Terms of Use

Understand Our Guidelines and Agreements

PLEASE READ THROUGH THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (HEREINAFTER ‘WEBSITE’). THESE WEBSITE TERMS OF USE (HEREINAFTER ‘TERMS OF USE’) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER ‘YOU’ OR ‘YOU’RE’) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

User Eligibility

The website is created by SPG Finance and available only to entities and persons who have reached the legal age and are competent to enter into a legally binding agreement(s) under the applicable laws. If you do not qualify, you are not permitted to use the Web Site.

Scope of Terms of Use

These Terms of Use govern your use of the Website and all applications, software and services (collectively known as “Services”) available via the Website, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or will be listed in association therewith or via a hyperlink associated therewith. You are prohibited from collecting the email addresses or the contact information of other users, through any means whatsoever, without authorization from SPG Finance; selling, cross-selling or distributing Services to any third party or allowing multi-user access to the Services by sharing your password and user identification; using any automated software, hardware or any other similar mechanism to access, navigate or search the website and/or mobile application; and posting or transmitting any information on the website and/or mobile application including unauthorized or unsolicited advertising, promotional materials, or any other forms of unauthorized solicitation to other users (other than the information specifically permitted/ required to be posted or transmitted under these Terms of Use, TOS and/or Additional Agreements).

Modifications / Amendments

We may, at any time, for any reason, without stating any reason, and without notice, make changes to the website, including its look, feel, format, and content (defined hereafter); the services provided through the website and the mobile application; and these Terms of Use. Any such modifications/amendments as provided in the clause above will take effect from the time they are posted on the website and/or the mobile application. By your continued usage of the website and/or the mobile application upon such changes being posted, it is assumed that you have accepted such changes.

Licence and Ownership

The website the mobile application, and each of their modules is the copyrighted property of SPG Finance and/or its third-party providers and distributors. The website and mobile application contains material, which are protected by copyright and/or other intellectual property rights. SPG Finance reserves all rights on the website and the mobile application and their content not specifically stated in TOS, additional agreements and/or these Terms of Use. Any software that is made available to download from the website and/or the mobile application (Software) is the copyrighted work of SPG Finance and/or its various third-party providers and distributors. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (License Agreement). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any software not accompanied by a License Agreement, SPG Finance hereby grants to you, the User, a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for viewing and otherwise using the website and/or the mobile application by these Terms of Use and for no other purpose. Such license may be terminated and revoked by SPG Finance at any time for any reason. Please note that all software is owned by SPG Finance and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law and may result in severe civil and criminal penalties. “SFSL ”, “spgfinance.in”, and other SPG Finance graphics, logos, taglines and service names are the intellectual property of SPG Finance. Except as specifically permitted herein, these shall not be used by the user or any other person without prior written permission from SPG Finance. All other trademarks not owned by SPG Finance that appear on the website and/or the mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SPG Finance. You may use and display any portion of the content available on the website and the mobile application (including without limitation text, graphics, software, audio and video files and photos) (Content) only on your personal computer, mobile phone, tablet or other personal device only for personal use. You may print copies of the content and store the content on your personal computer, mobile phone, tablet or other similar personal device for your personal use. SPG Finance grants you a limited, personal, non-exclusive non-transferable license only for such use. You shall not alter or modify the content in any way. You shall not use, reproduce, republish, distribute, prepare derivative works, or otherwise use the content (or any portion thereof) other than as explicitly permitted herein. You shall not remove any: (a) copyright, trademark or other intellectual property notices from any content (or from copies and/or printouts thereof); and/or (b) link to the website and/or mobile application from any place, without our written consent. You do not acquire any ownership rights to any content. Any unauthorized use of the content shall terminate the permission or license granted by SPG Finance herein. You shall not transfer the content to any other person except with the prior written consent of the company. You agree to abide by all additional restrictions about the content displayed on the website and/or mobile application, as may be updated from time to time. Notwithstanding the above, SPG Finance does not represent or guarantee that it has any right (including intellectual property rights) on the content including the right to allow use thereof by the users.

Restrictions on Use of the Website:

In addition to other restrictions outlined in these Terms of Use, you agree that:

• You shall not disguise the origin of information transmitted through the Web Site.
• You will not place false or misleading information on the Web Site.
• You will not use or access any service, information, application or software available via the Website in a manner not permitted by SPG Finance.
• You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that which infringes the Intellectual Property rights of another.
• Certain areas of the Website are restricted to customers of SPG Finance.
• You may not use or access the Web Site or the SPG Finance Systems or Services in any way that, in SPG Finance‘s judgment, adversely affects the performance or function of the SPG Finance Systems, Services or the Web Site or interferes with the ability of authorised parties to access the SPG Finance Systems, Services or the Web Site.
• You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the expressed written consent of SPG Finance. 

Communication Services and Your Information

Please note that by the Information Technology Act, 2000 and its amendment in 2008, and its applicable rules thereunder, in case of non-compliance with applicable law, the Terms of Use and/or the Privacy Policy about the access or usage of our website and/or mobile application, we have the right to immediately terminate the access or usage rights of any user of our website and/or mobile application and remove any non-compliant information. Without limiting the generality and effect of the foregoing, you undertake that you shall not host, display, upload, modify, publish, transmit or share any information on the website or mobile application that- belongs to another person and to which you do not have any rights; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially and ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; may harm minors in any way; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates an information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; In order to enable SPG Finance to use Your Information, so that we are not violating any rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use Your Information, in any media now known or that may come into existence in future. Without prejudice to our rights as aforesaid, to the extent required or permitted by applicable law, we may also collect, use and disclose your information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements. You shall solely be responsible for any loss that may be incurred by any person as a consequence of the use of/ reliance on Your Information and you agree and undertake to indemnify and hold harmless, the company, its employees, officers, affiliates, partners and group companies from all such losses. “Loss” for these Terms of Use means each loss, damage, fine, penalty, cost, expense or other liability (including legal and other professional fees) and Losses shall be interpreted accordingly.

Links to Third Party Websites

The website and/or mobile application may be linked to other websites on the World Wide Web that are not under the control of or maintained by SPG Finance. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. SPG Finance has no responsibility or liability and makes no representations whatsoever about any other website that you may have access to through our Website and/or mobile application. These linked sites are only for your convenience, and therefore, you access them at your own risk. SPG Finance shall not be liable for any loss associated with your use of such other websites. SPG Finance seeks to protect the integrity of its Website and mobile application and the links placed upon it and therefore requests any feedback on not only its Website and mobile application but also on the third-party links. SPG Finance reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. Any website or other devices that link to https://spgfinance.in or any page available therein is prohibited from:

• replicating Content,
• using a browser or border environment around the Content,
• implying in any fashion that SPG Finance or any of its affiliates endorse it or its products,
• misrepresenting any state of facts, including its relationship with SPG Finance or any of the SPG Finance affiliates,
• presenting false information about SPG Finance products or services, and
• using any logo or mark of SPG Finance or any of its affiliates, without express written permission from SPG Finance

Exclusions

Your use of the Website and the mobile application is at your own risk. Everything on the Website and the mobile application including access to a listing of and information about any Suppliers are provided to you on an “as is where is” basis and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the results and performance obtained from using the Content is assumed by you.

The Suppliers and others providing services listed on the Website or the mobile application are third parties obtaining services from SPG Finance as independent contractors and not agents or employees of SPG Finance. SPG Finance is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

The Website the mobile application and the Content contained therein could include technical or other inaccuracies or typographical errors. SPG Finance makes no representations or warranties as to the completeness or accuracy of Content. SPG Finance does not commit to updating or correcting the Content that appears on the Website and/or the mobile application.

SPG Finance makes no representations about the suitability of the information, software, products and services contained on the Website and mobile application for any purpose, and the inclusion or offering for sale of any products or services on the Website and mobile application does not constitute any endorsement or recommendation of such products or services by SPG Finance. All such information, software, products, and services are provided on an “as is where is” basis without warranty of any kind. SPG Finance disclaims all warranties, conditions and liability about this information (including, without limitation, photographs, a list of amenities and descriptions of Suppliers), software, products, and services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Information is supplied upon the condition that the persons receiving the same will make their decision as to its suitability for their purposes before use or in connection with the making of any decision. 

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT SPG FINANCE IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, SPG FINANCE SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPG FINANCE, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEBSITE, THE SPG FINANCE  SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT SPG FINANCE  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

Indemnity

You agree to indemnify, defend and hold SPG Finance, its employees, attorneys and agents, from and against any Losses asserted against or incurred by SPG Finance that arise out of, result from, or may be payable because of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you under these Terms of Use, TOS and Additional Agreements or any other liabilities arising out of your subscription to or use of the Website and/or the Mobile application. 

Terms of Termination

Subject to the provisions of this Clause, these Terms of Use shall remain in full force and effect while you use any Service in any form or capacity. SPG Finance may suspend or terminate your use of the Website and/or the Mobile application at any time at its sole and absolute discretion without serving any notice. Without prejudice to SPG Finance’s rights under these Terms of Use to suspend or terminate your use of the Website and/or the Mobile application without any reason or for other reasons specified elsewhere in these Terms of Use, SPG Finance may suspend or terminate your use of the Website and/or the Mobile Application without any notice if it believes, in its sole and absolute discretion that:

• You have breached, violated, abused, or unethically manipulated or exploited any provisions of these Terms of Use, TOS and/or Additional Agreements or have otherwise acted in an unlawful or unethical manner;
• The information/details provided by you cannot be verified or authenticated;
• Your actions may infringe on any third-party rights or otherwise result in any liability for SPG Finance and/or other Users.

SPG Finance reserves the right to recover any amount due and owning by the User to SPG Finance and/or any Supplier and take any legal action for recovery thereof as it deems necessary. Upon suspension or termination of your use of the Website and/or Mobile application, you shall have no right and we shall have no obligation thereafter to execute any of your incomplete tasks or forward any unread or unsent messages to you or any third party. Once the User’s registration or the Services are suspended or terminated, any data you may have stored on the Website and/or Mobile application may not be retrieved later. In such an event, SPG Finance shall not be responsible or liable for any loss or damage that may be caused to you as a consequence of such suspension or termination. Once the User has been indefinitely suspended or terminated, the User may not register on the Website and/or Mobile application or use the Website and/or Mobile application in any manner unless specifically permitted by SPG Finance.

Disclaimer of Warranties

SPG FINANCE MAKES NO REPRESENTATION ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE SPG FINANCE SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF THE SAME IS AT YOUR OWN RISK. THE WEBSITE, THE SPG FINANCE SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. SPG FINANCE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SPG FINANCE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE SPG FINANCE SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY SPG FINANCE IN THESE TERMS OF USE. 

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Delhi, in the Indian jurisdiction.

General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved using a written document.