Effective date: November 9, 2015
Table of Contents
If you choose to use MFUSA's One-Time Automatic Clearinghouse Payment Option (the "Electronic Check Option") to make one or more payments under your Agreement(s) with MFUSA, you agree that MFUSA may store your bank account information, at your option, for future payments.
Your Consent to Other Agreements
Ownership of this Site and its Content
This Site, including all its Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of MFUSA or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The MFUSA names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Mahindra & Mahindra, Ltd., De Lage Landen International B.V. and/or their affiliates (the "MFUSA Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the MFUSA Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the MFUSA Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Any Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to MFUSA it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Electronic Check Option/Payment Instructions
When you use the Electronic Check Option to make a payment under an Agreement with MFUSA, you will authorize and instruct MFUSA to initiate a debit to a deposit account you maintain with a bank or other financial institution (a "Bank Account") and to apply the payment amount you specify to the debt you owe under your Agreement (your "Agreement Balance") in accordance with the terms of your Agreement. You understand and agree that when you use the Electronic Check Option to make a payment, your payment instruction may be processed and the Bank Account may be debited as early as the day you submit your payment instruction. However, the payment will be credited to your Agreement Balance no earlier than the next business day after you submit your payment instruction. If for any reason MFUSA is required to return all or any portion of a payment made through the Electronic Check Option and credited to your Agreement Balance, MFUSA may add that amount back to your Agreement Balance as though the payment never was received. Once you submit a payment instruction using the Electronic Check Option, you may not be able to modify it or to cancel it. You may contact Customer Service at the number shown on the payment confirmation screen and MFUSA will make reasonable efforts to modify or cancel the payment at your request, but shall have no liability for failure to do so. You agree that any fees or taxes associated with your use of the Electronic Check Option (such as bank fees or fees of internet service providers or telecommunications providers) are your responsibility and are payable by you.
MFUSA will use reasonable efforts to execute your Electronic Check Option payment instructions properly. However, MFUSA shall incur no liability if MFUSA is unable to complete any payment transaction because of the existence of any one or more of the following circumstances: (i) the Bank Account does not contain sufficient funds to fulfill the payment instruction; (ii) the Electronic Check Option is not working properly and you know or have been advised about the malfunction before you submit the instruction; (iii) you have not provided the correct information, including but not limited to the correct Bank Account information; and/or (iv) circumstances beyond the control of MFUSA (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution or interference from an outside force) which prevent the proper execution of the instructions. Further, MFUSA may terminate the Electronic Check Option, or your ability to use the Electronic Check Option, at any time without prior notice to you.
Each time you use the Electronic Check Option, you represent and warrant to MFUSA that (i) you are an owner of or authorized signer on the designated Bank Account, (ii) you are authorized to make the requested debit and your authorization has not been terminated, in whole or part, by operation of law or otherwise, and (iii) the information you provide to identify the Bank Account is true and correct. You acknowledge and agree that if your instructions identify an account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge that the financial institution holding the account may choose not to investigate discrepancies between account names and account numbers and you agree that MFUSA has no responsibility to investigate discrepancies between account names and account numbers. You agree to indemnify MFUSA against any loss, cost, liability or expense (including attorneys' fees and expenses) resulting from any claim of any person that MFUSA is responsible for your acts or omissions in connection with your use of the Electronic Check Option.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE PROVIDED ON THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MFUSA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES PROVIDED ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MFUSA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
WITHOUT LIMITING THE FOREGOING IN ANYWAY, YOU AGREE TO RELEASE MFUSA FROM ANY AND ALL LIABILITY, DIRECT OR INDIRECT, ASSOCIATED WITH, IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO A KNOWN OR UNKNOWN BREACH OF MFUSA'S SECURITY NETWORK. AS SUCH, YOU AGREE TO HOLD HARMLESS MFUSA FOR ANY AND ALL BREACHES OF MFUSA'S SECURITY NETWORK, DESTRUCTION, HARM, VULNERABILITIES, VANDALISM, SABOTAGE, OR ANY AND ALL FUTURE EVENTS, FORESEEN OR UNFORESEEN IN WHICH THE CUSTOMER'S FINANCIAL INFORMATION, PRIVATE INFORMATION, OR IDENTITY IS OR BECOMES PUBLICLY DISCLOSED OR MADE KNOWN OTHERWISE THAN THROUGH MFUSA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Third-Party Websites
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services provided through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Governing Law, Jurisdiction and Venue
The term "Content" refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The term "Feedback" refers to any material you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term "including" means "including, but not limited to."
The term "Site" refers to the website owned by MFUSA and located at http://myaccountdata/en/mahindrafinance/Log-In.
The terms "MFUSA," "we," "us," and "our" refer to Mahindra Finance USA LLC.
Mahindra Finance USA LLC