuwy Technology Services Pvt Ltd.,
2.1 By accessing this website/platform/service, you agree to be bound by these terms & conditions [Hereinafter referred to as terms]. We recommend that you read these Terms and Conditions prior to using our Website/platform/service and thereafter regularly review any changes and you are responsible for doing so. If you do not accept these Terms and Conditions you must immediately stop using the website/platform/service and access to the website/platform/service may be denied.
2.2. At the time of registering for use or using our website/service you may be asked to enter your name, your age, gender, e-mail address, phone number or other information.
2.3 To access and view the website/platform/service, you must be at least 18 years old. Persons who are "incompetent to contract" within the meaning of the Contract Act, including minors are not authorized to use the website.
The contents of this website/platform/service do not constitute advice and should not be relied upon in making or refraining from, making any decision.
4.1 We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Site, which may also include technical inaccuracies or typographical errors.
4.2 We make no guarantee, nor do we take any responsibility for the Content including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
4.3 We reserve the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
5.1 You are solely responsible for the content of any transmissions you make to the Website or any transmissions you make to any mediums offered by the Website and any materials you add to the Website or add to any mediums offered by the Website, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). We do not endorse or accept any of your Communication as representative of our views. By transmitting any public Communication to the Website/platform, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
5.2 You confirm and warrant that you have the right to grant these rights to us. You hereby waive and grant to us all rights including intellectual property rights and also "moral rights" in your Communications, posted at our Website/platform through any of mediums of the Website/platform. We are free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also we reserve the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
5.3 We have the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. We cannot review all Communications made on and through any of the mediums provided by us. We reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we at our sole discretion deem inappropriate, offensive or contrary to any Website/platform's policy, or that violate this terms.
5.4 We reserve the right not to upload or distribute to, or otherwise publish through the Website/platform or Forums any Communication which is (a)obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b)constitutes or contains false or misleading indications of origin or statements of fact; (c)slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d)causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h)impersonates another person or entity, or that collects or uses any information about Website visitors.
5.5 It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then We reserve the right to take appropriate legal action against you. Further, you shall indemnify and protect us against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. We take no responsibility and assume no liability for any content posted by you or any third party on the Website/platform.
5.6 You further acknowledge that conduct prohibited in connection with your use of the Website includes, but is not limited to, breaching or attempting to breach the security of the Website/platform.
6.1 Nothing is more important to us than protecting your personal information provided to us. We will not use your personal information other than as stated in these terms without first receiving your permission.
6.2 We do not sell, trade, or otherwise transfer to outside parties your personal information. This does not include trusted third parties who assist us in operating our Website/Platform/Service, conducting our business, or servicing you, so long as those parties agree to keep this information confidential [Internal Purpose].
6.3 We may also release your information when we believe release is appropriate to comply with the law, enforce our Website/Platform/Service or protect others or our rights, property, or safety.
6.4 We may include or offer third party products or services on our Website/Platform/Service. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
6.5 We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this policy at any time.
The Website/Platform/Service may include links to third party website's, advertisers, services, special offers, or other events or activities that are not controlled and maintained by us. Any link to such third party websites is not an endorsement of such website, advertisers, services, special offers, or other events or activities and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
8.1 All trademarks, copyright, database rights and other intellectual property rights of any nature in the Website/Platform /Service together with the underlying software code are owned either directly by us or our licensors.
8.2 We hereby grant you a worldwide, non-exclusive, royalty-free revocable license to use the Website/Platform/Service for your personal use in accordance with these terms.
9.1 You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.
9.2 The Website/Service wherever made available to you free of charge is for your personal, non-commercial use. We reserve the right to amend or withdraw the Website/platform, or charge for the Website/platform or service provided to you in accordance with these terms, at any time and for any reason.
9.3 You acknowledge that the terms of agreement with your respective network provider (‘Service Provider’) will continue to apply when using the Website/Platform/Services. As a result, you may be charged by the Service Provider for access to network connection services for the duration of the connection while accessing the Website or any such third party charges as may arise. You accept responsibility for any such charges that arise.
10.1 We may terminate use of the Website/Platform/Service at any time by giving notice of termination to you.
10.2 Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Website/Platform/Service.
11.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE WEBSITE/PLATFORM IS AT YOUR SOLE RISK. THE SERVICE AND THE WEBSITE/PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
11.2 IN NO EVENT SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.
11.3 YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR WEBSITE/PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
In the event that any provision of these terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, We shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these terms and the remaining provisions of this Agreement shall remain in full force and effect.
The user is not entitled to assign any of its rights or obligations under this terms and conditions to any third party without our prior written consent.
For all matters involving customers of Kuwy Technology Services Pvt Ltd., this document shall be governed by, construed and enforced under the laws of India and Courts in Chennai, India shall have exclusive jurisdiction.
These terms and conditions, together with any documents expressly referred herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous oral or written communications between the parties relating in any way to the subject matter hereof.
15.1 CONSENT FORM
15.2 KUWY TECHNOLOGY SERVICE PVT LTD
By submitting this Consent Form (the "Form") you ("you", "your") provide your consent to Kuwy Technology Service Ltd ("KUWY", "we", "our" or "us") using your personal data for the purpose of Automotive Loan Origination, Loan Disbursement & RTO Name Transfer & Hypothecation.
Please take some time to read the Consent Form carefully in order to make an informed decision about whether you wish to take part in this loan origination process and consent to the use and disclosure of your personal data in the ways described below.
‘Submission’ shall mean, an entry in the Kuwy APP by the Participant, including all of the contents for Loan Origination such as KYC, Bank Statements, Credit Bureau Reports, Pay Slips, Employment Agreements, Home details, Family Details, Reference details etc.
‘Participant’ shall mean, a natural person or legal entity who enters a Submission to the loan origination.
ELIGIBILITY For Participating in Kuwy Loan Origination Process
Participation is open to individuals, Dealers & companies (“Participants” or “Loan Seekers”) who are requiring loan funds for buying/re-financing automotive vehicles in India.
Individual Participants: All individual entrants must be at least eighteen (18) years of age and older when they opt into the Kuwy Loan Origination Process.
Corporate Participants: In order for a company to enter, an authorized representative, who has the authority to bind the company, must make a Submission and agree to these Terms and Conditions on behalf of the company. The company, and not the authorized representative, will be intimated on the Kuwy Loan Origination Process.
By participating in the Kuwy Loan Origination Process through the Kuwy APP, the Participant acknowledges that Kuwy may contact Participants regarding participation in the Kuwy Loan Origination Process via email, phone, or mail, and that Participants are participating at their own expense and risk without any promises, representations, or warranties of any type, express or implied.
15.3 Participants shall:
Cooperate with Kuwy in all matters relating to the Loan Origination Process;
Provide such materials or information as Kuwy may reasonably request to carry out the Loan Origination, Loan Disbursement, RC Transfer & Hypothecation Process in a timely manner and ensure that such materials or information is complete and accurate in all material respects; and
Obtain and maintain all necessary information and consents and comply with all applicable laws in relation to the Loan Origination Process for buying or re-financing a Automotive vehicle in India.
15.4 Multi bureau:
This End User Agreement (the “Agreement”) is made between you (the “User” or “You”) and Kuwy Technology Service Private Limited, a private limited company having its registered office at Workafella - High Street, 3rd Floor, New No. 431, Teynampet, Anna Salai, Mount Road, Chennai – 600018, (“Kuwy Technology”, “Us” or “We”, which term shall include its successors and permitted assigns). The User and Kuwy Technology shall be collectively referred to as the “Parties” and individually as a “Party”.
You hereby consent to Kuwy Technology being appointed as your authorised representative to receive your Credit Information from Experian/Equifax for the purpose of facilitation of credit and retention of such Credit Information for the Individual Consumer loan lifecycle or 8 years, whichever is earlier (“End Use Purpose”).
BY EXECUTING THIS AGREEMENT / CONSENT FORM, YOU ARE EXPRESSLY AGREEING TO ACCESS THE EXPERIAN/EQUIFAX CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED AS “CREDIT INFORMATION”). YOU HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUCH CREDIT INFORMATION BEING PROVIDED BY EXPERIAN/EQUIFAX TO YOU AND KUWY TECHNOLOGY BY USING EXPERIAN/EQUIFAX TOOLS, ALGORITHMS AND DEVICES AND YOU HEREBY AGREE, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN.
Terms and Conditions:
Information Collection, Use, Confidentiality, No-Disclosure and Data Purging
Kuwy Technology shall access your Credit Information as your authorized representative and Kuwy Technology shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from Kuwy Technology. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to CICRA.
The Parties agree to protect and keep confidential the Credit Information both online and offline.
The Credit Information shared by you, or received on by us on your behalf shall be destroyed, purged, erased promptly within 1 (one) Business Day of upon the completion of the transaction/ End Use Purpose for which the Credit Information report was procured.
Governing Law and Jurisdiction
The relationship between you and Kuwy Technology shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.
Capitalised terms used herein but not defined above shall have the following meanings:
“Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai or Chennai.
“Credit Information Report” means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Experian/Equifax;
“Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian/Equifax.
“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.