Effective date: 1st April 2024
These terms and conditions contain the terms on which You(User) access and register on the LARK’s Web & Mobile technology platform (Platform), owned and managed by LARK FINSERV PRIVATE LIMITED (LARK) to avail various loan facilities offered by our different partner Banks/NBFCs through the Platform (“Credit Facilitation Services / CFS").
Kindly carefully read these terms of use. Whether or not you are a registered member of the Platform, by accessing the Platform or using this service, you indicate that you have read, understood, and agree to be bound by these terms and conditions, the privacy policy, and any other applicable law.
If you do not agree with these terms, please do not access the Platform or use this service.
For the purposes of these T&Cs, “we”, “our” and “us” shall mean LARK, and/or third-party service providers engaged by LARK to render certain Services on the Platform and ‘you’ and ‘your’ shall mean a User who meets the eligibility criteria set out below.
1. TERMS AND CONDITIONS
- We reserve the right to update or modify these T&Cs at any time. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these T&Cs, as updated or modified. For this reason, we encourage you to review these T&Cs each time you access and use the Platform and/or avail our Services.
2. PURPOSE
- LARK’s Web & Mobile technology platform (Platform) offers various loan facilities through its various Banks/NBFC partners. User can avail loans by completing the entire application process on the Platform itself. Further, the User can withdraw from the approved credit facility and repay the EMIs of the loan using the Platform itself.
3. SERVICES
- LARK will make an effort to locate a Partner who best meets your needs. You are aware that by signing the "Credit Facilitation Agreement," you have committed to using the Partner's credit/loan facility. While LARK shall make reasonable efforts to ensure that you find a suitable Partner, LARK does not guarantee that such Partners shall meet your requirements or expectations.
- The credit limit that has been granted to you will be decided by Partner and approved; further information about this will be accessible on your account. The Partner may, at its sole discretion, permit disbursements subject to this credit limit by verifying the amount of the disbursement and any additional terms and conditions of the disbursal (as decided by the Partner) as stated on the Platform and in the Credit Facility Agreement.
LARK shall provide the following facilities to you (“Services”):
- To facilitate the credit facility from the Partner and enable the execution of Credit Facility Agreement with such Partner in this regard;
- To facilitate collection of equated monthly installment (as determined by the Partner), (either directly or its affiliates or through third party service providers) from you in order to forward it to the Partner in relation to the credit facility you have obtained; and
- To create and maintain your Account in connection with the Services, on the Platform.
- LARK is the technology and operating partner to its Partner(s). As a service provider, LARK shall undertake communication, transaction and processing on behalf of its Partners. At no point, LARK is representing itself as a lending company. The Credit Facility Agreement contains all of the terms related to your credit facility with the Partner.
- LARK retains the right, at its sole discretion and as and when it sees fit, to: (i) add new services; (ii) modify existing Services; and/or (iii) remove portions of the Services. This right exists without any prior notice.
4. ELIGIBILITY
- You guarantee and represent that you are of legal age to enter into and be bound by this T&C and that you are competent. If you are not legally able to enter into contracts under the relevant laws, rules, and regulations, you are not permitted to access and use the Platform or use our services.
- You, as a User, further represent that you are an Indian national with tax residency in India in order to access the Platform and use its services. Additionally, you guarantee and represent that you do not reside in any other nation for tax purposes.
- You guarantee and represent that you are of legal age to enter into and be bound by this T&C and that you are competent. If you are not legally able to enter into contracts under the relevant laws, rules, and regulations, you are not permitted to access and use the Platform or use our services.
- You, as a User, further represent that you are an Indian national with tax residency in India in order to access the Platform and use its services. Additionally, you guarantee and represent that you do not reside in any other nation for tax purposes.
- If LARK, in its sole discretion, concludes that a transaction undertaken by a User is not authorized by that User, or that the transaction is not genuine or suspicious, we shall have the right to refuse to process the transaction through the Platform.
- If you are a representative of a company, partnership firm, or sole proprietorship, you may only access the Platform and use its features and facilities on their behalf if you have received the necessary authorization through corporate action, as may be required by law or by the charter documents of such entity, and if you have also satisfied any additional eligibility requirements that LARK may impose in relation to this.
5. REPRESENTATIONS, WARRANTIES AND UNDERTAKING
- The information and data contained in the Platform do not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services in any jurisdiction other than India.
- All information provided by you to LARK is accurate, correct and true.
- You acknowledge and agree that LARK is entitled to remove any/all the information on the Platform that is in contravention of these T&Cs.
- You hereby authorize LARK, to make any enquiries with any other finance company/bank/registered credit bureau/mutual fund RTA/Broker/Depository regarding your credit history & investment details with them, in connection with the Services under these T&Cs.
- In accordance with all applicable laws, regulations, and the terms of any agreements you may have with LARK and/or the Partner, you agree not to engage in any activities related to the Services.
- You covenant not to use the Platform for any illegal or immoral purpose, or to (i) create multiple accounts or fake accounts, (ii) create accounts fraudulently, or (iii) create accounts in multiple names.
- You acknowledge that LARK disclaims all liability for any claims made by you or any third party and that it makes no warranties for its services. In this sense, you agree to accept responsibility for the Services you use from LARK and to bear all liability for them. Additionally, you agree to defend and hold harmless LARK, its affiliates, and each of their directors, officers, employees, agents, and representatives from any losses or damages that LARK may sustain as a result of any act, omission, or claim made by you or a third party regarding the Services that you have used, or in the event that you violate these terms and conditions or any warranty.
6. COLLECTION
You agree to:
- Allows LARK (or its third party service providers), on behalf of the Partner, to send you payment reminders from time-to- time;
- Allows LARK (or its third party service providers), on behalf of the Partner, to engage in collection efforts to recover amounts that you failed to pay to the Partners, pursuant to these (i) T&Cs; and/or (ii) terms and conditions of the Partner. Among other things, these collection efforts might entail getting in touch with you directly or using any other contact information you gave when creating your account, giving your information to a collection agency, or filing a lawsuit.
7. COLLECTION OF INFORMATION
- In the course of availing Services, you authorize LARK, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with these T&Cs and with our Privacy Policy. This could entail requesting more details from you so we can reasonably identify you, making you verify that you are the owner of your email address or financial accounts, or cross-referencing your information with databases maintained by third parties or other sources. In order to help us verify your identity, you might also be asked to submit documentation. In the event LARK is unable to obtain or verify your information, LARK reserves the right to close, suspend, or limit access to your Account and/or the Services rendered. By availing the Services, you also consent to enable LARK to validate your identity and to collect information about you in accordance with these T&Cs and our Privacy Policy.
- You also provide your consent to LARK to use and share the information provided by you in connection with the Services. You also agree and consent to LARK to assess the information, based on your usage of the App.
- You will be required to provide such documents as required by us.
- In order to use the Services, you agree to only submit true, accurate, current, and complete information about yourself. You also agree not to misrepresent who you are or what is on your account. You also commit to maintaining accurate and up-to-date account information.
- The obligation to provide accurate data, including but not restricted to contact information, account details, and amounts.
- Lies solely with you. LARK shall not be responsible to verify the accuracy of the information/ details provided by you. In the event of any changes in the details or information provided by you initially, you must inform LARK of such changes within a reasonable period of time. There's no guarantee that any money deposited or credited to the wrong bank account will be recovered if you provide an incorrect bank account number. LARK disclaims all liability for any loss or harm you may experience as a result of making such a mistake.
8. INTELLECTUAL PROPERTY POLICY
- The intellectual property of us and our licensors includes all of the content on the Platform, including but not limited to all page headers, images, illustrations, graphics, audio clips, video clips, or text, reports generated, trademarks, and trade names. Both the Platform and the Platform Content are protected by copyright laws in all relevant jurisdictions.
- You are able to use the Platform, access its features and resources, and make use of its content in relation to its subject matter. Without our prior written consent, you are not allowed to copy, distribute, make derivative works of, display, or use the Platform Content, features, or facilities for commercial purposes. You can get in touch with us using the information below if you want to ask for permission to use any specific Platform Content for commercial purposes.
- LARK and its licensors, if any, are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.
9. USER ACCOUNT, PASSCODE & SECURITY
- On the Platform, you will be able to approve significant actions using a security passcode or one-time password (OTP). You are in charge of keeping your account ("Account") and the one-time password (OTP) or security passcode private. You are also entirely accountable for any actions taken with your Account. You pledge to: (a) notify us right away of any unauthorized use of your passcode, OTP, or account, as well as any other security breach; and (b) make sure you log out of your account at the end of each session. If you violate this Clause, we cannot and will not be responsible for any loss or damage you sustain.
- You now understand that submitting a formal request is the only way to have your account deactivated or your records deleted from us. To that end, LARK shall comply with all applicable legal requirements regarding the removal and/or deletion of all such information.
10. USE OF PLATFORM – FEATURES AND FACILITIES
- Through the Platform, LARK assists Users to gain access to certain credit facilities from its Banks / NBFC Partners.
- LARK hereby grants to you a restricted, non-transferable, license to access your account via the Platform’s web & mobile app interface, which you own or control, to avail of the functions and features in accordance with these T&Cs.
- When using the Platform, you will need to give us certain financial and personal information. This information will be gathered and stored in accordance with the guidelines outlined in our privacy policy, which can be found at Statement of Privacy
- If there are disagreements or conflicts between you and any third party, we won't try to mediate them or get involved in their resolution
- The name on the application will be the same as the name on file with NSDL's PAN records.
- LARK may update the Platform from time to time in order to, inter alia, increase its efficiency, optimize user interface and add new features and/or facilities.
- When you visit our Platform, we permit our affiliates or third parties to use third-party web beacons or cookies to gather certain information about you.
- If you are writing anything about LARK on social media or elsewhere, you must get permission from LARK first. We reserve the right to take severe measures against you if you publish any information about us on your website or any other third-party website without first obtaining our written consent.
- You may choose to, or we may invite you to submit comments or ideas about the Services rendered under these T&Cs, including without limitation about how to improve the Services. By submitting any such ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LARK or any of its affiliates or subsidiaries, under any fiduciary or other obligation, and that LARK will be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LARK does not waive any rights to use similar or related ideas previously known to, or developed by employees, or obtained from sources other than you.
- LARK will take all reasonably possible steps to resolve any complaints you may have about the contents (or any portion thereof), including claims that the information is inaccurate or violates the rights of third parties. However, LARK's only responsibility in this regard will be to take such content down from the Platform; the user won't be able to take LARK to court again.
11. SERVICE PROVIDERS
- Third-party service providers and individuals may be hired by us for the following purposes:
- To make our service easier to use;
- To handle service provision on our behalf;
- To carry out service-related tasks; or
- To help us with usage analysis.
- You agree that your personal information may be accessed by third-party service providers, agents, or agencies as needed to help us provide the services, and that these parties are not permitted to use the information for any other purpose. It is required of the third-party service providers to keep the information confidential and not to use it for other purposes.
12. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN INDIA
- These T&Cs are intended for Users within the territory of India and govern your rights as per applicable law within the territory of India.But if you live in a jurisdiction where Indian law does not apply, we will not be responsible for any claim, action, or right you start or exercise under the laws of that jurisdiction. As a result, we kindly ask that you use the Platform appropriately.
13. CUSTOMER COMMUNICATIONS
- By accepting these terms and conditions, you give us, our agents, representatives, affiliates, and anyone calling on our behalf explicit permission to contact you at any phone number, email address, or physical address you provided when registering for an account. You also consent to us contacting you in any way, including, but not limited to, text messages and SMS messages, WhatsApp, calls with prerecorded or artificial voicemails, calls and messages sent via automated phone dialing or text messaging, and notifications sent via the internet or a mobile app. When you or someone else answers the phone, automated messages might be played. If an agent or representative calls, they could also leave a message on your voice mail, answering machine, or send one via SMS
- You affirm, guarantee, and represent that the phone numbers, email addresses, and any other information you have given us are genuine, accurate, up to date, and complete, and that you are the owner of the information and not someone else's. By providing us with your phone number and email address, you represent that you are able to receive calls at each of those numbers and emails. You consent to inform us if you discontinue using any specific phone number(s) and/or email address(es).
- You acknowledge and agree that any applicable laws regarding the unsolicited communication listed in the Telecom Regulatory Authority of India's "National Do Not Call Registry" (the "NDNC Registry") will not apply to any calls, SMS messages, push notifications, or messages sent through the WhatsApp messenger app by LARK, its agents, employees, or associates.
- If you would not like to receive any promotional messages or communications, please contact us help@larkfinserv.com to let us know your preferences.
14. USER GUIDELINES
- In consideration of LARK granting you the rights hereunder, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&Cs and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Platform. You agree not to use the Platform in any way that could interfere with the use and enjoyment of the Platform by any third party or harm, disable, overload, or impair our server or any network(s) connected to any server. You agree not to use any method, including hacking, password mining, or other illegal means, to attempt to obtain unauthorized access to any features, other user accounts, computer systems, or networks connected to any server. You agree not to use any method to obtain or attempt to obtain any materials or information that are not knowingly made available through the Platform.
- You may only use the Platform for your own personal, non-commercial purposes. It is forbidden for you to permit any third party to: (i) duplicate the Platform or any deliverable it generates; (ii) try to replicate, copy, modify, or reverse engineer the Platform; and/or (iii) produce derivative works derived from the Platform.
- You acknowledge and agree that any actions originating from your device will be deemed to have been initiated by you. You are prohibited from duplicating, reproducing, sharing, or generating derivative works based on our content that is accessible on the platform. You also agree not to reverse engineer or reverse compile any of the technology we provide on the Platform.
- You shall request LARK, to block the Account and change the passcode/password immediately for the Account, if your Device has been lost or stolen.
- Any and all activities that take place in your account are your responsibility. You pledge to report to LARK right away any unauthorized use of the Account or other security breech. If your device is lost or stolen, or if someone gains unauthorized access to your account, either with or without your knowledge, LARK will not be held responsible for any losses that you or your company suffer as a result of your carelessness or your failure to notify LARK of these events in a timely manner.
- You shall be liable for losses incurred by LARK or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and LARK.
- LARK shall make all reasonable efforts to ensure that your information is kept confidential. However, LARK shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
- You agree to make sure that, at all times when using the functions and features, you strictly abide by all applicable laws, rules, and regulations. LARK will not be held responsible for any kind of default on your part regarding this.
- You recognize and understand that by using the Platform, you give us permission to access third-party websites that you designate on your behalf in order to obtain the information you request and to create accounts on your behalf.
- For all purposes under this agreement, you hereby grant us a limited set of powers and give us permission to substitute and resubstitute fully, for you and in your name, place, and stead, in all capacities, in order to access third-party websites, servers, or documents, retrieve information, and use your information, all as previously described. You also give us the full power and authority to carry out all acts and tasks that are required to be carried out in connection with the services and facilities that are made available on the Platform, as fully as you might or could perform in person.
- You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent, and not the agent or on behalf of the third party. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
- You hereby acknowledge and agree that LARK shall not be liable for any delay or failure of any transaction undertaken by you using our Services.
- By signing this agreement, you voluntarily, unequivocally, and knowingly consent to LARK processing, disclosing, and/or transferring your personal information, investment details, or financial information to third parties (including information that may be classified as "personally identifiable data" under the Information Technology (Resonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or other applicable laws).
15. INDEMNIFICATION
- You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Platform in violation of these T&Cs and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
- The terms of this provision will survive any termination or cancellation of these T&Cs or your use of the Platform.
16. SUPPORT
- Basic support for the Services shall be provided by LARK. LARK shall also use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which LARK shall give at least 4 hours’ notice); or (ii) any unavailability due to circumstances beyond LARK’s reasonable control.
17. WARRANTIES:
- The Platform is made available "as is" and "as available" with all of its features and functions. All warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed by us.
- We promise to use reasonable efforts to ensure that the Platform, along with its features and functions, is always accessible. We do not, however, guarantee that the Platform will satisfy your needs or that it will operate without interruption, on time, securely, or without errors. Furthermore, we disclaim any warranty regarding the outcomes that could be attained through the use of the features and functions, as well as the precision, dependability, and/or caliber of the output that is produced as a result of using them.
- If an event or a sequence of related events occurs that is outside of LARK's control, such as an internet outage, attempted hacker attack, hacker attack, denial of service attack, virus, or other malicious software attack or infection, we will not be held responsible for the loss and/or damage of the user's confidential information or data.
- It is recommended that you safeguard your passcode, one-time password (OTP), username, and password. If you make mistakes or fail to take action and your account is compromised, we won't be held responsible.
- You download any content from the Platform at your own risk and discretion, and you bear full responsibility for any data loss or device damage that may arise from downloading any such content. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&Cs.
- If a third party uses the User's financial information or personal data—including information that could be classified as "personally identifiable data" under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011—we will not be held responsible for any losses or damages that may result.
- LARK shall not be liable for any failure or delay in performing its obligations under this facility if such failure or delay (i) is directly caused by the Partner(s) acts or omission; (ii) results from actions undertaken by LARK in a reasonable good faith to comply with applicable law or to prevent fraud; or (iii) is caused by events beyond LARK’S control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of force majeure event.
18. LINK TO OTHER WEBSITES
- The links to any third party websites on the Platform are provided solely as pointers in connection with the Services, and LARK has no control over the content on such third party websites. LARK makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does LARK warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You use the link at your own risk if you decide to visit a third-party website. You further agree that any endorsement of or liability for the views, concepts, goods, information, or services provided at such sites, as well as any representation regarding the content at such third-party websites, is not implied by links to third-party websites.
19. CLOSURE OF ACCOUNTS
- In the event you do not log in to the Platform or use the Services for two (2) or more years, LARK may close your Account. However, LARK will retain your information in accordance with these T&Cs and our Privacy Policy.
20. LIMITATION OF LIABILITY
- We shall not be liable in any way for any direct, indirect, punitive, incidental, special, or consequential damages, or for any other kind of damages at all, including, without limitation, damages for lost profits, data, or use, resulting from or connected in any manner to the use, performance, or access of this Platform's features and functions, or for any delays, interruptions, etc. even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the Platform, any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the Platform, or inability to use the Platform, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. this clause shall survive in perpetuity.
21. SEVERABILITY
- In the event that any of these terms and conditions is found to be unlawful, void, or unenforceable by any applicable laws, then: (a) the unlawful, void, or unenforceable provision will be replaced with another that is not prohibited, enforceable, and, to the greatest extent possible, has the same legal and commercial effect as the original; and (b) the remaining terms and conditions of these terms and conditions will remain fully enforceable and unaffected by the illegal, void, or unenforceable provision or by its severance from these terms and conditions.
22. TERMINATION
- These T&Cs and the right to use granted hereunder shall take effect on the date you create an Account with the Platform, and shall continue in effect until termination of these T&Cs in accordance with this section.
- We may, at any time and for any reason, suspend or terminate your use of the Platform and notify you in advance of the change.
- The license and rights granted to you under this agreement will expire upon termination, and you will no longer be permitted to use the Platform.
23. WAIVER
- Any failure on the part of LARK to require performance of any provision of these T&Cs shall not affect its right to full performance thereof at any time thereafter, and any waiver by LARK of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
24. ASSIGNMENT
- You shall not assign or transfer any rights, obligations, or privileges that you have under these T&Cs, without the prior written consent of LARK. LARK reserves the right to assign its rights, obligations or privileges to third parties and you hereby agree to such assignment. Any transfer or assignment made in contravention of this clause will be regarded as void.
25. INDEPENDENCE FROM PLATFORMS
- The Platform operates separately from all other platforms that it is situated on. The Platform has no connection whatsoever to any platform operator, including but not limited to Apple, Google, Android, or any other operator (collectively, "Operators").
- The Operator's terms and conditions also apply to your use of the Platform and your access to it.
- You and LARK acknowledge that these T&Cs are concluded only between you and LARK, and not with an Operator, and LARK, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these T&Cs.
- LARK is solely responsible for providing any maintenance and support Services with respect to the Platform as required under applicable law. You and LARK acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support Services with respect to the Platform.
- You and LARK agree that LARK, not the applicable Operator, will handle any claims made by Users or third parties regarding the Platform, your access to it, or your use of it. This includes, but is not limited to: (i) any allegation that the Platform does not comply with any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and LARK agree that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, LARK and not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by LARK.
- You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your Device agreement or any wireless data service agreement).
- You and LARK agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, that Operator will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
26. UPDATES
- LARK maintains the right to update the Platform periodically to add new features, improve user interface, and boost efficiency, among other things. You will receive update packages on your device, which you can download and set up.
- You hereby agree to install the updates from time to time and acknowledge that LARK will only be able to provide Account support for the Platform if you ensure installation of all updates upon receiving notifications thereof when using the Platform.
27. VALIDITY OF T&Cs
- These T&Cs shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account and avail Services.
28. SECURITY
- It is forbidden for you to breach or attempt to breach the Platform's security. This includes, but is not limited to: o accessing data that is not meant for you or logging into an account that you are not authorized to access; o trying to probe, scan, or test a system's or network's vulnerability; o breaching security or authentication measures without the necessary authorization; o interfering with any User's, host's, or network's service.
- You agree not to abuse this platform by purposefully introducing malicious or technologically harmful materials, such as worms, trojans, viruses, or logic bombs (collectively, "Viruses"). You promise not to try to access the Platform or any server, computer, or database that is connected to it illegally. You will not use a denial-of-service attack to compromise this platform. Furthermore, you agree not to tamper with or avoid any Platform security features or features that impose restrictions on your ability to use or access the Platform, including features that scan or probe for vulnerabilities in any system, network, or breach.
- Should you breach the provisions of this Clause, you will be liable to be prosecuted under the Information Technology Act, 2000 and other applicable statutes. We shall promptly notify the appropriate law enforcement authorities of the breach, and we will work with them in their efforts by providing them with your identity. Your rights to use this Platform will immediately terminate in the event of such a breach.
- If, as a result of your use of this Platform or your downloading of any content posted on it, viruses infect your computer hardware, software, data, or other proprietary material, we will not be responsible for any loss or damage.
- You pledge to notify us right away of any occurrences involving actual or suspected illegal access, disclosure, alteration, loss, damage, or destruction of data.
- You will not obstruct other users' access to or enjoyment of the Platform, nor will you attempt to do so. This includes, but is not limited to, sending unsolicited electronic messages, or "spam," to other users; overloading, flooding, or mail-bombing the Platform; or scripting the creation of content in a way that obstructs or places an excessive burden on the Platform.
- All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. We reserve the right to suspend/terminate your Account at any time if it is found that you have been sharing the password with any unauthorized user.
29. MONITORING
- Any duly authorized employee or agent of ours in the course of their duties may monitor, examine, save, read, transcribe, store, or retransmit any electronic communications or content that is presented and/or passed to us, including that which is presented and/or passed from remote access connections. Law enforcement authorities may also assist us in our investigation of potential violations or non-compliance with applicable law. Content and electronic communications can be analyzed automatically. Furthermore, any electronic communications or content that we determine to be in violation of LARK's corporate policies and procedures may be removed from the Platform at our sole discretion.
30. GOVERNING LAW AND JURISDICTION
- These T&Cs (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the Platform, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Delhi, India, in the event of any disputes arising out of or in relation to your access to and use of the Platform.
31. GRIEVANCE REDRESSAL MECHANISM
- LARK aims to provide the best customer service through its Platform. We value customer-relationship and strive to offer an efficient and robust grievance redressal mechanism.
- If you have any questions or concerns regarding the Platform, please feel free to contact us.
- Customer Service Team (Level 1): You can reach us for any query/complaint by writing to us at help@larkfinserv.com .
Grievance Team (Level 2): If the Complaint/Grievance is not redressed by the Customer Service Centre within 7 working days, the customer shall approach the Digital Lending Grievance Redressal Officer (GRO) of the Company at below details:
Name of Grievance officer | Apoorva Paliwal |
Designation | Manager |
Address | 44 Backary Portion 2nd, Floor, Regal Building, Connaught Place, New Delhi - 110001 |
Phone Number | +91 7836005500 |
Email Id: | grievance.officer@larkfinserv.com |