The terms and conditions contained herein below ("Terms of Use") and the privacy
policy which is available on the website will be deemed to have been accepted by you
on usage of website or application of Fintpro Systems (OPC) Private Limited
(hereinafter referred to as Fintpro),
Registered office: C406, Bren Champion Square
, Sarjapur Road, Carmelaram, 560035. You are requested to read and understand them
fully before you use Fintpro’s website or application or platform or use its services
(Fintpro Services). In case you are not agreeing to the Terms of Use you shall not
access the Fintpro website or avail any of its services. You understand that the access
to the website and services of Fintpro are conditional on the irrevocable consent and
acceptance of all terms of use mentioned herein (as may be amended from time to
time).
LAWFUL USER
You shall not access or use Fintpro’s website or application or services if you are unable to form a binding, legal agreement with Fintpro if you are an individual, or you do not possess’ legal authority to enter into contracts on behalf of the body corporate/company/partnership. You assume all responsibility for your use of, or access to, Fintpro’s website and/or application, including any User Content, and hereby waive all claims or causes of action against Fintpro, its affiliates, associates, its licensors, its service providers, partners, vendors and their respective officers, directors, employees, agents and representatives in connection therewith. User acknowledges that Fintpro is merely providing a platform for facilitating the transactions between User and the counterparties on the platform and shall not be in any manner responsible for the transactions or be construed as an agent of the client in relation to the services. The user shall be solely responsible for the use of the Fintpro Services provided by Fintpro. User shall also be solely responsible for its data uploaded to or transmitted through the Fintpro Services and the consequences of uploading or transmitting its data onto or through the Fintpro Services. The User agrees that Fintpro is not responsible for the accuracy, timeliness, or completeness of the information and product specifications it may obtain from the platform or the third parties registered on the platform. Fintpro shall not require any specific or additional consent from the client with regard to featuring user account information on its platform and displaying the same to all other counterparties as desired by Fintpro. The account created by the user for use in the platform shall be non-transferable. However, Fintpro might transfer, assign, or subcontract or dispose any of its rights, benefits, or obligations under the Terms of Use any time or appoint any third party to satisfy its obligations without any intimation to the user. User is solely responsible for its account and activities on it. User should ensure that login credentials are secure at all times. The user must ensure that only duly authorised personnel shall access and operate its account. Usage of Fintpro Services by the client shall be only for purposes permitted by any applicable law, regulation, or accepted practices or guidelines and shall not be for any illegal purposes. Any unauthorised usage of the account shall be promptly notified to Fintpro. User shall avail Fintpro services only through authorised access and shall not use any unauthorised means including but not limited to program, algorithm, hacking to access, utilise, copy or monitor any part of the Fintpro or its content. User shall not misuse or corrupt the Fintpro Services by introducing any viruses, trojans, malware, spyware or any similar program which is malicious or harmful. User shall not impersonate of misrepresent its affiliation with a person or entity.
TRUE REPRESENTATION
User, agree to provide true, accurate, current and complete information about yourself and your company, and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. Fintpro is not responsible for verifying the accuracy or completeness of any such information. User must ensure that it has the necessary rights, consents, permissions, authority to upload, transmit or publish such data and it grants Fintpro express irrevocable license and authorization to use such data for the services and any use of any use of Fintpro of such data uploaded, transmitted or published by it on the platform will not lead to infringement of any rights. User acknowledges that Fintpro does not verify the genuineness or lack thereof in relation to User or information shared by the user and it shall be the sole responsibility of the user. Information provided by the User shall be in compliance with all applicable laws in force.
AMENDMENTS
Fintpro reserves the right to amend these Terms of Use at any time and will notify you of any such changes by posting the revised Terms of Use on the website. You should check these terms and conditions on the website and / or application periodically for changes. All changes shall be effective upon posting. Your continued use of the website or application after any change to these terms and conditions constitutes your agreement / consent to be bound by any such changes.
USE OF THE SITE / APPLICATION
Fintpro may terminate, suspend, change, or restrict access to all or any part of its website or mobile application without notice or liability. User agrees and acknowledges that Fintpro shall not be liable for any delay, rejection, or approval of any application / proposal made through the platform to any counterparty, or any failure on the part of counterparties to settle or conclude any transactions with any counterparty. User agrees and acknowledges that all reports and documents provided on Fintpro and any information provided by Fintpro has been prepared based on information, data, and documents furnished by the User. Fintpro shall not be responsible and liable for any error, omission or shortcomings in such reports, documents on account of any shortcomings, error, omission of any nature in information collected from / furnished by the user or any other party in this regard. User acknowledges and agrees to grant Fintpro the permission as well as rights to store, transfer, delete or modify its data as part of Fintpro services. Fintpro will use standard facilities to store and process user information which will be at par with Fintpro storing its own information. Fintpro reserves the right to collect information like IP addresses, clickstream patterns, internet domain, host names, IP addresses, time, etc. to perform data analytics. When you browse Fintpro website we may use cookies and /or Pixel tags to collect information and store your online preferences. Fintpro does not guarantee uninterrupted access to the platform which may get disrupted or suspended at times on account of events like repair, maintenance, upgrading, system failure, force majeure events, etc. Fintpro shall not be responsible for any losses or damages suffered due to any of the above and the platform is provided on “as is” and “as available basis”.
OWNERSHIP
All contents present on Fintpro’s website(www.Fintpro.com) and application are the exclusive property of Fintpro or of the respective counterparties as the case may be. The software, text, images, graphics, video and audio used on Fintpro’s website and mobile application belong to Fintpro. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. No material / content from Fintpro’s website / mobile application shall be copied, reproduced, distributed, modified, republished, uploaded, transmitted, posted or distributed in any form by you, nor you shall create derivative works from the contents of website / application of Fintpro. Further, you agree not to reverse engineer or reverse compile any of the service technology associated with the service through website / application of Fintpro. However, Fintpro grants you nonexclusive, non-transferable, limited permission to access and display the web / application pages within Fintpro’s website or mobile application, solely on your computer or your mobile phone / tablet and for your non-commercial use of Fintpro’s website or application. This permission is conditioned on (i) you not modifying the content displayed on Fintpro’s website or application, (ii) you keeping intact all copyright, trademark and other proprietary notices, (iii) your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in Fintpro’s website or application, (iv) your agreeing to acknowledge Fintpro as the source, citing the uniform resource locator (URL) of the page / mobile application from which the information has been taken.
CONFIDENTIALITY
User acknowledges and agrees that all data, information, or any details with respect to Fintpro Services is of sensitive and confidential nature. User undertakes to keep all confidential information confidential and shall ensure that none of its employees, agents, representatives do anything to breach confidentiality. The User may disclose confidential information only to its employees, representatives, or agents on a need to-know basis and only for the performance of its obligations under the transactions or services or to the extent required by any regulatory authority or governmental authority under applicable law. User agrees to take all necessary action to protect confidential information against misuse and use it only in connection with the transaction/ service for which it is obtained.
PROPRIETARY RIGHTS IN SITE CONTENT LIMITED LICENSE, CONTENT
You represent, warrant, and agree that no materials of any kind posted or shared by you will violate or infringe upon the rights of Fintpro and/or any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory, or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of website or mobile application users from the Fintpro’s website or application by electronic or other means for the purposes of sending unsolicited emails, making unsolicited mobile / telephonic calls, or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the website or mobile application of Fintpro or for any other purpose. You further agree that you may not use the Fintpro’s website or application or any Portal in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the website or mobile application. In addition, you agree not to use Fintpro’s website or application to do any of the following: - Upload, post, transmit, share, store, or otherwise make available any content that Fintpro deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable. Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity. Upload, publish, send, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Upload, publish, transmit, share, store, or otherwise make publicly available on the Fintpro’s website or mobile application any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Permanent Account Number (PAN), Financial statements, Aadhaar number, Registration details without due authorisation. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes. Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law. Use or attempt to use another’s account, service, or system without authorization or create a false identity on Fintpro’s website or application. Upload, post, transmit, share, store, or otherwise make available content that, in the sole discretion of Fintpro, is objectionable or which restricts or inhibits any other person from using or enjoying Fintpro’s website or application, or which may expose Fintpro or its website / application users to any inconvenience, harm or liability of any type.
TRADEMARKS
Fintpro is a registered trademark of Fintpro. This trademark may not be used in any manner without prior written consent from Fintpro. The names of actual companies, firms or other associations and the products and services mentioned herein may be the trademarks of their respective owners.
LINKS
All links to Fintpro’s website and application must be approved in writing by Fintpro, except that Fintpro consents to links in which the link and the pages that are activated by the link do not (i) create frames around any page on website / mobile application or use other techniques that alter in any way the visual presentation or appearance of any content within the website or mobile application; (ii) misrepresent your relationship with Fintpro; (iii) imply that Fintpro approves or endorses you, your website or your service or product offerings; and (iv) present false or misleading impressions about Fintpro or otherwise damage the goodwill associated with Fintpro's name and/or trademarks. As a further condition to being permitted to link to its website or application, you agree that Fintpro may at any time, in its sole discretion, terminate permission to link to its website or application. In such event, you agree to immediately remove all links to Fintpro’s website or mobile application.
PRIVACY POLICY
By using the website or application of Fintpro, you consent to the use of your information as stated in our Privacy Policy.
THIRD PARTY ACCOUNTS
By using the website / application of Fintpro, you authorize Fintpro and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For purpose of processing your third party product application / request which you have applied through website / application of Fintpro, you hereby grant Fintpro and Service Provider a limited power of attorney, and you hereby appoint Fintpro and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You Acknowledge and agree that when Fintpro or service provider accesses and retrieves information from 3rd party sites, Fintpro and service provider are acting as your agent and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the website or application of FINTPRO.
FEE
User shall agree to pay FINTPRO charges / fee, as specified by FINTPRO for availing the services through Fintpro Services. User shall be responsible to identify and pay all statutory obligations as applicable, taxes, duties, cess, etc. with respect to the transactions availed from Fintpro Services. Fintpro shall not be liable to pay any taxes which are payable by user to any statutory authority for any such transaction.
DISCLAIMER OF WARRANTIES
In Fintpro’s website or application, the content / application is made available “as is” and “available basis” without any warranty of any kind, either express or implied. We make no guarantee on the accurateness and completeness of data on the site. We also disclaim any warranty that the site content or user content on the site will be free from viruses, worms, trojan horses or any such malicious code that may contaminate or destruct properties.
LIMITATION OF LIABILITY
Fintpro, its employees, agents or service provider or any of its agents, associates or service provider or any of its associates under no circumstance shall be responsible and liable to you or any other person for any direct, indirect, incidental, consequential or punitive damages, costs, or fees of any nature arising out of or relating to use of or the operation of Fintpro website, any of its services. Your only remedy shall be to discontinue the usage of the Fintpro website and its services. Fintpro shall not be liable or responsible in anyway for issues while accessing the services or during transfer of any data, any loss while accessing the platform including but not limited to viruses, bugs, trojans, malware's, etc. Fintpro shall not be responsible for inaccuracy of data on the website / platform, breach of terms or use by counterparty, or any transaction between the user and counterparty through the platform.
INDEMNITY
ou agree to indemnify, defend and hold FINTPRO harmless from and against all losses, expenses, damages and costs, including reasonable advocate / solicitor / attorneys' fees, arising out of or relating to use by you of the content and services provided on the website or application of FINTPRO.
ASSIGNMENT
You may not assign or otherwise transfer your rights or obligations
under these Terms. FINTPRO may assign its rights and duties under these Terms
without any such assignment being considered a change to the Terms and without
any notice to you.
WAIVER: If FINTPRO failed to act on your breach or anyone else's breach on any
occasion, FINTPRO is not waiving its right to act with respect to future or similar
breaches. No single or partial exercise of any right, power , or privilege under the terms
and conditions shall prevent any other exercise thereof or the exercise of any other
right, power, or remedy.
LAW AND JURISDICTION: This Terms of Use, shall be governed by and construed
in accordance with the laws of the Republic of India and the user hereby submits
themselves to the exclusive jurisdiction of the courts and tribunals at BANGALORE,
India in relation to any disputes arising out of or in connection with these terms and
conditions. The user irrevocable waives any objection it may have now or in the future
to the choice of courts and tribunals of Bangalore, India as an inconvenient forum.
SEVERABILITY: Each of the provisions contained herein shall be severable and
distinct from every other provision and if at any time any one or more of such provisions
is or becomes invalid illegal or unenforceable, the legality end enforceability of the
remaining provisions hereof shall not be in anyway affected or impaired thereby.
INFORMATION ABOUT FINTPRO: Through its website and application FINTPRO is
acting as online marketplace / platform bringing together borrowers and lenders.
FINTPRO is merely a facilitator providing an online marketplace / platform for
borrowers in need of loans from lenders and lenders willing to disburse loans to
borrowers. FINTPRO merely facilitates a transaction of borrowing and lending
between two such persons. FINTPRO is not a Financial Institution under the
Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the
time being in force in India. FINTPRO is also not a deposit taking company or a chit
fund or a company offering any investment schemes as per the rules and regulations
for the time being in force in India.
FINTPRO advises you to print a copy of these terms and conditions for your future
reference.
If you have any questions, comments, concerns or feedback regarding this “Terms of
Use” please write us at assist@fintpro.com.
Definitions
“User” means In case of an individual, any person who has account on the platform or in case of persons other than individuals (i) Any entity who holds an account on the platform and who may access the platform through its representatives or authorised officials (ii) An entity on whose behalf any authorised representative or person may hold an account on and access the platform. “Force Majeure Events” are any events, acts, omissions, happenings beyond the reasonable control of Fintpro and includes without limitation events like war, riot, terror attacks, threat of war, strikes or similar industrial actions, fire, explosion, natural disasters, disruption in communication or internet or cloud services, government regulations or restrictions. “Platform” means the platform (including related services) launched by Fintpro to provide services to the client.