TERMS OF USE

 

This website is owned and operated by FINVANTEDGE. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

This document is an electronic record in terms of Information Technology Act, 2000 of India and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

Introduction

The User’s (defined below) use of the website FINVANTEDGE (“Website”) and related services thereof, including but not limited to viewing information and acting on such information and the transactions that may be implemented through the Website, is governed by and shall be subject to these terms and conditions (“Agreement”), the terms whereof are subject to change at any time without prior notice to You.  To make sure You are aware of any changes, please review this document and all the documents referred to hereunder periodically.

 

This Website is developed and maintained by FINVANTEDGE, a sole-proprietorship firm, having its registered business office at 286 Whitefield Main Road, Ramagondanahalli, Bangalore- 560066, India (“Firm”).

For the purposes of this Agreement, the term “User(s)” and wherever the context so requires “You” or “Your” shall mean any natural or legal person who is using the Website.  The terms “We”, “Us” and “Our” shall mean the Firm.

 

This Agreement sets forth the legally binding terms of Your use of the Website. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Website, which shall be deemed to be a part of this Agreement and in the event of any conflict between the terms of this Agreement and any aforesaid documents, the aforesaid documents shall prevail.  If any of the terms of this Agreement are not acceptable to You, please do not use the Website. Your continued usage of the Website after any change constitutes Your acceptance of the amended Agreement.

 

Scope of the Website

You acknowledge that the Website is only an online services platform that enables You to purchase the listed services (“Listed Service(s)”), including, making available relevant information related to the offer provided on the Listed Services (“Service Offer(s)”).  

 

Personal Information

The privacy of Your information is governed by the privacy policy (“Privacy Policy”) and additional provisions in this Agreement. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the Privacy Policy, which shall be deemed to be a part of this Agreement.

 

Basic Terms of Use

Your access to and use of this Website will be through a User Account, a unique account created on the Website to identify each User, that will be associated to Your personal login email (“Email”).

You are responsible for the use of the services provided through the Website and for restricting access to the electronic Device on which this Website is downloaded and/or accessed (“Device”), so as to prevent any unauthorised usage of this Website. You shall be solely responsible for any activity on this Website that occurs through Your User Account and shall not hold Us liable in this regard, for any reason whatsoever.

The Firm reserves the right to restrict or refuse Your access and/or usage to the Website in any manner, including but not restricted to termination of Your User Account or removal of the content associated with Your User account, without providing You with any reasons and without prior notice.

 

You shall not access or use or assist any other person to access or use this Website for the following purposes:

  • Any unauthorized use including without limitation any usage of the content provided on this Website not in conformity with the rights granted with respect to the same, may violate third party intellectual property rights as well as the laws of privacy for which You shall be solely responsible.

  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

  • Breaching any applicable laws;

  • Using or attempting to use any engine, software, tool, agent or other Device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate the software on this Website or reverse engineer it by copying, modifying, decompiling or dissembling; and/or

  • Gaining or attempting to gain unauthorized access to any part or feature of the Website or any other systems or networks connected to the Website or to any server, computer, network, by hacking or any other illegitimate means.

 

You agree and confirm:

  • That You are at least 18 (Eighteen) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. If You are under 18 (Eighteen) years of age and You wish to download, access or use the Website, Your parents or legal guardian must acknowledge and agree to the User Agreement. Should Your parents or legal guardian fail to agree or acknowledge the User Agreement, You shall immediately discontinue its use.

  • That You will use the Website and the services provided therein for lawful purposes only;

  • That You are allowed to use this website and/or receive services and it is not prohibited in your country or under any law or regulation applicable to You. By accepting this Agreement and using the Website, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines;

  • That You are aware that the Website may require specific Device configurations without which, the performance of the Website may be hindered; 

  • That You are aware that the Website may have access to Your geographical location, by way of use of an embedded software or by interacting with the embedded software on Your Device and You hereby confirm the usage of such software;

  • That You have and will continue to provide accurate, current and complete information during the registration and /or any time thereafter and to update such information to keep it accurate, current and complete;

  • That You also understand and acknowledge that the use of the Website requires internet connectivity. You shall bear the costs incurred to access and use the Website and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;

  • That You shall be solely responsible for all activities undertaken through Your User Account, whether or not you have authorized such activities or actions and shall, at all times, keep the Firm indemnified in this regard;

  • That You will not disclose Your Login credentials to any third person, unless You expressly desire for them to access and use Your User Account, and shall not hold Us liable in this regard, for any reason whatsoever;

  • That You are aware that the Services and/or services purchased from the Website are intended for Your personal use only are not for resale or any other commercial gain by You;

  • That You will not interfere with the proper working of the Website; and

  • That You shall be responsible for checking the content, service description and other related information before using the relevant service or content provided through this Website.

  • If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.

 

Listed Services and Service Offers

You acknowledge that the Website is only an online services platform that enables You to purchase the listed services (“Listed Service(s)”), including, making available relevant information related to the offer provided on the Listed Services (“Service Offer(s)”). 

 

The price of Services is governed by the scope of the Listed Services and the Firm may modify or amend such pricing, in its absolute discretion. All prices and Service Offers shall be mentioned in Indian Rupees Only; however, You may pay the prices in approved foreign currencies at the discretion of the Firm. You further acknowledge that the Firm has the right to change or remove the Listed Services and Service Offers at any time, at its discretion and/or revise the pricing, without any prior notice to You. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

When buying an item, you agree that You are responsible for reading the full item listing before making a commitment to buy it. Further, You agree that You have independently verified the contents of the Service Offer and have, at Your own volition and risk availed the benefits under the same.  You acknowledge that all Service Offers may not be available to all Users, but are dependent on the User’s usage of the specific Service associated with the Service Offers, and such other terms and conditions that the Firm deems fit.  We will not be liable for the selection process of the Service Offers for any reason whatsoever.

 

Purchase and Delivery

The Website is equipped with a “Register / Select” feature, which records the Listed Services that You intend to purchase when You purchase the Listed Service(s) and/or the Service Offer(s). Your purchase shall be deemed to be an order (“Order(s)”) only when You successfully make payment for such Order as described below by specifying Your Payment Option

 

Upon completing the payment process after placing the Order, You enter into a legally binding contract with the Firm for purchase of the Listed Services that You have ordered.

 

It is agreed that the Firm, shall not be delivering an Order, unless successful payment has been made for the Listed Services in the Order. No delays in payment shall be entertained for any reason whatsoever.

 

The processing and implementation of the Order in reasonable time is the endeavour of the Firm. However, the Firm shall not be responsible for the failure or any delay thereof due to circumstances beyond its control. The delivery of the Orders shall be during the working hours of the Firm.

As part of processing the Order, the Firm may contact You on Email or on Your Mobile Number mentioned in your user profile, for the purposes of fulfilment of the Order. We may also ask You to share certain basic information including but not limited to demographic details, work experience and Your alternative Email or Mobile Number. You undertake to provide correct information to Us on Your own accord at Your own risk.

 

Your Order shall be deemed to be cancelled, upon the occurrence of any of the following events and Our decision shall be final and binding:

  1. Non-availability of the Listed Services ordered or purchased;

  2. Failure to successfully pay for the Order;

  3. Failure to deliver Your Order due to lack of information, direction or authorization from You at the time of delivery;

  4. Failure due to reasons beyond Our control;

  5. Non-delivery of the Order due to an incorrect Email address provided by You.

 

Upon cancellation of Your Order, You will only be notified through Your Email listed in the User Account. The amount paid by You for the Order shall be refunded to You, depending on the policies and terms of the External Payment Processor, referred to herein below. We shall not be liable to pay any compensation for non-delivery of the Order or delay in the refund by the External Payment Processor.

 

Payments

You can make payments for Your Orders either online through the Website (“Online Payments”) or through payment links and/or digital invoice(s) shared upon Your request. Online Payments are processed by a third-party service provider that interacts with Your bank for the payments (“External Payment Processor”).  For the processing of Online Payments, You may be directed to the facilities of the External Payment Processor. You agree to make Online Payments for the Orders placed by You through the Website by way of modes available with and provided to You by the External Service Processor.

 

The Firm does not guarantee the efficiency of the External Payment Processor and its facilities and shall not be responsible for the failure of the External Payment Processor to process Your payment. The Firm does not charge You for placing the Orders, other than for payment of the Orders placed by you through the Website and does not control any additional charges that may be levied by Your bank or the External Payment Processor, for processing of the payments. However, the Firm shall make reasonable endeavours to ensure that the External Payment Processor notifies you of the additional charge, if any, levied by them for processing Your payments.

For the processing of Your payment by the External Payment Processor, You may be subject to the terms and conditions of another service provider including the controller of the External Payment Processor facilities and Your bank that may also govern the use of Your personal information collected by such party. You shall be required to review such terms and conditions at Your own risk and undertake the transactions therein, at Your own volition. The Firm shall not, under any circumstances be liable for any breach committed by the external service providers.

For the purposes of making Online Payments, You agree to provide all information necessary for the processing of such payments including but not restricted to Your credit/debit card details, passwords, billing address, etc., as applicable. You agree, confirm and understand that the details of credit/debit card or other such necessary details provided by You for this purpose are true and accurate.

You further undertake and confirm that You are authorized to use the credit/ debit card for the payments for Your Order(s). You hereby indemnify the Firm for any action or inaction on Your part which occurs consequent to or arises from the use of this payment mechanism including in respect of any decline of authorization for any transaction or for any direct or indirect loss or damage arising on account of such decline of authorization.  You acknowledge that in the event the payment is declined, for any reason whatsoever, Your Order will stand cancelled and You shall be notified of such cancellation through the Website.

Your credit/debit card details and any other information pertaining to the payment for Your Orders shall be encrypted on Your device and transmitted as such. The Firm will not have access to any such information. You agree to be solely liable for the fraudulent use of such credit/debit card/bank details and the onus to “prove otherwise” shall be exclusively on You. You further confirm and undertake that You are aware and are in compliance with all the applicable laws in relation to Your use of the credit/debit card, net banking or such other facilities provided to you by External Payment Processor (including applicable Indian laws for India based User(s) such as the Foreign Exchange Management Act 1999 as amended from time to time, regulations, notifications, circulars, guidelines which may be issued by the Reserve Bank of India, Information Technology Act, 2000, amended from time to time, and any other legal provision). The Firm shall not be liable, for any reason whatsoever for Your failure, neglect or non-compliance of such applicable law.

 

Fraudulent use of Website

Any fraudulent use of the credit/debit card or any other payment facility provided by the External Payment Processor which causes any monetary loss to the Firm or gives rise to any claim against the Firm as a result of Your action/inaction shall be recovered from You.

Without prejudice to the above, the Firm reserves the right to initiate legal proceedings against You for the fraudulent use of this Website or for any other unlawful act or omission in breach of this User Agreement. You hereby indemnify the Firm against any damages, claims or other demands in relation to the violation of any of Your obligations under this User Agreement and in relation to Your fraudulent use of the payment method on this Website.

 

Cancellation and Refund

As a general rule You shall not be entitled to cancel Your Order once You have received confirmation of the same. You shall be entitled to a refund only if You pre-pay for Your Order at the time of placing Your Order on the Website through Online Payment and only in the event of any of the following circumstances:

  1. Cancellation of Your Order due to (a) Non-availability of the Listed Services ordered or purchased; (b) Failure to deliver Your Order due to lack of information, direction or authorization from You at the time of delivery; (c) Failure due to reasons beyond Our control; or (d) Non-delivery of the Order due to an incorrect Email address provided by You;

  2. You cancel the Order at the time of confirmation due to unavailability of the items You ordered for at the time of booking.

 

Our decision on refunds shall be at Our sole discretion and shall be final and binding. All refund amounts shall be credited to Your account within maximum 30 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card or the External Payment Processor.

 

Intellectual Property

You agree and confirm that:

  1. All copyright, database right and all other proprietary rights, title and interest in all content presented on this Website (including but not limited to the graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“IP”) is owned by and/or licensed to FINVANTEDGE or owned by and/or licensed to the manufacturer of the Services and/or the Vendors and is or may be protected or covered by copyright, trademark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.

  2. No extracts of this Website or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way.

  3. Your use of the Services or this Website does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of FINVANTEDGE, the manufacturer of the Services and/ or any third party including the Vendors, whether implied or otherwise.

  4. FINVANTEDGE shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Services and/or their content.

 

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to FINVANTEDGE on or through this Website, any blog, Facebook, Instagram, LinkedIn, Twitter or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of this Website or purchase of the Services (collectively, the “Comments”) shall be and remain the property of FINVANTEDGE.

Such disclosure, submission or offer of any Comments shall constitute an assignment to FINVANTEDGE of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, FINVANTEDGE owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

FINVANTEDGE shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. FINVANTEDGE is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; and/or (3) to respond to any Comments.

You agree that any Comments submitted by You to this Website, any blog, Facebook, Instagram, LinkedIn, Twitter or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including FINVANTEDGE.

You further agree that no Comments submitted by You to the Website or on social networking platforms, as aforesaid, shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. FINVANTEDGE may not regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant FINVANTEDGE the right to use the name that You submit in connection with any Comments.

You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit, as aforesaid. You are and shall remain solely responsible for the content of any Comments you make and You agree to indemnify FINVANTEDGE for and against all claims resulting from any Comments You submit. FINVANTEDGE takes no responsibility and assumes no liability for any Comments submitted by You or any third party.

 

Objectionable Content

The Firm makes all endeavours to ensure that no objectionable content that is sexually explicit or racist is placed on the Website. However, since it is difficult to monitor the placement of such objectionable content, you will have an option to notify the Firm of such content and the Firm will take reasonable steps to remove it, in its discretion. You agree to use this Website and the Services at Your sole risk and that to the fullest extent permitted under applicable law, You agree to waive, any legal or equitable rights or remedies You may have against FINVANTEDGE against the services or content on the Website that may be deemed inaccurate, offensive, indecent, or objectionable to You.

 

Limitation of Liability

The website may be under constant upgrades, and some functions and features may not be fully operational.

Due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the website or delay or errors in functionality of the website. As a result, we do not represent that the information posted is correct in every case. FINVANTEDGE assumes no liability or responsibility for any such errors, mistakes, or inaccuracies of content.

We may have formed partnerships or alliances with third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.

While the materials provided on the website were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.

The information provided hereunder is provided “as is”. We and/or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

We shall not be liable to you or anyone else for any losses or personal injury or property damage, of any nature whatsoever, resulting from (i) your access to or use of our service, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, and (iii) arising out of or relating to the information provided on the website. In no event will we or our licensors or any of their officers, directors, employees, agents or sub-contractors or affiliates (“representatives”) be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

In no event shall the Firm or its representatives be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, loss of reputation, business interruption, loss of business information, or other pecuniary loss) arising out of the agreement, website, services or content or the use of or inability to use any service or content on the website, even if the Firm has been advised of the possibility of such damages.

 

Indemnity

You hereby agree to indemnify and hold the Firm, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors, employees, successors-in-interest and assigns harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions including the breach of any of the terms and conditions set out herein, which may result in (i) any loss or liability to the Firm or any third party; (ii) misuse of the Device or of any third person for accessing the Website and Services, including payments through the Website; or (iii) arising out of Your violation of any applicable laws and regulations, including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel or defamation, violation of rights of privacy or publicity, delay, misrepresentation, negligence, default, omission to act or misinformation or loss. You agree to provide the Firm with notice of any such claims as detailed in this provision and agree that the Firm shall have full authority to defend, compromise or settle such claims. You will provide cooperation and assistance necessary to defend such claims, at Your sole expense. This provision shall survive the termination of this Agreement.

 

Modification

We may at any time modify and/or amend the terms of this Agreement without any prior notification to You. In the event of any such modification of or amendment to the Agreement, the latest revised version of the Agreement shall be provided in the Website and shall become effective from the time of posting. You must regularly review this Agreement and in the event the modified or amended terms and conditions of the Agreement are not acceptable to You, You should discontinue using the Website and any other services offered on and/or through this Website. Your continued use of the Website will constitute Your acceptance of the latest revised Agreement. Additionally, the Firm reserves the right to withdraw, without prior notice to You, access to the Website and services thereof and to change, modify, revise the Website at any time.

Governing Law

Any dispute arising out of the Agreement, the Website or the Services shall be governed by the laws of India and the courts at Bangalore, India shall have exclusive jurisdiction with respect thereto.

General

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. If any provision of the Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Agreement will bind and inure to the benefit of Your permitted successors and assigns.

This Agreement (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between the Firm and You, with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

The Agreement is subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of the Firm’s right to comply with statutory requests or requirements relating to Your use of the services or information provided to or gathered by the Firm with respect to such use.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.

It is agreed that the rights herein are non-transferable. You shall therefore not assign or transfer any of Your rights under this Agreement, unless otherwise expressly permitted and any attempt by You to do so shall be void-ab-initio and not enforceable.

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