The Terms and Conditions (Terms and Conditions) constitute a legal agreement between the user (“User”, “You”, “Your”,) and Finsire to access and utilise the Platform developed by Finsire Technologies Private Limited (“We”, “Company”, “Us”, or “Our”).
https://finsire.com (“Website”) is owned by the platform. Where the context so requires, the Website, & any other technology service or product offered by us shall be collectively referred to as the “Platform” or “ecosystem”. The Company has established a privacy policy available along with this document named (“Privacy Policy”), that explains to Users how their information is collected and used. The Privacy Policy is hereby incorporated into the Terms and Conditions hence forth.
THESE TERMS AND CONDITIONS, READ WITH THE PRIVACY POLICY, ARE AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS UNDER VARIOUS INDIAN STATUTES AND IS ENFORCEABLE AGAINST YOU UNDER LAW BY WAY OF YOUR ACCEPTANCE HEREOF. THE COMPANY MAY MODIFY THESE TERMS AND CONDITIONS AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE HEREIN AT ITS SOLE DISCRETION FOR COMPLYING WITH THE EXTANT LEGAL AND REGULATORY FRAMEWORK AND FOR OTHER LEGITIMATE BUSINESS PURPOSES, AT ANY TIME, AND THE COMPANY WILL POST THE AMENDED TERMS AND CONDITIONS WITH OR WITHOUT ANY NOTIFICATION TO YOU ON THE PLATFORM. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS AND CONDITIONS FOR ANY CHANGES AND YOU ARE ENCOURAGED TO CHECK THE TERMS AND CONDITIONS FREQUENTLY. YOUR USE OF THE PLATFORM FOLLOWING ANY AMENDMENT OF THE TERMS AND CONDITIONS WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ANY REVISED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE PLATFORM.
You must be 18 years of age or over and have legal capacity.
You warrant that all information you provide about yourself or anyone else shall be true and accurate.
The Platform must not be used for speculative, false or fraudulent business transactions.
The content and information used on the site and the background used to provide such content and information, is proprietary to the Company. In addition, whether or not you have a commercial purpose, you agree not to:
Company may require Users to fill an online form and register themselves on the Platform to avail all or any of the services rendered on the Platform. The Company may require Users to provide all information and submit all documents as may be required for registration of the User on Platform or for availing any service on the Platform (“Registration Information”).
You agree to:
(a) provide true, accurate, correct and complete Registration Information; and
(b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate any and all of your current or future use of the Services.
Upon successful registration on the Platform, your User Account would be activated. You agree and understand that you will be solely responsible for maintaining the confidentiality of your password, which, together with your login ID, allows you to access the Services.
User acknowledges and agrees that the Company owns all legal right, title and interest in and to the Platform and any content on the Platform, including any all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world) which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
User further acknowledges that the Services may contain information which is designated confidential by the Company and that User shall not disclose such information without the company's prior written consent. Unless User has agreed otherwise in writing with the Company, nothing in these Terms and Conditions gives the User a right to use any of the Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
The Platform may contain links to other websites or may contain features of other websites (“Allied Sites”). The Allied Sites are not under the control of nor endorsed by the Company and the Company is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site. You will be governed by the terms of use of the Allied Site when you visit one, and not by these Terms and Conditions. The Company makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does the Company warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If You choose to follow a link to a website not controlled by the Company, You must do so at Your own risk. The Company does not guarantee the authenticity of documents on the Internet. Links to non-Company websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or Services offered at such sites, or any representation regarding the content at such websites.
Your use of the Platform will be at Your sole risk. The Platform has been provided on an “as is” and “as available” basis.
You hereby represent, warrant, covenant and certify that: (a) You are a bonafide User (b) You have the authority to enter into these Terms and Conditions, (c) You agree to be bound by all terms and conditions of these Terms and Conditions and any other documents incorporated by reference herein and Applicable Law; and (d) You are not bound by any existing or past contracts or arrangement which would conflict with Your use, access and provisioning or obtaining of Services through the Platform and in the event any such conflict would hold the Company and its directors, officers, managers, members, employees, attorneys, agents, and successors in rights from any claims, demands, liabilities and damages (actual and consequential) arising due to such conflict.
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THE PLATFORM. ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE IS’ BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR BREACH OF YOUR EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM.
IN NO EVENT SHALL THE COMPANY, AFFILIATES OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE COMPANY BY YOU WITH RESPECT TO THE SERVICE UNDER WHICH SUCH LIABILITY AROSE.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services offered by the Company.
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate User Account, block User’s email or IP address, cancel the Platform or otherwise terminate User’s access to or participation in the use of the Platform (or any part thereof), immediately and without notice, for any reason, including without limitation, User Account inactivity or if the Company believes or has reason to believe that the User has violated any provision of the Terms and Conditions.
Upon termination of the User Account, User’s right to participate in the Platform, including, but not limited to, User’s right to receive any rental shall automatically terminate. In the event of termination, the User Account will be disabled and the User may not be granted access to the User Account or any files or other data contained in User Account. Notwithstanding the foregoing, residual data may remain in the Company’s system. Upon termination of Service, User’s access to the Platform shall be immediately revoked. The provisions of these Terms and Conditions which by their very nature are intended to survive termination, shall survive expiration or termination of the Platform or User Account.
Governing Law and Jurisdiction: The Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Chennai, India.
Advertisements: The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
Assignment: The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
No Agency or Partnership: No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions or Your use of any part of the Platform, including without limitation, the contract between the Users. You do not have any authority whatsoever to bind the Company in any respect. All Users are independent contractors and are neither employees nor contract labour of the Company. Neither the Company nor any Users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
Force Majeure: Neither the Company nor You shall be liable to the other for any delay or failure in performance under the Terms and Conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Consent for Receipt of Phone Calls, SMSs and/or E-mails: It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by You and (ii) by way of SMS or email notifications or messages in any other electronic form.
No Third-party Beneficiaries: You agree that, except as otherwise expressly provided in the Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions.
Notice: You agree that the Company may provide You with relevant notices, including those regarding updates to the Terms and Conditions, by email, regular mail, or notifications on the Platform.
Entire Agreement: The Terms and Conditions, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between You and the Company concerning the Platform.
Severability: If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
No Waiver: No waiver of any provision of these Terms and Conditions shall be deemed a continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that any cause of action arising out of or related to the Platform must commence within 12 months since the cause of action arises. Otherwise, such cause of action is barred.
Refunds and cancellations: You agree that once an income withdrawal occurs, there is no scope for refund or cancellation of order.
Questions and Grievances: All queries or concerns with respect to this Terms and Conditions and/or the Platform can be forwarded to the Company’s officers at support@finsire.com.
