Pennant reserves the right to modify these Terms from time to time without prior notice, and each such modification shall be effective upon posting on the Website. Pennant may, in its sole discretion, inform the Users of such changes through e-mails, notices posted on Website, or through other means available through its Services. User’s continued access or use of lbitPro following any alteration to the Term of Use will constitute User’s unqualified acceptance to such alterations. It is, therefore, important that User reviews these Terms regularly. If User does not agree to be bound by these Terms, other policies on the Website and all applicable laws, he/she must discontinue use of lbitPro immediately. Notwithstanding anything to the contrary in these Terms, Pennant reserves the right to accept or reject a User from registering on lbitPro without assigning any reason thereof.
lbitPro is not intended for Users below the age of 18 years. The User confirms that he/she is above the age of 18 years and competent to contract under the Indian Contract Act, 1872. Pennant reserves the right to terminate your membership and / or refuse to provide you with access to lbitPro if it is brought to Pennant’s notice or if it is discovered that you are under the age of 18 years. By using the Services, the User represents and warrants the following:
1. The User has right, authority, and capacity to enter into these Terms
2. All information submitted by the User is truthful and accurate
3. The User is neither a competitor of lbitPro nor is using the Services for reasons that are in competition with lbitPro
4. The User is entitled to submit the information to lbitPro and that such information is not confidential, and not in violation of any contractual restrictions or other third party rights
5. The User understands and accepts that the accuracy and completeness of the information they provide determines the value and usefulness of the results
6. The use of the Services by User does not violate any applicable laws
Use of lbitPro
1. User will not copy or distribute any part of lbitPro in any medium
2. User will not alter or modify any part of lbitPro other than as expressly authorized and then only for such express purpose
3. User will otherwise comply with these Terms
4. User will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of lbitPro, the proper operation of lbitPro, the features that prevent or restrict use or copying of any content or enforce limitations on use of lbitPro therein, or interfere with any activity being conducted on lbitPro
5. User will not violate any laws, third party rights, or lbit’s policies
6. User will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
7. User will not distribute, host, or post spam, chain letters, pyramid schemes, viruses, unsolicited emails or any other technologies that may harm lbitPro, or the interests or property of other Users;
8. User will not harvest or otherwise collect information about other Users, including email addresses, without their consent;
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employees, members, or officers of lbitPro by the User may result in immediate account termination.
A User may register himself/herself on lbitPro receive the Services on the basis of the information supplied by such User. In order to use the Services of lbitPro, User must complete the registration process by providing lbitPro with current, complete and accurate information as prompted by the registration form on the Website. The decision to provide information to lbitPro is purely optional; however, if User elects not to provide such information, he/she may not be able to access lbitPro. User will also be required to choose a username and password at the time of completing the registration process. The Users will be solely responsible for maintaining the confidentiality of the username and password and for restricting access to their computers, mobile devices, or other internet access devices so that others may not access the password-protected portion of the Services using User’s name and password. However, it shall be noted that while providing the Services, lbitPro will not share any User’s personally identifiable information with any third party without the User’s express permission.
The User is entirely responsible for any and all activities that occur under his/her account. User agrees to: (a) immediately notify Pennant of any unauthorized use of their username and password or any other breach of security; and (b) ensure that they have logged off from their account at the end of each session. Pennant will not be liable for any loss that the User may incur as a result of someone else using his/her password or account, either with or without such User’s knowledge. However, the User could be held liable for losses incurred by Pennant or another party due to someone else using the User’s account or password. Pennant reserves the right to refuse the User’s access to lbitPro, terminate accounts, remove or edit content at any time without notice to the User.
Subject to the Terms contained herein, Pennant provides a range of Services through lbitPro. The Services shall include providing easy access to the User to various products and services of the banks/financial institutions through lbitPro and suggesting a particular product/service of such banks/financial institutions based on the information provided by the User.lbitProcompares the information provided by the User with the pre-determined qualifying criteria for availing a particular product/services of various banks/financial institutions, based on which a User gets recommendations/suggestions if he/she qualifies for availing such product/service. Based on the suggestions made by lbitPro, the User may choose to avail any particular product/service offered by any bank/financial institution listed on lbitPro.
The User acknowledges and agrees that the User’s usage of any Services provided by lbitPro, does not create any obligation on Pennant with regard to the products/services offered by banks/financial institutions and that Pennant is by no means recommending to the User any particular product/service offered by the banks/financial institutions at its sole discretion or based on its review on such products/services. User acknowledges that a recommendation of a particular product/service by lbitProProsolely depends on the qualifying criteria set by the financial institutions. User also agrees that Pennant is acting only as an intermediary and is not guaranteeing in any manner that the banks/financial institutes shall provide or sell the products which are suggested by lbitPro as a part of the Services.
On registering with lbitPro for the use of any Service, the User shall be provided a unique transaction identification number (“Transaction ID”) for each such Service opted for by the User. The Transaction ID shall then be used for and in all future correspondence and communication between lbitPro and the User with regard to the said Service.
The User may also be provided a facility to store all documents pertaining to the Services opted for by the User. Such a facility may be provided to the User based on the Terms contained herein, and unless otherwise stated, shall be for the duration of the Service.
Pennant does not make any claims or representations regarding the accuracy, currency or completeness of the data and information available on lbitPro. All information, data, text, images, videos, web layout, source code and object code of the software used for or in relation to lbitPro including the look and feel of lbitPro (“Content”) is the exclusive copyright of Pennant under the Indian Copyright Act, 1957, depicted as “© Pennant fin Services Pvt. Ltd. All Rights Reserved”. lbitPro or any portion of lbitPro (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Pennant and / or its affiliates.
lbitPro (including the ‘lbit’ logo), Web address and all related logos (collectively the "Pennant Trademarks") are trademarks or service marks of Pennant. Nothing in these Terms or in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Pennant Trademarks displayed on Website without Pennant’s prior written permission in each instance. User shall not use, copy, display, distribute, modify or reproduce any of the Pennant Trademarks found on the Services unless in accordance with a written authorization provided by Pennant. Further, Pennant is the license holder of trademarks, logos, trade names, service marks (collectively with Pennant Trademarks “Trademarks”) of various financial institutions and have right to display such Trademarks and maintain a directory on Web address.
User shall also not frame or use framing techniques to enclose any Trademarks, logos, or other proprietary information (including images, text, page layout, or form) on lbitPro without express written consent of Pennant and/or its affiliates. Furthermore, the User may not use any meta tags or any other "hidden text" utilizing Pennant’s or its affiliates' names or trademarks without the express written consent of Pennant and/or its affiliates. Any unauthorised use by the User terminates the permission or license granted to him/her by Pennant. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of the Content, without express and written approval of Pennant is strictly prohibited and shall be deemed as violation of the intellectual property rights of the Pennant.
User also may not, without Pennant’s written permission, "mirror" any material contained on the Services on any other server. User shall not reverse engineer or reverse compile any of the Services’ technologies, including but not limited to, any applets associated with the Services. Any unauthorized use of any material or information provided under the Services or any part thereof, may violate copyright laws, trademark laws and such other laws of privacy and publicity.
Privacy and Confidentiality
lbitProt may have links to any third party’s websites (the “Guest Links”) which are not under the control of Pennant. Pennant disclaims any responsibility for any harm resulting from a User’s access or use of such Guest Links and any information, functionality, or content accessed through such Guest Links. Reference to such links on lbitPro does not imply any endorsement or recommendation of such third party’s websites by or on behalf of Pennant. The Users are responsible for taking the necessary precautions to protect themselves, their financial information and computer from viruses, bugs, and other harmful or destructive content that may be accessible through such Guest Links.
Sharing Content and Information
lbitPro allows its Users to share and exchange their PII solely on their individual discretion and Pennant shall have no right to access or make changes to the same unless specifically authorized by the User for the purpose of (a) converting the same into standard format; (b) profiling of the users according to their financial requirements; (c) trending analysis, or (d) other such value added services which may be offered by Pennant.
Users hereby agree that they will be solely responsible for updating their PII, including specific financial requirements on lbitPro from time to time and Pennant shall not be liable for any deficiency in services, modification, tampering or loss of PII and breach of confidentiality or privacy, errors in the reporting or receipt of the financial information, where such acts or omissions are solely attributable to the User.
Users hereby agree that they will be solely responsible for verifying the credentials of any particular financial institution listed on lbitPro before they avail any of its financial products or services. Nothing contained in these Terms or the provisions of Services constitute any recommendation by Pennant for using the products/services of any financial institution. Users agree that Pennant makes no guarantees as to the validity, accuracy or legal status of any financial institution and the products or services of such financial institution listed on lbitPro.
The Users hereby affirm, represent and/or warrant that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Pennant to use all the proprietary rights in and to PII, to enable inclusion and use of such information for maintenance of lbitPro and providing certain value added services on demand respectively.
Users own all the proprietary rights in the PII that they may upload on or share through lbitPro. Pennant does not claim any ownership rights in the User’s PII provided that such information may be used by Pennant for creating further derivate work, profiling of Users and for providing certain value added services upon demand by the User or as may be incidental for providing the Services on lbitPro.
Users hereby grant Pennant, during the course of their usage, a nonexclusive, irrevocable, perpetual, unlimited, worldwide, royalty-free, transferable, sub licensable and fully paid-up right and license to copy, use, access, store, cache, process, analyze, reproduce, distribute, prepare derivative works from PII lbitPro
Users further agree that they will not submit any User Information that may be subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have the permission from their rightful owner to share such User Information.
Restrictions on Use
Users will not avail the Services of lbitPro in any manner which may be in violation of any applicable laws or against privacy or personal rights of others.
Users are also prohibited from violating or attempting to violate the security of lbitPro, including, without limitation, the following:
1. accessing data not intended for such Users or logging into a server or account which the User is not authorized to access
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
3. attempting to interfere with Services to any User, host or network, including, without limitation, via means of submitting a virus, overloading, “flooding”, “spamming”, “hacking” or “crashing”; or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
4. Further, violations of system or network security may result in civil or criminal liability
In addition to the above, the User shall not
modify, adapt, translate, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Services or any information, software, products or services obtained/derived from the use of Services or reverse engineer any software integrated into lbitPro or otherwise enable the Services provided on lbitPro or any of its feature
1. remove any copyright, trademark or other proprietary rights notices provided on lbitPro
2. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or for crawling lbitPro and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use
3. reformat or frame any portion of the pages that are part of the Website
4. create User accounts by automated means or under false or fraudulent pretensions
5. create or transmit unwanted electronic communications such as “spam” to other Users of the Services or otherwise interfere with other User’s enjoyment of the Services
6. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Pennant
7. transmit any viruses, worms, defects, Trojan horse, adware, spyware, scareware, or other items/malware of destructive nature
8. use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene
9. take any action that imposes, or may impose, in Pennant’s sole discretion, an unreasonable or disproportionately heavy load on the Pennant’s information technology (IT) infrastructure
10.use the Services to transmit, distribute, post, or submit any unauthorized information, phishing email, to any person or entity, seeking PII or financial information or
use the Services for purposes otherwise than for personal use and shall not resell or charge others for use of or access to the Services, or in any other manner inconsistent with this Terms.
Remedies for Breach
User understands and agrees that Pennant may review the use of lbitPro including any Service being used by the User, and in case Pennant finds, in its sole discretion, that the User violates any of the provision of these Terms, Pennant reserves the right to take actions to prevent/control such violation, including without limitation, terminating the membership of such violators and/or blocking their use oflbit and/or Services. Pennant shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who may be involved in such violations.
The Users acknowledge that in no event shall Pennant be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services, including without limitation, emotional distress, financial losses, and any other damages resulting therefrom.
Disclaimer & Warranties
lbitPro may have technical inaccuracies, typographical mistakes, and other inadvertent errors. Pennant hereby disclaims any liability or responsibility for any harm resulting from the use or access of lbitPro. lbitPro and all its Content are provided on “AS IS” basis to the fullest extent permitted by laws as applicable in India. Pennant does not warrant that lbitPro or the Content are (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to the User’s computer, network, or any mobile device. Pennant hereby expressly disclaims all warranties of any kind, whatsoever, without limitation, any warranty as to appropriateness of the recommended financial products and services, or non-infringement. No information, whether oral or written, obtained by the User from lbitPro or at or through lbitPro shall create any warranty not expressly or impliedly made herein. Pennant hereby expressly declares that it makes no representations or warranties that lbitPro and financial products and services listed or suggested through lbitPro is appropriate or available for use in all geographical locations without variations. The use of lbitPro is intended only for Users in India, including lenders, borrowers, financial institutions and other stakeholders based out of India or incorporated under the laws of India and the Services provided on lbitPro are strictly limited to the territorial boundaries of India.
Pennant is not responsible for the actions, Content, information, or data of third parties, and the User releases Pennant, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the User has against any such third parties.
Pennant is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to Users or User Information or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the Services. Pennant will not be liable for any failure, delay, or interruption in Services under these terms where such failure or delay is due to causes beyond reasonable control of Pennant, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns.
Pennant shall not be liable for any products, services, discounts, offers, financial scheme or investment plan listed on lbitPro or suggested to a particular User based on his/her financial requirements. lbitPro Users may rely on such products, services, discounts, offers, financial scheme, investment plan or any such representations purportedly made by any particular financial institution at its sole risk and Pennant and/or its affiliates do not make any representation or warranties as to the genuineness and bona fide of such products, services, discounts, offers, financial schemes, or investment plans and consequently shall not be liable for any form of misrepresentation or deficiency in relation thereto.
Limitation of Liability
Neither Pennant nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use lbit or the Services or the Content including, but not limited to: (a) damages caused by viruses, malfunctions, or harmful components accessed through the site; and (b) damages for lost profits, loss of data, or other intangibles, whether foreseeable or unforeseeable. Furthermore, Pennant shall not be liable for conducting any form of financial due diligence about the banks/financial institutions that are listed on lbitPro and the products being suggested/offered through lbitPro, tracking instances phishing, financial fraud, or erroneous recommendations or search results made on lbitPro.
lbitPro Users agree to defend, indemnify and hold Pennant and/or its affiliates harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses of any kind, including reasonable legal fees and costs, related to such claim arising from: (i) his/her use of and access to the Service; (ii) violation of any these Terms by him/her; or (iii) violation of any third party rights, including without limitation any copyright, property, or privacy right by him/her. Pennant is not responsible for the User Information or other content, Users may transmit or share on or through lbitPro, whether online or offline. This defence and indemnification obligation will survive these Terms and termination or discontinuation of your usages of the Services on lbitPro.
These Terms shall be governed by, interpreted and construed in accordance with the laws of India and any disputes in relation to the same shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana.
When the User visit lbitPro or send e-mails to Pennant, he/she is communicating with lbitPro and/or Pennant electronically. Pennant may also communicate with the User via e-mail, SMS, phone call or by posting notices on lbitPro or by any other mode of communication. For contractual purposes, User hereby consents to receive any and all communications including SMS, e-mail or phone calls from lbitPro and/or Pennant with respect to the financial products and services chosen by the User through lbitPro.