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Borrowing and lending money among friends and family often rely on mutual trust. However, this trust can sometimes lead to misunderstandings, as the terms of the loan are not always clearly defined. Such situations can strain relationships and create conflict.

To address this issue, financial institutions offer a solution called a promissory note. This financial tool helps formalise the loan agreement and offers clarity and security for both parties involved.

In this blog, you will explore the promissory note meaning, discuss what is a promissory note, and examine its various types and features.

Key Highlights

  • A promissory note is a written promise to pay a specific amount of money to another party under agreed terms.
  • A promissory note provides clarity, flexibility, simplicity, and legal security, besides helping maintain trust in financial transactions.
  • A promissory note in India includes the names of involved parties, contact addresses, loan amount, interest rate, repayment terms, maturity date, and signatures.
  • Repayment Terms: Repayments can be made in lump sums or installments, with clear terms outlined for payment schedules and consequences of default.


What is a Promissory Note in India?

A promissory note is a written promise by one party to pay another party a definite sum of money either on demand or at a specified future date. It generally contains the terms involved, such as the principal debt amount, interest rate, maturity date, payment schedule, date and place of issuance, and the issuer's signature. The essence of a promissory note is that it helps to secure funds from non-bank sources and ensures that both parties are clear about the repayment terms.

In addition, a promissory note in India is considered a negotiable instrument under the Negotiable Instruments Act. They can be of different types, with payments made either in a lump sum, with interest, or without interest. Comprehending the promissory note meaning is essential for anyone looking to engage in financial transactions outside traditional banking channels.

Also Read: How to Read your Personal Loan Agreement?

What are the Types of Promissory Notes?

After knowing the answer to the question of what is the meaning of a promissory note, you must know the types of promissory notes. These are discussed below:

  • Secured Promissory Note
A secured promissory note involves collateral. Collateral is an asset that secures the debt.

For example, if you own a car, you can use it as collateral for a loan. The lender will keep the car as security until the loan is fully repaid. If you are unable to repay the loan, the lender can take possession of the car. This gives the lender a guarantee that the loan will be repaid, either through regular payments or by claiming the collateral.

  • Unsecured Promissory Note
An unsecured promissory note does not involve any collateral. This means there is no asset backing the loan. If you fail to repay the loan, the lender cannot claim any of your property directly. Instead, the lender can use standard debt collection methods to recover the amount owed.

This type of promissory note in India is riskier for the lender because there is no guarantee of repayment through collateral. As a result, unsecured promissory notes often come with higher interest rates to compensate for the increased risk.

Also Read: What is The Loan Collateral? How Collateral Against Home Loan Work?

How Does a Promissory Note Work in India?

To understand how a promissory note in India works, you must consider the below-mentioned example:

Imagine you want to borrow ₹50,000 from a friend to start a small business. To make the terms of the loan clear and avoid any misunderstandings, you both decide to use a promissory note.

Getting a Promissory Note

  • Drafting the Note:
  • You can either draft the promissory note yourself or use a template from a legal website. Ensure it includes:
    • Principal Amount: ₹50,000
    • Interest Rate: 10% per annum
    • Maturity Date: One year from the date of the note
    • Payment Schedule: Monthly payments
    • Date and place of issuance
    • Your signature and the lender’s signature

  • Legal Validation:
  • Though not mandatory, it is advisable to notarise the promissory note to give it legal validation.

Repayment Process

You agree to repay the loan in 12 equal monthly instalments. Each payment in the promissory note will include both the principal and the interest. For example:

Month Principal (₹) Interest (₹) Total Payment (₹)
1 4,167 417 4,584
2 4,167 381 4,548
... ... ... ...
12 4,167 42 4,209


Defaulting on the Loan

If you fail to make the payments as agreed:

  • Negotiation: You can try to negotiate new terms with the lender.
  • Legal Action: The lender can take legal action to recover the amount owed.
  • Credit Impact: Defaulting on the loan can negatively affect your credit score and future borrowing ability.


What are the Features of a Promissory Note?

The key features of a promissory note in India are given below:

  • Issued Under the Negotiable Instruments Act: A promissory note is governed by Section 4 of the Negotiable Instruments Act, of 1881.
  • Valid Stamp: It must bear a valid stamp so that it complies with legal requirements.
  • Handwritten or Printed: The promissory note can be handwritten or printed.
  • Clear Promise: It must clearly state the promise to repay a specified amount without any conditions attached.
  • Stamp Paper Option: It can be executed on stamp paper if revenue stamps are not available.
  • Validity Period: Promissory notes are valid for 3 years from the date of execution.
  • No Maximum Limit: There is no cap on the amount that can be specified in the note.
  • Witness Signature: A witness signature is not mandatory but is recommended for added security.
  • Detailed Information: It should include all relevant details such as the date of issuance, maturity date, and interest rate, if any.
  • Personal Loan Option: Promissory notes can be used for taking out small personal loans.
  • Simple and Unconditional: The promise to pay must be simple and unconditional.
  • Transferability: Promissory notes can be transferred to another party unless otherwise specified.


Also Read: Looking for Getting a Lower Interest Rate on Your Personal Loan? Know these 4 Factors

Secured vs Unsecured Promissory Notes

Following table highlights the major differences between secured promissory note and unsecured promissory note -

Parameter Secured Promissory Note Unsecured Promissory Note
Collateral Backed by collateral, such as property or assets No collateral required
Risk for Lender Lower risk due to collateral Higher risk as no collateral is involved
Interest Rate Lower interest rates Higher interest rates
Repayment Security Lender can claim collateral if borrower defaults Lender must use legal action to recover the owed amount


What is Included in a Promissory Note?

A promissory note must include certain essential elements to be considered a legal and enforceable document. Here are the key components that a well-drafted promissory note should contain:

  • Names of All Involved Parties
  • Mention the names of the borrower and the lender.

  • Contact Addresses
  • Include the contact addresses of both parties for legal correspondence.

  • Loan Amount
  • Specify the exact amount of money being borrowed.

  • Date of Payment
  • State the date when the payment is due or the schedule of payments if in instalments.

  • Interest Rate
  • Mention the interest rate, calculated based on the Annual Percentage Rate (APR).

  • Final Amount
  • Calculate and include the total amount payable after adding the interest.

  • Collateral
  • If applicable, detail the collateral held or pledged as security for the loan.

  • Agreement Terms
  • Outline the terms of the agreement clearly, including any special conditions.

  • Default Terms
  • Specify the terms and consequences in case of default, including late fees and penalties.

  • Signature
  • The note must be signed by both the borrower and the lender to be valid.

  • Witness Signature
  • Although not mandatory, having a witness sign can add an extra layer of security.

  • Governing Laws
  • Include a statement specifying which jurisdiction’s laws will govern the promissory note.

  • Payment Method
  • Describe the method of payment (e.g., bank transfer, cheque etc.).

  • Late Fees and Penalties
  • Clearly state any late fees or penalties that will apply if the borrower misses a payment.

  • Repayment Schedule
  • Provide a detailed repayment schedule if the loan is to be repaid in instalments.

  • Purpose of Loan
  • Optionally, you can include the purpose for which the loan is being taken.

  • Prepayment Terms
  • Specify if the borrower can repay the loan early without any penalty.

  • Non-Transferable Clause
  • If the note cannot be transferred to another party, include a non-transferable clause.

  • Severability Clause
  • Include a clause stating that if any part of the note is found invalid, the rest remains enforceable.

What are the Advantages and Disadvantages of a Promissory Note?

Here are some of the key advantages of a promissory note:

  • Provides a clear and legally binding record of the loan agreement.
  • Offers flexibility in terms and conditions tailored to both parties.
  • Simple to create and easy to understand without complex legal jargon.
  • Can be used as evidence in court in case of disputes.
  • Helps in maintaining trust and transparency in financial transactions.

Here are some of the key disadvantages of a promissory note:

  • Risk of default if the borrower fails to repay, especially with unsecured notes.
  • May require legal action to enforce, which can be time-consuming and costly.
  • Not as secure as other forms of debt with collateral backing.
  • Interest rates may be higher due to increased risk for the lender.
  • Validity is limited to three years from the date of execution, which can complicate long-term agreements.

An Example of Promissory Note

The following is an example showcasing how a promissory note is structured -

Promissory Note

Date: July 15, 2024

Principal Amount: ₹50,000
Borrower: Rajesh Kumar
Address: 1234 Gungha Street, Mumbai, Maharashtra, 400001

Lender: Anil Mehta
Address: 5678 Oak Avenue, Pune, Maharashtra, 411001

Promise to Pay:
I, Rajesh Kumar, promise to pay Anil Mehta the principal amount of ₹50,000 (Fifty Thousand Rupees) on or before July 15, 2025.

Interest Rate:
The principal amount shall accrue interest at the rate of 10% per annum.

Repayment Terms:
The repayment will be made in a single lump sum payment of ₹55,000 (Principal + Interest) on the maturity date.

Collateral:
This note is secured by my car (Registration No. MH12AB3456).

Default Terms:
If the payment is not made on the due date, a late fee of ₹500 will be charged for each month the payment is delayed. The lender has the right to take possession of the collateral in case of default.

Governing Law:
This promissory note is governed by the laws of the State of Maharashtra.

Signature of Borrower:
Rajesh Kumar

Signature of Lender:
Anil Mehta

Witness:
Sita Sharma

Role of Promissory Notes in Modern Financial Practices

To make financial transactions secure, various financial instruments have been introduced. One key instrument that can help you secure funds is the promissory note. A promissory note in India is a legally binding document where one party promises to pay a specific amount of money to another party under agreed terms. It offers several advantages, such as clarity, flexibility, and simplicity.

However, it is important to draft the promissory note properly to include all necessary elements, such as the loan amount, repayment terms, and signatures. While notarisation is not mandatory, it is advisable as it adds a layer of legal validation and helps prevent disputes.

By understanding what is the meaning of a promissory note, both borrowers and lenders can engage in transparent and trustworthy financial transactions.

Live the Life you truly deserve. Get a Personal Loan

FAQS & FREQUENTLY ASKED QUESTIONS

  • Is a promissory note guaranteed?

    A promissory note is not automatically guaranteed. The note can be secured with collateral, but unsecured note rely solely on the borrower’s promise to pay.
  • Can a promissory note be transferred to another person?

    A promissory note in India can be transferred to another person unless it contains a non-transferable clause.
  • What happens if a promissory note is not paid?

    If a promissory note is not paid, the lender can take legal action to recover the owed amount.
  • Are promissory notes considered secure?

    A promissory note can be secured or unsecured. Secured notes have collateral backing, while unsecured notes do not.
  • How is the interest rate determined on a promissory note?

    The interest rate on a promissory note is agreed upon by both parties and can be fixed or variable.
  • How is the interest rate determined on a promissory note?

    A promissory note is commonly used for personal loans, including loans between friends or family members.
  • What is the legal validity of a promissory note?

    A promissory note is legally valid for three years from the date of execution, after which it becomes unenforceable.
  • Who can issue a promissory note in India?

    Any borrower and lender agreeing on the terms of the loan can create a promissory note in India. The issuer must have the legal capacity to enter into a contract.
  • Do promissory notes need to be notarised?

    Notarisation is not mandatory but is advisable as it adds an extra layer of legal validation.
  • Can promissory notes be used for business transactions?

    Promissory notes are often used in business transactions to formalise the terms of a loan or credit agreement.

 

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The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

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You agree that Facilities Provider / ABC Companies has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other ABC Companies and/or third parties.

Third party websites

This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

USE of APP

In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.

Postings and monitoring

The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

Use of Cookies

You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

Facilities Changes and Discontinuation

The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

Compliance with the Law

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
  • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

Restrictions on Commercial Use or Resale

Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

No Endorsements

All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

Promotional Offers

You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

Charges for use of Website

There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

No Endorsement

You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

Electronic Communications

These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

Assignment

You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

Legal Disclaimers

The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

No Solicitation

No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

Statutory Disclosure

ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

Force Majeure

The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

No Waiver

The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Exclusive Agreement

You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

Termination

Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

Governing Law and Jurisdiction

The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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