TERMS OF USE & USER CONSENT

INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE APP. The domain name http://magnetapp.in/ is owned and managed by Vistas Technolabs Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at 1105, Rawal Ji Ka Bazar, Near Hotel Sun City,Ganga Pol Jaipur, Rajasthan, 302002 (hereinafter referred to as “Vistas” or “We” or “Us” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). Please read these Terms of Use (“Terms”) carefully, as it contains the terms and conditions governing your use of the Domain and your provision of the Information (defined below) that Vistas may request from you on or through the Domain and/or through associated website and mobile applications (“App”) for any services that Vistas may provide through the App. Before providing any Information in the Domain you must first agree to these Terms. Please do not access or use the Domain or otherwise click to accept these Terms, if and when prompted on the Domain, if you do not agree with any of the terms provided below or are unable to be bound by them. You should read the Terms along with the linked information including but not limited to Vistas’s privacy policy (“Policy” or “Privacy Policy”) which is hereby incorporated by reference into these terms. If you are unwilling or unable to be legally bound by these Terms, please do not use the Domain or provide us any Information hereto or otherwise click to accept these Terms, if and when prompted on the App. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Domain and/or receive the services provided by the Domain; or (b) if you are not of legal age to form a binding agreement with Vistas.

MEMBERSHIP ELIGIBILITY

This Service is only available only to natural persons resident in India who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to access the Domain and/or provide any Information hereto. Any person under the age of 18 shall not register on Domain and shall not transact on or use the App. If a minor wishes to use or transact on the Domain, such use or transaction may be made by the minor’s legal guardian or parents on the App. Vistas reserves the right to terminate any person’s membership in accordance with the terms of these Terms and/or refuse to provide such person with access to the Domain if it is brought to the notice of Vistas or if Vistas discovers for itself that such person is not eligible to use the App.

ACCEPTANCE OF TERMS

In order to use the Domain, you must first agree to these Terms. You can accept the Terms by: Access to the Domain and/or provision of any Information on the Domain. In this case, you understand and agree that Vistas will treat your access to the Domain and/or provision of Information on the Domain as acceptance of the Terms from that point onwards; or By clicking to accept these Terms, if and when prompted on the Domain.

YOUR INFORMATION

For the provision of Services (defined below) through the App, Vistas may ask you to fill certain information. This information may include your (i) name, (ii) phone number, (iii) email address, (iv) credit score, (iv) income range v) pin codes, (vii) copy of any official identifier, including without limitation, Aadhar Card or PAN Card (hereinafter, “Information”). While providing Information on the Domain, you shall not provide Information for anyone other than yourself, unless such persons prior permission has been obtained; You agree that the information provided by you to Vistas, at all times, will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Vistas has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, Vistas shall have the right to indefinitely suspend or terminate or block access your access to the Domain and refuse to provide you access to the App. You are advised to use due caution when providing any Information to Vistas accordingly.

SERVICES AND CONSENT TO USE OF INFORMATION

All users will need to comply with the terms of these Terms in order to be able to use and access the services on the Domain, which include (a) recommending you personalized Partner (defined below) products based on the Information shared by you; (b) providing you a list of Partner products you are eligible for, based on the Information provided by you; and (c) providing such other services as may be made available on the Domain from time to time (“Services”). Vistas is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arising out of your use of any Service on or through the App. Vistas partners with certain financial services providers (“Partner”) in order to recommend to you financial products and services that are provided by the Partner and are best suited to you based on the Information provided by you. You understand that Vistas may store your Information and share your Information with the Partners and/or the analysis of such Information with the Partners to facilitate your availing of their products. Vistas is associated with several individuals who shall be interacting with you (“Magnetapp”) to provide you the recommendations of the Partner products based on your Information. You agree to receive such communication from the Magentapp. The provision of Services on the Domain may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Vistas strives to keep the Domain up and running; however, all online services suffer occasional disruptions and outages, and Vistas isn’t liable for any disruption or loss you may suffer as a result. Vistas may discontinue some or all of the Services provided on the Domain, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

AGREEMENT TO RECEIVE COMMUNICATION

You hereby by way of accepting these Terms consent to the receipt of communication from Vistas, Magnetapp and/or the Partners by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. You agree to receive this communication irrespective of whether you have enabled “do-not-disturb” on your electronic device.These emails could relate to your transactions that you carry out through the Domain and promotions that are undertaken by Vistas, services from Vistas and its third-party partners, as applicable.

LINKS TO THIRD PARTY WEBSITES

The Domain may contain links and interactive functionality interacting with the websites of third parties. Vistas is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Vistas strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

USE OF THE APP

You agree, undertake and covenant that, during the use of the Domain, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that: belongs to another person and to which you do not have any right, except as expressly provided in these Terms.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another persons privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.is misleading in any way. is harmful to minors. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming. infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a persons name, email address, physical address, or phone number). provides instructional information about illegal activities such as violating someone’s privacy or providing or creating computer viruses. tries to gain unauthorized access or exceeds the scope of authorized access to the Domain or to profiles, communities, Account information, bulletins, or other areas of the Domain or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the App. engages in commercial activities without Vistas’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc. interferes with another person’s use of the App. impersonates another person. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States. refers to any website or URL that, in Vistas’s sole discretion, contains material that is inappropriate for the Domain or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information. violates any applicable law for the time being in force. You hereby accept full responsibility for any consequences that may arise from your use of the Domain, and expressly agree and acknowledge than in no event and under no circumstances shall Vistas be held liable to you for any liabilities or damages resulting from or arising out of your use of the App. You agree and acknowledge that you shall not use the Domain for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the App. Vistas shall have the right, but not the obligation, to monitor your access to or use of the Domain to ensure your compliance with these Terms or applicable laws, at its sole discretion.

TERMINATION OF ACCESS TO APP OR DEACTIVATION OF SERVICE

Your access to the Domain and/or use of the services and/or the products provided by the Partner based on the Information can be terminated at any time by Vistas, in its sole discretion for any reason or no reason, including your violation of these Terms. You acknowledge that such termination may be affected without any prior notice. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive such termination.

REFERRALS AND REWARDS

From time to time, Vistas may offer referral bonuses and rewards to you for inviting new users to the Domain and for completing other activities.

RIGHTS & RESERVATIONS

Vistas reserves the right to deny access to the Domain or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under these Terms; (iii) violation of any of the provisions of the Terms or any applicable laws.

DISCLAIMER OF WARRANTIES

THE APP AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP AND/OR THROUGH THE MAGNETAPP (COLLECTIVELY, THE CONTENT) ARE PROVIDED BY VISTAS ON AN AS IS, AS AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. VISTAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DOMAIN/APP, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND THE ACCURACY OF THE INFORMATION. WITHOUT LIMITING THE FOREGOING, VISTAS MAKES NO WARRANTY THAT THE DOMAIN/APP OR SERVICES PROVIDED BY VISTAS OR THE PARTNERS WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE DOMAIN AND/OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DOMIAN/APP WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE APP IN RELATION TO WHICH VISTAS MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES INCLUDING WITHOUT LIMITATION PARTNERS. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT VISTAS, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL VISTAS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD PARTIES. VISTAS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF DOMAIN/APP IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISTAS OR THROUGH OR FROM THE APP OR CONTENT SHALL CREATE ANY WARRANTY. YOU WILL NOT SOLELY RELY ON THE VIEWS, REPRESENTATIONS (WHETHER WRITTEN OR ORAL OR OTHERWISE), RECOMMENDATIONS, OPINIONS, REPORTS, ANALYSIS, INFORMATION OR OTHER STATEMENT MADE BY VISTAS OR ANY OF ITS AGENTS, DIRECTORS, OFFICERS OR EMPLOYEES. IN THE EVENT THAT YOU SEEK TO MAKE PURCHASE ANT PRODUCTS OR SERVICE SOLD BY THE PARTNER PURSUANT TO THE INFORMATION OR RECOMMENDATION PROVIDED BY VISTAS, YOU SHALL DO SO AT YOUR OWN RISK, AND SHOULD CONSIDER YOUR FINANCIAL SITUATION, OBJECTIVES AND NEEDS AND CONSULT WITH YOUR LEGAL, BUSINESS, TAX AND/OR OTHER PROFESSIONAL ADVISORS TO DETERMINE THE APPROPRIATENESS AND CONSEQUENCES OF SUCH AN PURCHASE. YOU AGREE THAT ALL THE FINAL DECISIONS WILL BE YOURS AND VISTAS WILL NOT HAVE ANY LIABILITY FOR CONSEQUENCES OF SUCH DECISIONS.

LIMITATION OF LIABILITY

In no event shall Vistas, its affiliates and each of their respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of your data arising from any use of or inability to use any Content or other parts of the Platform; (g) non-availability of the Platform in certain geographical areas; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Vistas is advised of the possibility of such damages.

INDEMNIFICATION

You shall indemnify and hold harmless Vistas, its affiliates and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

PRIVACY POLICY

Please review the Privacy Policy, which also governs your visit to the Domain, to understand Vistas’s privacy practices. The personal information / data provided to Vistas by you during the course of usage of the Domain will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the App.

ASSIGNMENT

You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Vistas’s prior written consent. Vistas reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, Karnataka. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Bangalore, Karnataka.

SEVERABILITY AND WAIVER

These Terms, the Privacy Policy and other referenced material herein or on the Domain, are the entire agreement between you and Vistas with respect to the products/services offered on the Domain and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Vistas with respect thereto and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

GRIEVANCE REDRESSAL MECHANISM

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below: Name: Mohan Email: support@magnetapp.in Phone No: 7417274072 For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

HOW TO CONTACT US

If you have questions or concerns about these Terms, please contact Vistas at the following email address support@magnetapp.in.