- By registering with Odyssey and by using Claym media & Tech Private Limited services (referred to collectively as “Services”), you understand and agree that Odyssey will treat my use of the Services as acceptance of these terms and conditions (“Terms”) from that point onwards.
- You understand and acknowledge that ”Odyssey”, “datacultr” and domain name www.datacultr.com have been assigned to Claym media & Tech Private Limited. Claym media & Tech Private Limited owns and operates an online technology platform for the purpose of securing android device financing and smartphone as a collateral for persons to register for obtaining financial loans from financial institutions for the purpose of buying a smartphone or a loan while keeping their smartphone as a collateral. Registered Address: Claym media & Tech Private Limited, K 2043 Chittaranjan Park New Delhi 110019, India
- You acknowledge and agree that Claym media & Tech Private Limited owns all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist).
- You understand that you do not have the right to use any of Claym media & Tech Private Limited’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
- You further acknowledge that the Services may contain information which is designated confidential by Claym media & Tech Private Limited and that you shall not disclose such information without Claym media & Tech Private Limited’s prior written consent. You will not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services.
- You agree not to use the website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. Claym media & Tech Private Limited may, at its sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the app, website or the availability of the app or website itself.
- Claym media & Tech Private Limited may modify these Terms, at any time, by posting notice on the website at least ten (10) days before any modification becomes effective.
- You hereby declare that you are over 18 years of age, of sound mind.
- You hereby declare that you are a human being and not a “bot”.
- You hereby confirm to register with you to avail a loan / credit using the services provided by Claym media & Tech Private Limited.
- You hereby understand and acknowledge that the information requested is for the purposes of complying with various laws, regulations and guidelines promulgated by the Government from time to time by Claym media & Tech Private Limited or its associated partners. You further acknowledge that if you do not provide the requested information to Claym media & Tech Private Limited, Claym media & Tech Private Limited or its partners will be unable to provide or continue its / their services to you.
- You confirm that all information given to Claym media & Tech Private Limited is true, correct and not misleading. You agree to provide any additional information to Claym media & Tech Private Limited as may be required from time to time.
You hereby understand that upon clicking ‘I Accept’ you will be bound by the terms of the loan agreement in relation to the credit facility for credit worthiness, verifying identity to prevent and detect crime and money laundering. You understand and agree that Claym media & Tech Private Limited may charge you an administrative fee for facilitating the loan / credit to be availed by you and you agree to pay the same.
- You hereby understand that when you apply for a loan, Odyssey may check your records amongst other things with its own records, any information as available to Odyssey through any of its sources, those at credit reference agencies (CRAs); those at fraud prevention agencies (FPAs) for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.
- Claym media & Tech Private Limited also has the right, and obligation, to report your details to CRAs in the event that you have delayed in repaying your loan instalment.
- Accepting these T&C, implies your express consent to be contacted by us, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your account with Claym media & Tech Private Limited. You further agree to us contacting you in any manner, including without limitation, SMS messages, WhatsApp, calls using pre recorded messages or artificial voice, and notifications sent via our mobile application.
LIMITATION OF LIABILITY
- All content and services provided on the app or website are provided on an “as is” and “as available” basis. Claym media & Tech Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Claym media & Tech Private Limited makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to my circumstances; (b) the website will meet my requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the app or site will meet your expectations.
- Claym media & Tech Private Limited (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the website), or (ii) any use of the website or content, or (iii) the performance or non-performance by Claym media & Tech Private Limited or any provider or (b) any damages to or viruses that may infect your computer equipment or mobile device or other property as the result of your access to the app website or your downloading of any content on your smartphone.
You will not assign or otherwise transfer your rights or obligations under these Terms. Claym media & Tech Private Limited may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to me.
ARBITRATION AND GOVERNING LAW
The laws of India, without regard to its conflict of laws rules, will govern these Terms. In case of any legal action courts located in New Delhi, India will have jurisdiction over such matters. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
Please write to the Claym Media & Tech Private Limited, 306 ILD Trade Center Sector 47 Gurgaon India or e-mail Us your questions at email@example.com
Effective Date: April 1, 2019