- INTRODUCTION AND OBJECTIVE
Finconvenio Services Private Limited (“Finequs”) is a multi-product, multi-brand financial service (“Services”) distribution marketplace with a commitment towards providing Services to all segments of society. Finequs, along with its Lending Partners (as defined in the Finequs’ Terms of Service for Credit Information Report), have always emphasized sourcing quality Customers (as defined below) without having to mis-sell and or mis-guide Customers in the journey. This Code of Conduct (as defined below) is designed to promote integrity and to deter wrongdoing. It provides an overview of Finequs’ expectations from its Users (as defined below). The following Code of Conduct (“Code of Conduct”) is required to be followed by all the Users of the Platform (as defined below). By accessing, using, downloading, or installing and subscribing to use Finequs’ website and/or Finequs’ proprietary platform at https://prod.finequs.com (“hereinafter collectively be referred to as “Platform”) the Users acknowledge that they have read, understood and are bound to comply with the Code of Conduct. Finequs reserves the right to modify the Code of Conduct, as and when it deems necessary, and shall timely notify such changes on the Platform, via email or through other appropriate means.
- APPLICABILITY
Upon adoption and inclusion as part of an agreement between Finequs, the Code of Conduct will apply to all persons including but not limited to (i) Users who access, use, or interact with the Platform to obtain loans, credit cards, or other financial services (hereinafter referred to as “Customers”); and (ii) all persons involved in marketing and distribution of any credit card, loan or any other financial product listed on Platform (hereinafter collectively be referred to as “Users”). The Users must agree to abide by this Code of Conduct prior to undertaking any direct marketing operation on behalf of Finequs and its respective Lending Partners or availing the Services and accessing the Platform. Any Users found in violation of this Code of Conduct may be blacklisted and such action taken be reported to Finequs. Failure to comply with this requirement may result in the permanent termination of the business of the Providers (as defined below) with Finequs and may even lead to the permanent blocking of access to the Platform.
- COMPLIANCE WITH LAWS AND REGULATIONS
The Platform operates within a framework of rigorous legal and regulatory standards to uphold the integrity and legality of its lending marketplace. In adherence to these principles, Users are required to comply with a comprehensive set of laws and regulations governing the Services.
3.1. Adherence to legal and regulatory framework:
a. The Users shall strictly adhere to all applicable local, national, and international laws and regulations governing lending and financial services.
b. Compliance encompasses adherence to consumer protection laws, anti-discrimination statutes, usury regulations, and any other legal frameworks
pertinent to the provision of Services.
c. It is imperative that Users ensure their practices, policies, lending products and/or rendering of Services align with the legal requirements of
the jurisdictions.
3.2. Proactive compliance monitoring and updates:
a. Regular monitoring of updates from relevant regulatory authorities is obligatory, with Users promptly integrating any changes into their operational
framework to ensure sustained compliance.
b. While Finequs may issue periodic updates on regulatory alterations, the Users bear the ultimate responsibility for independently staying abreast of
legal developments.
c. In the event of any legislative changes, Providers are obligated to conduct comprehensive assessments and if deemed necessary, make requisite
modifications to their practices to align with
the updated legal framework.
- TELE-CALLING OR VISITS / CUSTOMER CONTACTS
Any person who is a potential customer or who has
shown some interest in our Services (“hereinafter collectively be referred to as “Prospects”) can be contacted for sourcing
a bank / NBFC / Lending partner product or bank-related product only under the following circumstances:
a. When the Prospect’s name/telephone no/ address is available & has been taken from one of the lists/directories/databases approved by the
Organisation Manager/ Team leader, after obtaining his/ her consent.
b. The Provider should not call a person whose name/number is flagged in any “do not disturb” list made available to him/her.
c. Respect personal space – maintain adequate distance from the Prospect. Do not enter the Prospect’s residence / Office against his / her wishes.
d. Limit discussions with the Prospect to the business – Maintain a professional distance.
e. All tele-calling is to be done from an approved Telecom Regulatory Authority of India (‘TRAI’) registered marketing line only.
- TRANSPARENT AND ACCURATE INFORMATION
5.1 Provision of Comprehensive Product Information
a. All persons who are providing the Services (“hereinafter collectively be referred to as “Providers”) on the Platform
are obligated to furnish the Prospects with thorough and transparent information concerning their offered products.
b. This obligation encompasses disclosing details about terms, conditions, fees, and interest rates associated with each lending product without
omission or misrepresentation, while also ensuring clarity for Prospects and Customers that neither Finequs nor its
employees or agents will request the Customers, visitors, or Prospects to pay fees/deposit money for any of the Services.
c. Information shall be presented in a clear and easily understandable manner, ensuring that the Prospects can discern the suitability and
implications of the lending products under consideration.
d. Finequs strongly advocates for the use of standardized formats or disclosure templates to promote consistency and facilitate a user-friendly
experience for the Prospects.
5.2 Prohibition of False or Misleading Representations
a. Avoidance of False or Misleading Practices:
i. Providers must refrain from engaging in any practices that involve making false or misleading representations about the features, benefits,
or terms of the Services.
ii. This includes but is not limited to, avoiding exaggerated claims, misrepresenting potential financial outcomes, or obscuring key terms that
may impact Prospects’ understanding of the Services.
b. Emphasis on Truthful and Accurate Information:
i. Finequs emphasizes the critical importance of presenting information truthfully and accurately to maintain the integrity of the lending
marketplace and ensure that the Prospects can trust the information provided.
ii. Providers are likewise prohibited from misleading Prospects regarding any Services or product offered, including misrepresenting their
business or organization's name or falsely representing themselves.
5.3. Specific Prohibitions for Providers:
The Providers must adhere to strict guidelines prohibiting the following actions:
a. Misleading the Prospect on the Service or product offered.
b. Misleading the Prospect about their business or organization's name, or falsely representing themselves.
c. Making any false or unauthorized commitment on behalf of Finequs or any Lending Partner for any facility or service.
d. Inputting incorrect details of Customers' income, address, etc., to qualify cases.
e. Disclosing proprietary or confidential information in any contact with competitors or third parties.
f. Indulging in malpractice such as tampering with Customer documents, misinterpreting facts, fudging customer signatures, or
falsifying records or information.
g. Creating or submitting fake or forged documents.
h. Coaching, prompting, or educating Customers to conceal information or misrepresent facts against credit policy.
i. Forwarding leads or sharing databases with unauthorized persons or sources outside the organization.
j. Accepting documents via email, WhatsApp, or any other social media platform.
k. Providing commitments on the sanctioning of loans or cards to Customers.
5.4. Enforcement and Consequences:
a. Finequs reserves the right to conduct periodic reviews to verify the accuracy and transparency of
the information provided by the Providers.
b. Non-compliance with this clause may result in consequences outlined in Clause 10 of this Code of Conduct.
- INDISCIPLINE AND MISCONDUCT
This clause outlines the specific acts that
constitute indiscipline and misconduct within the Platform, along with the consequences associated with such behaviour.
It serves to maintain a professional and disciplined work environment, ensuring adherence to ethical and behavioural
standards among all participants in the Platform.
6.1 The Instances of indiscipline and misconduct within the Platform encompass the following actions:
a. Presence under the influence of alcohol, drugs, or controlled substances while at the workplace.
b. Failure or neglect of duties during work hours.
c. Tampering with or destroying evidence or official documents pertinent to the company's business.
d. Unauthorized disclosure of information regarding the company's business to any party not authorized to receive it.
e. Violation of rules, regulations, notices, orders, and instructions issued by Finequs as communicated from time to time.
f. Acts of insubordination, engagement in groupism, incitement of employees, or cessation of work without proper authorization.
g. Misconduct involving seniors, colleagues, or other employees.
h. Refusal to collaborate in an investigation or non-compliance with the requirement to appear for an investigation within 2 (two) working
days or as stipulated by the designated authority, constituting non-cooperation.
i. Issuing threats to investigating authorities, Customers, officials of the organization, or client organizations.
j. Forgery of visiting cards or unauthorized utilization of the Bank logo or Finequs Logo on visiting cards.
6.2 Consequences of Indiscipline and Misconduct:
Violations of the above-stated acts of indiscipline and misconduct may result in consequences as outlined in Clause 10 of this Code of Conduct.
- CUSTOMER PRIVACY
This clause outlines the measures and
responsibilities related to ensuring the privacy and security of the Customer information on the Platform. It
emphasizes the importance of data protection, compliance with regulations, and proactive measures to address
any potential breaches or vulnerabilities.
7.1. Data Protection and Security Measures:
a. Providers on the Platform are entrusted with the responsibility to respect and protect the privacy of Customers.
b. Providers should regularly assess the effectiveness of their security measures and update them as necessary to address emerging threats and vulnerabilities.
7.2. Responsible Handling of Customer Information Measures:
a. Providers must handle Customer information responsibly and with the utmost care, ensuring compliance with data protection laws and regulations.
b. Collect only the necessary information required for legitimate business purposes and obtain Customer consent for processing personal data.
c. Use Customer information only for the purposes explicitly communicated to Customers, refraining from unauthorized or unnecessary data processing.
d. Establish and communicate clear data retention policies, ensuring that Customer information is retained only for the duration necessary to fulfil the intended purposes.
e. Finequs may conduct periodic audits to assess compliance with data protection and privacy standards. Providers are expected to cooperate fully and promptly address any identified deficiencies.
f. In the event of a data breach, Providers must promptly notify affected Customers, Finequs, and relevant authorities in accordance with applicable laws.
g. Finequs reserves the right to establish and communicate additional guidelines on customer privacy, and Providers are required to incorporate such guidance into their data protection practices.
- GIFTS OR BRIBES
Providers must not accept gifts from Customers or bribes of any kind. Any Provider offered a bribe or payment of any kind by a Customer must report the offer to his/her management.
- CUSTOMER CONDUCT AND RULES ON THE PLATFORM
9.1. The Customer shall not host, display,
upload, modify, publish, transmit, update, or share any information which:
a. belongs to another person and to which you do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatsoever;
c. is misleading in any way;
d. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
e. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
f. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number),
or rights of publicity;
g. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
h. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
i. contains video, photographs, or images of another person (with a minor or an adult);
j. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account
information, bulletins, friend requests, or other areas of the Platform or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users.
k. interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services;
l. infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy
or shall not be fraudulent or involve the sale of counterfeit or stolen products;
m. violates any law for the time being in force;
n. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or
causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting
any other nation.
9.2. A Customer may be considered fraudulent or loss to business due to fraudulent activity in the event:
a. Customer fails to produce adequate documents during the payment details verification.
b. Misuse of another Customer’s address/phone/email;
c. Customer uses invalid address/email/phone number;
d. Customer refuses to pay for any Services;
e. Miscellaneous activities conducted with the sole intention of causing loss to Finequs.
9.3. Violations of the above-stated conducts and rules may result in consequences as outlined in Clause 10 of this Code of Conduct.
- CONSEQUENCES OF NON-COMPLIANCE
Ensuring adherence to ethical and
operational standards is paramount to maintaining the integrity of the Platform. Providers are expected
to uphold the principles outlined in this Code of Conduct. Failure to comply may result in a range of
consequences, as detailed below, aimed at preserving the Platform's credibility and protecting the
interests of all stakeholders.
10.1. Suspension or Termination of Platform Access:
a. Failure to comply with this Code of Conduct may result in the suspension or termination of access to the Finequs Platform.
b. Finequs reserves the right to assess the severity of the violation and impose appropriate sanctions commensurate with the breach.
c. Suspension or termination of Platform access may be temporary or permanent, depending on the nature and gravity of the non-compliance,
and any mitigating factors deemed relevant by Finequs.
10.2. Legal action in cases of severe or repeat offenses:
a. In instances of severe or repeated violations, Finequs may initiate legal proceedings against the erring Providers.
b. Legal recourse may include seeking damages, injunctive relief, or pursuing other legal remedies available under applicable laws.
c. Finequs will exercise its right to legal action judiciously, ensuring due process is followed and allowing the offending party to rectify
the violations before resorting to legal measures.
d. Providers shall be held liable for any legal costs or damages incurred by Finequs as a consequence of their non-compliance.
10.3. Affirmation of commitment:
a. By choosing to operate on the Platform, Users reaffirm their commitment to upholding this Code of Conduct and its underlying principles.
b. This affirmation underscores the mutual understanding that adherence to ethical, legal, and operational standards is fundamental to
maintaining the integrity and reputation of the Finequs Platform.
c. Users are encouraged to periodically review and update their practices to ensure continued compliance with this Code of Conduct.