Terms of Use

Mirae Asset Financial Services (India) Private Limited (hereinafter “MAFS” or “We/we” or “us” or “Our/our”) is the owner of the site www.miraeassetfin.com (“Site”) and the mobile application ‘m,Finance’ (“App”) (collectively, “Platform”). Your access to the Platform and the contents available thereon and use of any or all services made available by MAFS are subject to the Terms of Use (“Terms”) stipulated hereunder. Please read these Terms carefully before using the Platform or Services offered by us. By clicking the tab “I AGREE” or “I ACCEPT”, you hereby indicate your acceptance of these Terms.

The capitalised terms used in this document shall have following meanings ascribed to them.

“Additional Conditions” shall refer to Privacy Policy and such specific terms and conditions accompanying the Services to be offered by MAFS through its Platform.

“Applicable Law” shall mean laws of India relating to the subject matter of the Terms and Services provisioned by us pursuant to the Platform.

“Content” shall refer to any and all information, image, data or any other details on the Platforms whether currently available or as may be updated on the Platform from time to time.

Services” shall mean services offered by MAFS through its Platform.

“User” or “you” shall refer to any person that wishes to access the Platform or creates an account on the Platform or avails any Service offered by us in accordance with these Terms either for himself/herself or for the benefit of any minor or third party. Wherever the User permits any minor or third party to avail of the Services, the expression “User” or “you” as used in these Terms shall be deemed to refer to such minor or third-party user by implication. 

1. Legal Capacity And Responsibility
  1. The Terms are a legal binding contract between you and MAFS. This document is an electronic record in terms of Applicable Law, (including but not limited to the Information Technology Act (2000) of India and rules thereunder), as applicable, and the provisions pertaining to electronic records in various statutes and laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I Accept” button, or by installing the Application on your device, or by accessing the Platform or Service, you consent to be bound by these Terms. Please ensure that you read and understand all these Terms before you use the Platform or avail any of our Service. If you do not accept any of the Terms, then please do not use the Platform or avail any of the Services being provided by us. Your agreement to these Terms shall operate as a binding agreement between you and MAFS in respect of the use of the Platform and Services.
  1. You confirm that you are legally competent to enter into this agreement and a citizen of India or an entity incorporated / registered in India in accordance with Applicable Laws. While we intend to provide the Services across all geographical locations in India, in some cases, MAFS, at its sole discretion, may not provide / be able to provide the Services in some regions due to legal, commercial, business, technical or any other reasons as may be relevant.
  1. Where the User enters into this agreement for the benefit of any minor or third party and allows such minor or third party to avail of the Services, the User shall be deemed to have read, understood and agreed to these Terms and Additional Conditions and further that the Users shall at all times be liable for any and every action or omission of such minor or third party user of the Services.  Wherever applicable, the User shall be liable for all conditions, consents, obligations, notices and covenants contained in these Terms notwithstanding the fact that actual user of the Services may be a person/persons other than the User.
  1. While Users below the age of 18 may be able to access the Platform, we intend to provide Services to persons of 18 years and above. Protecting children's privacy online is extremely important to us. If you are a User under the age of legal majority in India, you shall not access the Platform without the consent of your parent or guardian. If you are the parent or guardian of a child and you believe that we have inadvertently received data about your child without your permission / consent, please contact the Grievance Officer whose contact details are set out in our Privacy Policy. We will delete the data from our records as soon as possible.
2. Registration
  1. In order to use the Services, we require you to register and create an account on the Platform.  A User shall not be permitted to create more than one personal account. To create an account, User must provide their name, a valid mobile number and e-mail address (i.e., “User ID”), and select a password / 4-digit pin during the registration process (collectively, “Registration Details”) which MAFS may use in connection with Services and future operation of its business. MAFS will keep Registration Details private in accordance with their Privacy Policy.
  1. User must provide true, accurate, up to date and complete information and not withhold any material/ relevant information from MAFS. User shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as User ID a name that is otherwise offensive, vulgar or obscene. User shall also immediately notify MAFS in case there is any change in the information earlier submitted to MAFS. In the event that MAFS later discovers that the information provided by a User are not true, accurate, up to date and complete, it reserves the right to terminate such User’s right to access and use Services forthwith, without any liability whatsoever.
  1. User is solely responsible for any activity that occurs on their account and shall be responsible for maintaining the confidentiality of their User ID and password. User undertakes to immediately notify MAFS in writing in case of any unauthorized use of your account, or other account related security breach of which you are aware.
3. SERVICES
  1. Through the Platform, we endeavour to provide the following Services to the Users:
  1. Loan applications: We enable Users to apply for loans such as loan against shares, loan against mutual funds and personal loans in accordance with the specific terms and conditions of the loan, eligibility criterion, credit score evaluation, ‘Know-Your-Customer’ (KYC) verification, etc.
  1. Loan processing and managing: We allow Users to track their loan applications and other service requests related to their applications or existing loans. We also provide related services such as offers from time to time, loan calculator for calculation of loan repayments and interest amounts, viewing status of existing loans, etc.
  1. Providing information about our group entities: We may also provide certain information about our group entities on the Platform including their products and services from time to time.
  1. Grievance redressal and customer service: In order to provide you seamless Services, we aim to provide contact information and interaction facilities for grievance redressal and resolving customer queries / concerns.
  1. Information about career opportunities with us: We may publish about potential career opportunities with us from time to time. Publication of such opportunities and conditions for selection will be in the sole discretion of MAFS.
  1. Information / FAQs about our Services: We may also provide some information and responses to frequently asked questions on our Platform. We may revise responses at any time in our sole discretion and the same may be considered our response to the query. However, responses to the FAQs are indicative only and not binding on us.  
  1. Please note that many of our Services require you to be above the age of 18 in accordance with Applicable Laws. Therefore, we will not be able to offer such Services to you without the age / identity verification as required by Applicable Laws.
  1. Please note that we do not provide any guarantee or promise to provide you the Services on the Platform. Certain Services are subject to specific terms and conditions and KYC verification, credit score evaluation, repayment ability, security furnished, etc. The policies, terms and conditions may vary based on the type of Service. Users are advised to carefully read such policies, terms and conditions.
  1. In some cases, we may enter into arrangements (such as co-lending arrangements) with third parties (such as lending partners, loan aggregators, etc.) for loan sourcing, portfolio management and other Services as may be required. Such Services are subject to their respective policies, terms and conditions.
  1. We may also have arrangements with third parties, business partners and other service providers to assist us in providing the Services, maintaining the Platform, providing offers, loyalty benefits, reward points and customer care services, etc.
  1. By agreeing to the Terms, you expressly agree and acknowledge that MAFS or our authorized partners/service providers may send transactional, promotional and other service communications. For avoidance of doubt, you will have an option to unsubscribe from these emails or messages or revoke your registration with us at any time.
4. WITHDRAWAL OR CHANGE IN SERVICES AND TERMS
  1. MAFS may, at its absolute discretion, make changes, suspend or terminate/replace any Service at any time at its sole discretion including for reasons that may include modification or upgradation of the Services, technical reasons, legal and compliance reasons, etc. To the extent possible, adequate advance notice of any such change/suspension/termination/replacement shall be provided on the Platform.
  1. MAFS reserves the right to change/ modify the information provided on or via this Platform, including these Terms and Additional Conditions, at any time and without notice. It is recommended that you review the information provided on or via the Platform, including these Terms and Additional Conditions, regularly for any changes. MAFS or any of its subsidiaries/ affiliates shall not be held responsible in any manner whatsoever in this regard.
5. UNACCEPTABLE USAGE AND CONSEQUENCES
  1. User agrees and acknowledges that if they are lower that eighteen (18) years of age and intend to use Services, they may only do so under the supervision and control of their parents and/or guardians.
  1. User agrees to use Services in compliance with Applicable Laws, rules and regulations, for lawful purposes only. User is solely responsible for the knowledge of any and all laws, rules, and regulations pertaining to their use of Services.
  1. In case User accesses or uses Services from a geographical territory or jurisdiction where the access or use of Services is prohibited by MAFS, they do so at their own risk and solely undertake to comply with all local laws, rules and regulations. MAFS shall not be held liable in any manner whatsoever in this regard. Please refer to MAFS’ website periodically to check if MAFS is providing Services in your area.
  1. MAFS may enable messaging, chat bots, emails, calls etc. from the Platform for better customer use and experience. Such features will only be enabled for facilitating use of the Services by the User and are not intended to act as a social media network.  User shall not (or permit others to) upload, download, post, submit or otherwise distribute or take any action to facilitate distribution of any information or material on Services, that:
  1. Belongs to another person and to which User does not have any right to;
  2. Is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. Is harmful to child;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Violates any law for the time being in force;
  6. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. Impersonates another person;
  8. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
  9. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  10. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  11. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
  12. Encourages money laundering or gambling;
  13. Advertises to, or solicits, any other user of the Services to buy or sell any products or services through the Services.
  1. User agrees that they will not use any robot, spider, crawler or other automatic device, process or means to access the Platform or use Services for any unlawful purpose or in violation of these Terms.
  1. User agrees that they will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  1. User is solely responsible for all service, telephony, data charges and/or other fees and costs associated with their access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
  1. User agrees that they shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent Applicable Laws specifically prohibit such restriction, (b) modify, translate, or otherwise create derivative works of any part of Services, (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, (d) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services, or (e) engage in overlaying or otherwise modifying the Services or their appearance.
  1. User agrees that they shall not: (i) take any action that imposes or results in imposing (as determined by MAFS in its sole discretion) an unreasonable or disproportionately large strain on MAFS’ infrastructure; (ii) interfere or attempt to interfere with the proper working of Services or any activities conducted on Services; (iii) bypass any measures (including without limitation, security features) that MAFS may use to prevent or restrict access to the Services, monitor the Services’ availability, performance or functionality for any competitive purpose.
  1. User agrees that they shall not to use the Services to recruit, solicit, or contact in any form, potential users for employment or contracting for a business not affiliated with MAFS without prior written permission from an authorised representative of MAFS, which may be withheld in MAFS’s sole discretion.
  1. In the event you have engaged in any of the aforementioned activities, MAFS reserves the right to limit your use of the Services, including your access to the Platform. Further, MAFS reserves the right to restrict, suspend, or terminate your account if you may be in breach of this agreement or any law in force or are generally misusing the Services.
6. PAYMENT AND CHARGES
  1. User agrees to pay and will be responsible for any outstanding payment pursuant to the Services, including any third-party services, on the Platform. If User provides any financial information to pay for the Services or facilitate such payments, the User represents and warrants that they are authorized to supply such information and hereby authorize MAFS to charge such amount as required.
  1. If payment fails or Service Fees are overdue other than for a reason attributable to MAFS, then MAFS may collect fees owed using other collection mechanisms. These may include charging other payment methods on file with us and/or engaging collection agencies and legal counsel. Pending resolution of any payment dispute, User’s access and use of Services shall remain suspended.

7. ONLINE PAYMENTS
  1. The online payment system is provided by MAFS. MAFS may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms. The country of domicile for MAFS is India.
  1. Terms & Conditions for Online Payments:  
Please read these terms carefully before using the online payment facility. Using the online payment facility on this website or other digital channel indicates that you accept these terms. If you do not accept these terms do not use this facility.
All payments are subject to the following conditions: 
  • The description of services of match making are specific to your need, when you log in with your unique credentials. Normally payment is required in advance (i.e. before you commence your activity).
  • All Fees quoted are in Indian Rupees. MAFS reserves the right to change the fees at any time.
  • Your payment will normally reach MAFS account to which you are making a payment within two working days.
  • We cannot accept liability for a payment not reaching the correct MAFS account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
  • If the card supplier declines payment the MAFS is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
  • In no event will the MAFS be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages.
  1. Refund Policy
  • If the Customer leaves MAFS page before they complete their service period, there shall be no entitlement to a refund of paid service fees.
  • Refunds, if applicable, at the discretion of the Management, will only be made to the debit/credit card used for the original transaction. For the avoidance of doubt nothing in this Policy shall require MAFS to refund the Fees (or part thereof) unless such Fees (or part thereof) have previously been paid.

8. INTELLECTUAL PROPERTY RIGHTS
  1. Nothing contained on the Platform maybe construed as granting any license or right to use any Intellectual Property of without the prior written permission of MAFS. User’s access to the Platform and use of the Services shall not be construed as granting any right to User to make any claim in respect of the Intellectual Property rights owned by MAFS or those that may be owned by MAFS in future.

  1. For clarity, “Intellectual Property” means all intellectual property rights (“IPR”), including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of an equivalent nature anywhere in the world. Each party shall at all times retain title in its own pre-existing IPR, and any enhancements, modifications, or derivatives thereto.  Title to all IPR in or related to the Platform, including updates, upgrades, new versions and new releases, shall remain with and owned by MAFS. These Terms do not convey to you an interest in or to MAFS’ IPR and/or the Platform, except for a limited right to use the Platform, in accordance with the terms of this Terms. You acknowledge that any unauthorized use of the MAFS IPR could result in irreparable harm to the owner of the IPR for which damages would not be an adequate remedy, and therefore MAFS shall be entitled, without waiving any other rights or remedies, to an injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

9. Indemnification
  1. By accepting these Terms and using the Service, you agree that you shall defend, indemnify and hold MAFS, its affiliates, partners and each of their officers, trustees and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms, Additional Conditions or any Applicable Law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of the Platform or Service.
10. Termination & Closure Of Account
  1. MAFS reserves the right to suspend or terminate your use of the Platform and the Services at any time, without notice and in its sole discretion, if you are found in violation of the Terms, the Additional Conditions or any Applicable Laws.
  1. On termination of this agreement, you lose the right to access the Platform or use the Services.
  1. Subject to these Terms, MAFS shall have the right to use information provided by you even after the termination of this agreement and closure of your account as may be required pursuant to any Services availed by you or under Applicable Laws, without any liability to pay any fee, royalty or any charges whatsoever.   
  1. The conditions for termination of this agreement as stipulated herein shall always be subject to any additional agreement(s) that MAFS may enter into with you in relation to the Services.
11. Promotions, Third Party Websites And Content
  1. Services may provide links to other websites or resources available on the internet including promotional content, links to products and services of our affiliates and partners, etc. (“Third Party Content”). Access to such Third Party Content shall be subject to and governed by the rules and regulations, terms and conditions, privacy policies, etc. of such external platforms / links.
  1. User further acknowledges and agrees that MAFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content.
12. Disclaimer Of Warranties And Limitation Of Liablities
  1. All services are provided on an “as is” basis. MAFS does not warrant that the services or its software will be error-free or that all non-conformities can be corrected. MAFS makes no implied or express representations or warranties, with respect to its services or the platform including without limitation any services, content or information made available on the platform. MAFS does not make any representations or warranties with respect to any third party content, express or implied. User acknowledges that such information and materials may contain inaccuracies or errors and MAFS expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. User acknowledges and agrees that their use of any information or materials on this platform is entirely at your own risk, for which MAFS shall not be liable in any manner whatsoever. MAFS does not warrant that the services will be uninterrupted and seamless. Access or use of services may be suspended or made unavailable due to reasons including maintenance and technical errors.
  1. In no event shall mafs, nor its directors, employees, agents, or partners, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services whether provided by mafs or any third pary on the platform including (A) For any failures, delays, or interruptions in the delivery of any content or services (B) For any errors or omissions arising from the use of services (C) For any loss or damage of user data due to reasons beyond the control of mafs including technical errors, attempted hacking, hacking or phishing attacks, viruses or other malicious software (D) For any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services arising from (I) Errors, mistakes, or inaccuracies of services, or (II) Personal injury or property damage, of any nature whatsoever, resulting from user’s access to the platform and use of the services including any transactions undertaken on the platforn, (II) For any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (E) For any direct damages in excess of (in the aggregate) inr 1000 (indian rupees one thousand).
13. Grievance Redressal
  1. In case You have any concerns regarding MAFS, please contact: grievance@miraeassetfin.com
LEVEL1

We are committed to resolving your queries/issues, you need to raise such requests using our digital platforms.

LEVEL2

We are committed to resolving your queries/issues within 7 working days. If you do not hear from us within this time, or you are not satisfied with our resolution of your query, the customer may email us @ grievance@miraeassetfin.com

LEVEL3

If the customer is not satisfied with the resolution provided at Level 2, the customer may post his/her complaint/query to the Nodal Officer/Principal Nodal Officer as per the region defined.

LEVEL4

MAFS have appointed an Internal Ombudsman for Pre-paid Payment Instruments (PPI). As per the company guidelines if any complaint raised by customer is fully or partially rejected by company those case will be moved to Internal Ombudsman.

The customers of the Company will not have direct access to Internal Ombudsman.

LEVEL5

If the customer is not satisfied with the redressal provided or have not received a response from MAFS within 30 days of lodging a complaint with MAFS from the abovementioned matrix, the customer may approach Reserve Bank of India, Office of the Ombudsman for Digital Transactions for Grievance Redressal

Details of the scheme are available at

https://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=3631

14. Miscellaneous
  1. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  1. Severability. If any provision of these Terms of Use is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.
  1. Notice. Any notice or other communication to be given hereunder to us will be in writing and given by facsimile, registered or certified mail return receipt requested, or electronic mail.
  1. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other.
  1. Entire Agreement: Save and except as stated hereinafter, these Terms and the Additional Conditions collectively constitute the entire agreement and understanding between you and MAFS and supersede any prior arrangement or understanding that you may have with us.
  1. Governing law and jurisdiction: These Terms and Additional Conditions shall be governed by the laws of India. Any dispute arising out of or in connection with these Terms and Additional Conditions shall be subject to the exclusive jurisdiction of Courts in Mumbai, India.