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WEBSITE (CLICK WRAP)

AGREEMENT – TERMS AND


CONDITIONS
This is a site click-wrap agreement which means that by just clicking on this site, any user
gives implied acceptance to the Terms and Conditions governing this site.
A user may indicate his / her rejection, by immediately exiting or clicking cancel or closing
the window. Upon rejection, the user cannot use this site or purchase the product or service.
All the terms and conditions may not always appear on the same webpage or window.
In using this site you are deemed to have read, understood and expressly agreed to the
following Terms and Conditions which shall be binding on you:

1. GENERAL

These Terms and Conditions (‘T&Cs’) govern the use of services pertaining to Education Loan
(“Services”) which is provided by the selected Bank to its Users / Students , through web portal
facilitated by NSDL e-Governance Infrastructure Limited (“NSDL e-Gov”). These T&Cs of use
and any additional terms posted on this site from time to time which together constitute and
represent the whole agreement and understanding between the Selected Bank, NSDL e-Gov
and the persons/Users/Students who avail the Services and is to be read with the T&Cs..
All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of assistance to the Client in the most appropriate manner, for the express purpose
of meeting the Client’s needs in respect of the Company’s stated Services, in accordance with
and subject to, prevailing Indian Laws.
To avail of the Services you have to follow and comply with the Guidelines as provided on the
site of VidyaLakshmi services www.vidyalakshmi.co.in

2. DEFINITIONS

a. References to “the Company”, “Ourselves”, "We" or "Us" in these T&Cs, the Privacy Policy in
Clause 14, the Disclaimer Notice in Clause 28 herein below, and any or all Agreements, shall
mean the Company.
b. References to “Client”, “Subscriber”, "You" and “Your” refers to you, the person or the user
accessing this site to avail of the Services as offered by the Company and accepting the
Company’s T&Cs. These terms “Client”, “Subscriber” “You” etc. shall also mean “Originator” as
defined under section 2 of the Information Technology Act, 2000 and attribution of this
agreement as electronic record under section 11 of the aforementioned Act shall be construed
accordingly..
c. References to the “site" in these T&Cs are to this website and its contents.
d. The Company and the Client shall collectively be referred to as “Parties” and individually as
“Party”.
e. “Dispatch” of an electronic record occurs when it enters a computer resource outside the
control of the Originator.
f. Any use of the above terminology or other words in the singular, plural, capitalization and/or
he/she or they, are taken as interchangeable and therefore as referring to the same.
PLEASE READ THE T&Cs CAREFULLY.
By accessing, browsing or using this site and the Services, you unconditionally accept, without
limitation or qualification, the T&Cs as set forth herein. Further, by accessing any of the sub-
sites (whether belonging to an associate of the Company or otherwise) through the site, then
such sub-site may have its own terms and conditions, which are specific to such sub-site.
By agreeing to the Terms and Conditions listed herein and clicking on the “Submit”
button, I hereby consent to provide information that may be deemed as Sensitive
Personal Data or Information (SPDI) under the Information Technology Act, 2000.
I understand that my submission of the information mentioned above will be used by
NSDL e-Gov only for limited purpose of providing me the necessary services for which I
have enrolled with the Vidyalakshmi platform.
In the event that any of the T&Cs herein conflict with any additional terms or other terms
contained within any other document of the Company, then these T&Cs shall prevail.

3. ROLE OF NSDL e-Gov

The domain name www.vidyalakshmi.co.in (hereinafter referred to as the "site") is operated


and maintained by NSDL e-Governance Infrastructure Ltd., a company incorporated under the
Companies Act, 1956 with its registered office at 1st Floor, Times Tower, Kamala Mills
Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400013 (hereinafter referred to
as "NSDL e-Gov").
Upon availing the services of Education Loan from the selected Bank You shall be contracting
on a principal to principal basis with the said Bank for the services required by you. All
commercial/contractual terms are offered by and agreed to on a principal to principal basis
between the selected Bank and You as mentioned in the terms and conditions of the said Bank
to avail the services. The terms and conditions of the said Bank for providing Education Loan
including the policies and the terms of use hereunder constitute your binding.

4. SITE CONTENTS AND PROPRIETARY RIGHTS

You agree to abide by all instructions provided on this site regarding the way you may use the
Content.
a. Unless otherwise specified, the Services are only for your personal and non-
commercial use.
b. All materials of the Company and NSDL e-Gov, including but not limited to text, images,
photographs, graphics, audio, video, software, icons or other material (the “Content”)
which belong to the Company or NSDL e-Gov are protected under international
conventions, the Copyright Act, 1957, and all other applicable Indian laws, with
amendments, rules and regulations. You shall not use the Content for any purpose,
except as specified herein.
c. You acknowledge and agree that you shall not transmit, distribute, show, exchange,
modify, sell, upload post, reproduce, copy, mirror, frame, republish, download, store (in
any medium), up-load to a third party, adapt or change in any way this Content or the
Services that is/are protected by copyright or other proprietary right of a third party, or
create derivative works of the Content or the Services for any business, commercial or
public purpose without the express written authorization of the Company and NSDL e-
Gov, except to the extent that such copying/printing is necessary for the purposes of
availing of the Services on the site.
d. There are proprietary logos, Service marks and trademarks on this site either
owned/used by the Company, NSDL e-Gov or any other third party(s). By displaying
them on this site, the Company and NSDL e-Gov are not granting any license to utilize
those proprietary logos, Service marks, or trademarks. Any unauthorized use of the
Content by you may violate the extant copyright laws, trademark laws, the laws of
privacy and publicity, leading to personal liability along with civil and criminal action
against you.
e. This prohibition does not extend to:

i. Materials on this site which are expressed to be freely available for re-use or
replication, subject to any conditions we specify; or
ii. Any fair dealing for the purposes of private study, research, criticism or review.
f. Upon you agreeing to comply with these T&Cs, you shall be granted a non-exclusive,
non-transferable, limited right to enter, view and use this site.

5. PROHIBITED CONDUCT
a. You shall not interrupt or attempt to interrupt the operation of this site in any manner
whatsoever.
b. You agree not to use the Services we provide via the site to:
i. Transmit any information or do anything that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. Impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
iii. Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any information transmitted through the Services;
iv. Transmit any information that you do not have a right to transmit or which
infringes another's rights;
v. Carry out any activity which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party, in any country in the world;
vi. Carry out any activity which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data);
vii. Interfere with or disrupt the Services, servers or networks connected to the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Services; or collect or store personal data about
other users; or
viii. Transmit content:
a. Which exploits children under 18 years of age;
b. Which infringes or violates any copyright, patent, trademark, service
mark, trade name, trade secret, or other intellectual property right of any
third party;
c. Which promotes mail fraud, multi-level marketing (pyramid) schemes or
other illegal or fraudulent activities;
d. Which posts or discloses any personally identifying information or
private information about any third parties without their express consent;
e. That has been promoted through the sending of spam or mail fraud
schemes, or pages that promote or condone the sending of spam. The
sending of the same will result in an immediate suspension of the
Services availed by you.
f. That is or contains links to nudity, pornography, adult content, materials
with sex or foul language.

6. REGISTERED USER/STUDENT

Access to certain areas of the website may only be available to registered Users/Students. To
become a registered User/Student, you expressly undertake to provide only correct and valid
information/details to answer certain questions while requesting for any Services under this
Agreement.
Answers to such questions or information/details required may be mandatory and/or optional.
You represent and warrant that all information/details you supply to us, about yourself, are true
and accurate and you shall not misrepresent any facts. You hereby provide your consent to the
Selected Bank(s) and NSDL e-Gov, to share the information provided by you with their service
providers and their sub-contractor(s), strictly for the purpose of providing services under this
agreement.
At any time during or after receiving a request for Services from you, if the Selected Bank (s)
and /or NSDL e-Gov has reason to believe the same to be unauthorized, untrue or false, the
Selected Bank(s) and /or NSDL e-Gov in its sole discretion shall have the right to take any
steps against you, including cancellation for the Services paid for if any, etc. without any prior
information to you. In such an event, the Selected Bank(s) and NSDL e-Gov shall not be
responsible or liable for any loss or damage that may be caused to you as a consequence of
such cancellation of the relevant Services.

7. SUBSCRIBER RESPONSIBILITY

When you apply to use our Services, you will be asked to enroll/register by following a guided
process and then be issued a Login ID and Password. The Login ID and Password are the
means through which you access certain Services. You acknowledge and agree that it is your
responsibility to safeguard the Login ID and Password you select from any unauthorized use
and to ensure that the same is not revealed to any third party. You will immediately notify us if
your Login ID and / or Password is lost or becomes known to another person and you are
solely responsible for all access to and use of this site and you shall not let any other person
use your Login ID and / or Password or any registered user or subscriber Services.
IT IS YOUR SOLE RESPONSIBILITY TO KEEP YOUR LOGIN ID AND PASSWORD SAFE
AND SECURE AND NOT SHARE IT WITH ANYONE.
IN NO EVENT WILL NSDL e-Gov BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE
OF YOUR LOGIN ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including
e-mail and contact information. This information can be updated in your account control panel.
The fee for the Services, if any is subject to change at any time. You should make sure you are
aware of the fee for the Services / scheme using which you are availing this service, before you
avail it.
We may cancel or discontinue your use of or access to the Services without liability to for future
Services if you breach any of these terms.

8. MONITORING SITE CONTENT

However, we do not assume any obligation to monitor or censor materials.

a. If you submit material to this site, you permit us, for any reason, to:
i. monitor the content of this site, including chat rooms, electronic bulletin boards,
forums and other communications facilities, to determine compliance with these
conditions; and,
ii. Edit, refuse to post or remove any material submitted by you.
b. We reserve the right to host moderated or un-moderated forums or other web pages to
which site users can post materials ("Forums"). We are not responsible for:
i. Materials posted to Forums by third parties, whether or not we moderate those
Forums;
ii. Materials altered by us in moderating Forums; or
iii. Our removal of, or failure to remove, all or any part of those materials.

9. TERMINATION / PLAN CHANGE POLICY

Any request for changes, will be handled offline and through separate channel that can be
provided to the client on request. You are requested to contact us using contact information
given in www.vidyalakshmi.co.in/contact-us.html

a. We may terminate the Services availed by you in the following circumstances (non –
exclusive list):
i. Non-payment of fees;
ii. If you are in breach of any of these T&Cs;
iii. If your use of the Services disrupts our business operations or affects any other
party.
iv. If required by law.
b. On any of your Services being terminated, your data will be removed from the site.
c. When submitting your cancellation request, you must provide the correct username and
password for your account for verification. Incomplete cancellation requests will be
deemed invalid and will not be processed. You will be responsible for any Service fees
that arise from your failure to cancel your account.

10. RESERVATION OF RIGHTS


a. We reserve the right and sole discretion to:
i. Censor any Content on the site that is deemed inappropriate;
ii. Terminate any Services for non-payment of fees, for providing fraudulent
account information or fraudulent payment information;
iii. Terminate any Services if they result or may result in, or are the subject of, legal
action or threatened legal action against the Company or any of its affiliates or
partners, without consideration for whether such legal action or threatened legal
action is eventually determined to be with or without merit;
iv. Terminate any Services at any time, with or without notice, for conduct that is in
breach of this Agreement, for conduct that we believe is harmful to our business
or for conduct where the use of the Services is harmful to any other party;
v. Cooperate fully with any law enforcement authority in any jurisdiction in respect
of a lawful direction or request to disclose the identity or other information about
anyone posting materials which the authority claims violates any applicable law;
vi. Modify, suspend or terminate, temporarily or permanently, the access to the site
and the related services or any portion thereof at any time, without notice, for
general maintenance or for any other reason. This includes removing
information transmitted by you to us. You agree that it may be necessary for us
to temporarily suspend the Services for technical reasons or to maintain
network equipment or facilities.
b. By submitting personal information via any of the online forms on the site, you agree to
be contacted (either by phone or email) by a representative of the Selected Bank(s) or
NSDL e-Gov or its associate / affiliate.

11. LIMITATION OF LIABILITY


a. The Services provided on an "as is" and "as available" basis and the use of the
Services is at your own risk. The Services will be provided to the best of our
capabilities. However, the Services are subject to the correct and accurate information
submitted by you and the Company shall not be liable for any consequences
whatsoever arising from wrong, incomplete, inaccurate, misleading information
provided by you. We make no representations or warranties, either expressed or
implied, with respect to the Services, or any service or information provided through the
Service. We are not responsible for any damages, injury or economic loss arising from
the use of the content or Services provided by us.
b. The Services shall be provided subject to and based upon the details and/or
information as provided by you. In case the details are inaccurate and do not comply
with the Guidelines, the Company shall have no liability whatsoever.
c. We, our officers, directors, owners, agents, employees and NSDL e-Gov shall in no
way be liable to you or anyone else for any direct, indirect, incidental or consequential
damages or economic loss or injury resulting howsoever arising, whether in contract,
tort or otherwise from your use or inability to use this site, or any of its contents, or from
any action or omission taken as a result of using the Services or in connection with this
site, any other services or products provided to you or any other website to which this
site is linked. This includes (but is not restricted to) loss or damage you might suffer as
a result of any of the following:
i. Your reliance on the completeness, accuracy, suitability or currency of the site
or its content (including third party material and advertisements on this site),
irrespective of any verifying measures taken by us. This site is designed for
general interest only. It is not advice and you should not rely on it;
ii. Failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other
harmful component, loss of data, communication line failure, unlawful third party
conduct, or theft, destruction, alteration or unauthorized access to records;
iii. The provision of credit card or other financial information, the failure to complete
(or delay in completing) any transaction, or other loss or damage arising from
any e-commerce transacted or attempted to be transacted on this site;
iv. Defamatory, threatening, offensive or unlawful conduct of third parties or our
publication of any materials relating to or constituting such conduct.
d. Further, the Company and NSDL e-Gov shall not be held liable for any damages or
economic loss, whatsoever, as a result of notifying any official of potentially illegal
content on the site, or for providing copies of your data files to the appropriate
authorities or cooperating with law enforcement efforts to locate persons who have
posted content that is illegal or promotes illegal conduct.
e. However, nothing contained in the Clause shall exclude or limit our liability which
cannot be excluded or limited under applicable law.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless NSDL e-Gov and/or its affiliates, their
websites and their respective lawful successors and assigns from and against any and all
losses, liabilities, causes of action, claims, demands, damages, costs and expenses, including
reasonable legal fees and interest chargeable, brought by third parties as a result of :-

a. Any breach or non-performance of any representation, warranty, covenant or


agreement made or obligation to be performed by you pursuant to this agreement;
b. Violation of any law or rights of a third party by you; or
c. Use of this site by you.

You shall be solely and exclusively liable for any breach of any country specific rules and
regulations or general code of conduct and NSDL e-Gov cannot be held liable for the same.

13. CONFIDENTIALITY

Any information specifically mentioned by NSDL e-Gov as confidential shall be maintained


confidentially and shall not be disclosed unless as required under any law to the appropriate
authorities or to serve the purposes of T&Cs and the obligation of the parties concerned.

14. PRIVACY POLICY


We are committed to protecting your privacy. Our Privacy Policy sets out our obligations with
respect to the safeguarding, collection and use of the personal information of our Clients.
Authorized employees, representatives and use any information collected from individual
Clients on a need to know basis only. We periodically review our systems and data to ensure
the best possible service to our Clients.
We take appropriate steps to protect the information you share with us. We have effective
technology and security features and strict policy guidelines to safeguard the privacy of your
personally identifiable information from unauthorized access, misuse and disclosure.
Email newsletters will only be sent directly by the Company. Subscriber information will not be
disclosed or sold to any third parties.
The Company will continue to reinforce its security procedures as advanced technology
becomes available, to ensure that its security procedures are compliant with current applicable
regulations.
If our Privacy Policy changes in the future, it will be posted here and a new effective date will
be shown. You should access our Privacy Policy regularly to ensure you understand our
current policies.

15. COOKIES

The Company’s interactive site uses cookies to enable us to retrieve user details for each visit.
Cookies are used in some areas of our site for enabled functionality of this site.

16. THIRD PARTY ADVERTISEMENTS AND LINKS


a. We may provide links to other websites for your convenience. We do not take
responsibility or endorse the content of those websites and are not liable for their
availability or for any loss or damage incurred by the use or non – use of such
websites. You may access such websites at your own risk. Further, if you avail of any
goods or services from such websites, your contract for the supply of those goods and
services will be with the third party operating that website.
b. Certain parts of this site may contain advertising. We are not responsible for the
content of any advertising material or any errors or inaccuracy in any advertising or
sponsorship, which is the responsibility of the advertiser. We partner with third-party
advertising companies to serve ads and/or collect certain information when you visit our
website. These companies may use cookies or web beacons to collect non-personally
identifiable information [not including your name, address, email address or telephone
number] during your visit to this website in order to help show advertisements on other
websites likely to be more interesting to you. You hereby provide your consent for the
above arrangement.

17. TERMS OF TRADE

If you avail of the Services from us through this site, the following conditions apply (in addition
to, and to the extent these conditions are consistent with, any terms or conditions relating to the
Services appearing elsewhere on our web pages or otherwise the subject of an agreement
between us):
a. Your order is an offer to avail of the Services which we may accept, in whole or in part,
by providing the same to you. Any acknowledgment of your order is only to confirm
receipt of your transmission, notwithstanding that it might state or imply that your order
has been accepted;
b. Where the Services offered through this site are supplied by third parties, we are an
ordering intermediary only and are not responsible for those Services or their delivery;
c. The fee is as stated on this site at the time of the order, expressed in Indian Rupees
unless otherwise indicated;
d. Unless otherwise stated, the fee excludes any applicable service tax and delivery and
insurance charges;
e. The provision of Services to you does not confer on you any intellectual property rights
(such as marks, designs, copyright or patents) inherent in the Services supplied;
f. Services available through this site are subject to change at any time without notice.
Listed Services may not be available immediately or at all. Further, the fee of the same
may change; and
g. You authorize us to charge your nominated credit card or other electronic payment
facility accepted by us with the full fee, applicable service tax and delivery and
insurance charges.

18. CANCELLATION/TERMINATION POLICY

Once the Services are opted by you, no refund of amount is permitted.


Both, the User/Student & NSDL e-Gov, have the right to terminate any Services for any reason,
including ending of Services that are ongoing. No refunds shall be allowed and offered, where
a Service has been initiated.

19. FORCE MAJEURE

We shall not be liable for any delay, interruption or failure in the provisioning of Services if
caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power
failure, the inability to obtain equipment, supplies or other facilities or other similar events
beyond our control that may prevent or delay the provisioning of Services.

20. UNENFORCEABLE PROVISIONS

If any part of this Agreement is found to be invalid or unenforceable under the applicable laws,
such part will be ineffective to the extent of such invalid or unenforceable part only, without
affecting the remaining parts of this Agreement in any way.

21. AMENDMENT

We may, in our sole discretion, change or modify this Agreement at any time, with or without
notice. Such changes or modifications shall be made effective for all Users / Students upon
posting of the modified Agreement to the site. You are responsible to read this document from
time to time to ensure that your use of the Services remains in compliance with this Agreement.

22. AGE OF MAJORITY


We do not accept agreements and payments from persons below the legal age of 18 years. By
submitting your account application, you confirm that you are over 18 years of age or you are
the parent or legal guardian of the applicant and have accepted this Agreement on his / her
behalf.

23. WAIVER

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of
any other provision nor shall such a waiver constitute a continuing waiver unless otherwise
expressly provided in writing duly executed by the party to be bound thereby.

24. ENTIRE AGREEMENT

This Agreement, as may be updated from time to time and posted


at www.vidyalakshmi.co.in represents the complete agreement and understanding between us
with respect to the Service and supersedes any other written or oral agreement.

25. NOTICES

You agree that, unless other instructions are posted on this site, any notices required to be
given under this Agreement will be deemed to have been given if delivered by email or fax, or
sent by registered mail or by courier to each of the parties in accordance with the most current
contact information you have provided to us, and the contact information for NSDL e-Gov as
posted on the site. All notices shall be effective upon receipt, except that email and fax notices
shall be effective upon transmission.

26. GOVERNING LAW AND DISPUTE RESOLUTION


a. The rights and obligations of the parties pursuant to this Agreement are governed by
the laws of India. For any dispute or difference, you irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the Courts in Mumbai.
b. You may be subject to other local, provincial or state and national laws in India.

27. NO ADVICE GIVEN

If you require specific advice for your individual circumstances, consult an appropriate expert
directly. Do not rely on the general material on this site. We will endeavour to assist you if you
specifically inquire about matters in which we have expertise, but cannot accept any
responsibility for doing this.

28. DISCLAIMER NOTICE

THIS WEBSITE AND ITS CONTENTS ARE FOR YOUR NONCOMMERCIAL AND
PERSONAL USE ONLY. NSDL e-Gov MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, DOES NOT ASSUME
RESPONSIBILITY FOR OR MONITOR CONTENT ON ANY PAGES/WEBSITES THAT ARE
NOT PART OF NSDL e-Gov, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY AND FITNESS FOR PURPOSE RELATING TO THIS WEBSITE
AND/OR ITS CONTENT AND/OR ANY WEBSITE TO WHICH IT IS LINKED ARE HEREBY TO
THE FULLEST EXTENT PERMITTED BY LAW EXCLUDED. NO REPRESENTATIONS OR
WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE
INFORMATION PROVIDED ON THIS WEBSITE, OR ANY WEBSITE TO WHICH IT IS
LINKED.
NSDL e-Gov shall not be responsible for any loss, liability, damage (whether direct, indirect or
consequential), personal injury or expense of any nature whatsoever which may be suffered by
you or any third party as a result of or which may attributable, directly or indirectly, to your
access and use of the Services and on account of your giving deliberate false and/or
misleading information to avail of the services by you. Entering this site and/or registration for
Services, availing of the Services from this website will be taken as your understanding and
acceptance of this disclaimer.
THE USE BY US OF ANOTHER’S TRADE MARK ON THIS SITE IS NOT OF ITSELF
INTENDED TO INDICATE ANY ASSOCIATION WITH OR ENDORSEMENT BY OR OF THE
OWNER OF THAT TRADE MARK.