Terms and Conditions
Please read the following ‘Terms of Use’ very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our services. If you do not want to be bound by the Terms, you must not subscribe to or use our service.
In these Terms, references to “you”, and “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third-party service providers, and “we”, “us” and “our” shall mean SimpleMortgage.in, its franchisor, affiliates and partners.
This document is published by a legal requirement under the provisions of the Information Technology Act, 2000, that requires ‘intermediaries’ to publish the rules and regulations, privacy policy and terms for access or usage of our Website and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
We reserve the right to revise or modify these terms at any time. Please re-visit the page “Terms of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent to such changes.
In the event of a conflict between these terms of service and any other terms governing the relation between the parties, these terms of service shall prevail.
INTRODUCTION
- Simple Mortgage Documentation Services is an internet-based content that helps you in making documents required in your day-to-day life like Application Forms, Mortgages, Declarations, Affidavits, Agreements etc.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. simplemortgage.in, at its sole discretion, reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify simplemortgage.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Simple Mortgage Documentation Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. For viewing the public content on the website you might not require login details, ID or password, in those cases you would still be bound by these terms and conditions.
ELIGIBILITY TO USE THE SERVICE
- This website does not cater to individuals less than 18 years of age, by using this website you represent that you are 18 years or older. The website simplemortgage.in does not intentionally collect personal information from children on our Website.
- Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., is not eligible to use Simplemortgage.in (“User”).
- Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company represents and warrants that it is duly authorised to accept the Terms and Conditions and the Policies by the User and that such person has the authority to bind the User to these Terms and Conditions and the Policies
SERVICES OFFERED:
- Simple Mortgage Documentation Services provides several Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase its pre-drafted agreements, and other Documents, and opt for the document to be printed for personal or official uses. (collectively, “Products”).
- All orders are subject to acceptance by Simple Mortgage Documentation Services. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time.
- Upon acceptance of the order by simplemortgage.in, we shall ship the product to you and be entitled to its payment for the same, in case you have opted for Delivery. You will pay the charges incurred by you at the posted prices, including any applicable taxes.
- The User recognizes and accepts that in case the User does not opt for “Delivery” it would be deemed that the User has opted for “Soft copy” of the document, and the user shall only be entitled to download the text of the document, and shall be entitled to no other additional services.
- That the User further recognizes that once, the document shows the status of “ready to ship” in the dashboard, the request for customization of the document shall in no event be entertained.
- Simple Mortgage Documentation Services, recommends stamp paper value for the documents, only on a recommendation basis. Please note that Simple Mortgage Documentation Services does not assume the liability or the responsibility for the accuracy of the Stamp Paper Value recommended.
- In case the user opts for Company Registration Services, other Registration Services, or Services that involve dealings with Government Departments, Simple Mortgage Documentation Services, does not guarantee the specific timeline, for completion of Registration, or other Government processes, as the same is dependent on the time taken by respective departments.
PAYMENT TERMS
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Simple Mortgage Documentation Services to purchase the products/services using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Simple Mortgage Documentation Services using Payment Facility.
- You represent and warrant that if you are purchasing something from simplemortgage.in, you will have the following options for payment:-
i) Net Banking
ii) Debit Card
ii) Credit Card
iv) Wallets/UPI - You warrant that in case you are making the payment by Credit Card any credit information you supply is true and complete; (ii) charges incurred by you will be honoured by your credit card company; and
- We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by the Issuing Bank or breach of any policy.
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
GENERAL TERMS FOR OFFERS AND PROMOTIONS
- Discounts will be applied to the total merchandise value including GST and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Final charges after applying coupons and vouchers will be inclusive of product charges and as well as customization charges. The discount may not be applicable to Shipping cost.
- Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
- Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a cheque).
- Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made through this Website.
- We shall introduce various offers, schemes or contests at different times. The terms and conditions for such a Contest shall be separately available on the Site.
- We reserve the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in the market from time to time. We, at our discretion, can withdraw a particular scheme from the website or market.
- In case of any query about use of coupons and/or credit notes or regarding the schemes, please email customer care at contact@simplemortgage.in.
- While participating in any simplemortgage.in contest, you hereby agree to release and hold us (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.
COMMUNICATION
By creating an Account with simplemortgage.in the user agrees that simplemortgage.in may send you informational/Promotional text (SMS) messages and e-mail notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages or e-mail notifications from simplemortgage.in at any time by sending an email to contact@simplemortgage.in indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notifications may impact your use of the Services.
REWARD POINTS & REFERRAL PROGRAM:
simplemortgage.in may from time to time introduce referral and/or incentive-based programs for its users (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Website terms. Further, simplemortgage.in reserves the right to terminate/suspend the User’s account and/or credits/points earned and/or participation of the User in the Program if simplemortgage.in determines in its sole discretion that the User has violated the rules of the Program and/ or has been involved in activities that are in contravention of the Program terms and/ or Site terms or has engaged in activities that are fraudulent / unlawful. Furthermore, simplemortgage.in reserves the right to modify, cancel and discontinue its Program without notice to the User.
PRIVACY POLICY
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
SHIPPING AND DELIVERY
Notwithstanding anything contained in the Shipping Disclaimer or in the Terms and Conditions, in the event the order is made to deliver through any courier agency or any third party, simplemortgage.in does not make any representation or warranty in relation to the delivery of such order. The products will be delivered through partner delivery Company or any other courier company and the delivery made by them are subject to the Terms and Conditions of such courier companies.
For products that are shipped using the services of our courier partners, the date of delivery is an estimate. Your order may be delivered a day prior or a day after the chosen date of delivery.
You acknowledge that requested delivery date is non-binding. Estimated delivery date depends on the destination to which you want the product to be shipped and other external factors, and shipping provider’s delivery terms, and delay attributable to shipping partners.
Our courier partners do not call prior to delivering an order, so we recommend that you provide an address at which someone will be present to receive the package.
The delivery cannot be redirected to any other address.
No deliveries are made by third party courier agencies on a Sunday and Public Holidays.
All courier orders are carefully packed and shipped from our warehouse. Soon after the order has been dispatched, you will receive a tracking number that will help you trace your order.
Courier partners sometimes have some delays due to holidays and strikes.
In case if the recipient is unavailable, we will attempt delivery twice and in case delivery location is incorrect or the recipient refuses to take the delivery, the delivery shall be deemed to have been made. The courier company will attempt to deliver the package twice before the parcel returns back to the point of origin.
In the event the delivery is not executed during the attempts, you shall still be charged for the order. We will consider the order executed in the below cases:
Wrong shipping/delivery address. Recipient not available. Premises locked. Recipient refusing to accept the delivery. In case if the recipient is not available, he/she can inform the delivery person to deliver the order to the gate/reception/neighbour.
DELIVERY AT REMOTE LOCATIONS AND TOWNS
Orders can be delivered only in the cities mentioned in the List of Serviceable Cities. We can’t commit an exact time of delivery. Correct address and contact number is a must of the recipient for placing the order. No deliveries would be done on National Holidays and weekends. The delivery of the same would be done on the next working day. In case of floods/ heavy rains/ National Bandh/election dates/ curfews/ traffic jams/ festival times/regulated traffic movements or any other impediments that may restrict the delivery of the order. simplemortgage.in reserves the right to reschedule the delivery to another date. The delivery of the products/items ordered will be attempted only once at the address as provided in the order received by simplemortgage.in. In the event the delivery is not executed due to any reason whatsoever not attributable to simplemortgage.in, the customer shall still be charged for the order and no redelivery or refund will be made by simplemortgage.in. The order will be deemed executed and delivered in the following events:
Delivery not done due to a wrong address. Recipient not available. Premises locked. Wrong/incorrect phone or mobile or extension number / not working / no reply or not connecting /not reachable. Recipient refused the products. Delivered the product at the Gate/Reception/Neighbourhood.
SAME DAY AND NEXT DAY DELIVERY
simplemortgage.in uses the Services of Third Party Service Providers for Shipping and Delivery Services of products for which Shipping and Delivery option is available.
simplemortgage.in reserves its right to withdraw the option of Shipping and Delivery, available for any product/service, without any prior notice.
The estimated delivery times, in the case of Standard Delivery, would in normal circumstances be 3-4 working days. However, the same may vary depending on external factors and other circumstances, including operating conditions, and the working of third Party Service Providers. Please note that the Delivery estimates provided at the time of placing of the order, are only estimations, and do not reflect the actual time taken for delivery.
In case of urgent or pressing circumstances, we advise you not to opt for Standard Delivery
Presently, we offer Same Day Delivery and Next Day Delivery only for certain products and Only in some cities.
Orders must be placed within the specified time frame as mentioned on the product details page to avail of the option of Same Day Delivery or Next Day Delivery. The delivery charges for guaranteed same-day delivery and guaranteed One-Day Delivery shall be as mentioned on the pricing page. However, simplemortgage.in may withdraw the services on the days when the said delivery cannot be executed due to unforeseen circumstances, including but not limited to:-
- Act of God (including but not limited to fires, explosions, flood, earthquakes, Tsunami etc.)
- War, hostilities, (whether war be declared or not), invasion, act of foreign enemies, internal disturbances, curfew, mobilisation, requisition, or embargo, rebellion, revolution, riots, commotion, strikes,or acts or threats of terrorism;
- Any declaration of Public Holiday.
- Any Inadvertent error in the Server/Software, which displays Same Day Delivery Option.
- In any other unforeseen circumstances.
To get your order delivered within the guaranteed time, you need to select the respective delivery option during checkout. Only Products/ Services, which come with the option for Same Day or Next Day Delivery are eligible for this service.
The Same Day and Next Day Delivery option is guaranteed to attempt delivery by the promised date. we will not be responsible to provide guaranteed delivery if the customer is not present at the delivery address to receive it.
- On Saturdays, deliveries are not guaranteed to establishments like offices, that might be closed.
- The following additional terms and conditions apply for Guaranteed Same-Day Delivery:
- For Same-Day Delivery, we cannot guarantee delivery attempts to establishments like offices and business premises that close by 6 p.m.
- Same-Day Delivery attempts happen latest by 9 p.m.
LIMITED USER:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that simplemortgage.in name is stated as the source and prior written permission from us is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
USER CONDUCT AND RULES:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Might cause public outrage or inspire violence due to a recent event
- Have an overtly sexual connotation or tone, including strong sexual innuendo.
USER WARRANTY AND REPRESENTATION:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Simplemortgage.in. All the images on the website are copyright protected and any form of reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling will have legal consequences.
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by us. User data and information provided may be shared with our partners.
INTELLECTUAL PROPERTY RIGHTS:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to us without obtaining authorization from us.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service you expressly agree that by uploading and posting content onto the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
COPYRIGHTED MATERIAL FOR LIMITED USE
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of us , and/or its subsidiaries (referred to herein as “simplemortgage.in”) or the copyrighted property of parties from whom we have licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. simplemortgage.in reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
REVIEWS AND CONTENT GUIDELINES:
While we welcome your opinions and descriptions of your experiences, there are a few things we expect from every user on simplemortgage.in.
Your reviews, as well as your profile and the comments you share, are all subject to Content Guidelines.
If your activity on simplemortgage.in doesn’t match up to these content guidelines, we reserve the right to take action as we deem necessary. This could include altering or deleting your reviews or comments, or deleting your simplemortgage.in account altogether, with or without notice. simplemortgage.in also utilizes an algorithm to aid in removing suspicious reviews. If you feel your review was deleted in error, email us at contact@simplemortgage.in.
If you see content that does not align with these guidelines or our Terms of Service, please let us know. We will consider all reports. However, due to the diversity of our community, it is possible that content disagreeable to you might not meet the criteria to be removed.
LINKS TO THIRD PARTY SITES:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of us and we is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. simplemortgage.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by simplemortgage.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
LIMIT OF OUR RESPONSIBILITY
We will be responsible for acting only on those instructions sent to simplemortgage.in that actually are receied and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. We are not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. We are not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Website, including text, graphics, links or other items, are provided “as is”, “as available”. We does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
You understand and agree that any use of simplemortgage.in does not in any way create or establish a Lawyer-client relationship between you and us, its employees, or other agents of us.
You should recognize that content on simplemortgage.in (including FAQ section) and sent by way of e-mail or newsletter are provided for your information to help you understand some of your legal rights. These materials should not be relied on as legal advice and reading and reviewing them is not a substitute for direct consultation with a Lawyer about a specific legal problem.
That all endeavours are made, to ensure that the legal documents provided on simplemortgage.in are in accordance with the latest amendments to law, and are in consonance with the laws of the land, however, we does not Guarantee the Legal Validity of the document.
In no event will we be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless us, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us, that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
NOTICES:
You agree that we, may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
TRANSFER OF TITLE:
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Website.
BREACH OF TERMS:
That we reserves its right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website and their features.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY:
Unless otherwise specified, the material on us, is presented solely for the purpose of sale in India. We, make no representation that materials in us, are appropriate or available for use in other locations/Countries other than India. Those who choose to access simplemortgage.in, from other locations/Countries other than India, do so on their own initiative and we, is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
TERMINATION
We may terminate these Terms and Conditions and the Policies and/or the Services hereunder for any reason including for reasons of breach of these Terms and Conditions, or any of the Policies on simplemortgage.in, or any other agreement between us, and the User in relation to the simplemortgage.in. The User’s sole right to terminate these Terms and Conditions and the Policies is by not using the simplemortgage.in, Platform and deleting its account with simplemortgage.in.
CONSEQUENCES OF TERMINATION:
Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. simplemortgage.in and the User (where applicable) availing the Services provided by us shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 days of the termination taking effect.
GOVERNING LAW
Court – Notwithstanding anything to the contrary, this agreement shall be governed by and construed exclusively in accordance with the laws of India. All claims and proceedings arising under this engagement shall be brought exclusively in the courts in Ambajogai Dist Beed State Maharashtra, India and Parties hereby consent to the personal Jurisdiction therein.