GENERAL TERMS OF USE
1. INTRODUCTION
2. APPLICABILITY
3. ELIGIBILITY
4. PROPRIETARY RIGHTS
5. YOUR ACCOUNT AND PERSONAL INFORMATION
Finconvenio Services Private Limited (“Finequs”,
“We”, “Our”, “Us”) is a
multi-product, multi-brand financial service
(“Services”) distribution marketplace with a
commitment towards providing Service to all segments of the
society. We have implemented these Terms of Use
(“Terms”) to limit and govern the access or
usage rights of the website/mobile apps/ retail
outlets/proprietary outlets/franchised outlets
(“Platform”) of the Users (as defined below).
These Terms shall be read in conjunction with the Privacy
Policy available on
www.finequs.com
2. APPLICABILITY
These Terms shall apply to any person (“User”,
“You”, “Your”) who
accesses/browses/uses and registers on Our Platform to avail
Our Services. By using/availing/accessing Our Platform and
Services or any products offered by Our partner
institutions, or third parties as identified by Us on the
Platform. You understand and agree that We will treat such
use of the Services and Platform as acceptance of these
Terms. Further, You may be required to agree to any
additional terms with regard to any specific Services that
You may avail in the future.
3. ELIGIBILITY
The User hereby represents and warrants that he/ she is:
a) at least 18 (eighteen) years of age and legally competent to avail/use the Services and/or Platform;
b) a resident of India (and in the case of retailers, outlet owners, or franchisers, is legally eligible to carry out or operate a business in India);
c) solely responsible for understanding and complying with any and all applicable laws relevant to them and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of them.
a) at least 18 (eighteen) years of age and legally competent to avail/use the Services and/or Platform;
b) a resident of India (and in the case of retailers, outlet owners, or franchisers, is legally eligible to carry out or operate a business in India);
c) solely responsible for understanding and complying with any and all applicable laws relevant to them and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of them.
4. PROPRIETARY RIGHTS
4.1 For the purposes of these Terms, the “Proprietary
Rights” shall mean any rights in patents, utility
models, trademarks, service marks, trade names, other
trade-identifying symbols and inventions, copyrights, design
rights, database rights, rights in know-how, trade secrets
and any other intellectual property rights pertaining to Our
Platform/Services, anywhere in the world, whether registered
or unregistered and including applications for the grant of
any such rights.
4.2 All rights, titles and interests in the Proprietary Rights pertaining to the Services and the Platform, shall be solely owned by Us. You shall not disclose any information that forms part of the Services, which is designated as confidential by Us without Our prior written consent.
4.3 You undertake not to remove, obscure, or alter any Proprietary Rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services.
4.4 You shall not sell Our Services, information, or software associated with or derived from it or manual process to monitor or take any action that imposes an unreasonably or disproportionately large load on Our infrastructure/network or use any device, or interfere or attempt to interfere with the Our Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Us or to manipulate your presence on the Website.
4.5 Further, You shall be solely liable for any damages, or loss arising out of violation of these Terms. Under such event, We may, at Our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Platform.
4.2 All rights, titles and interests in the Proprietary Rights pertaining to the Services and the Platform, shall be solely owned by Us. You shall not disclose any information that forms part of the Services, which is designated as confidential by Us without Our prior written consent.
4.3 You undertake not to remove, obscure, or alter any Proprietary Rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services.
4.4 You shall not sell Our Services, information, or software associated with or derived from it or manual process to monitor or take any action that imposes an unreasonably or disproportionately large load on Our infrastructure/network or use any device, or interfere or attempt to interfere with the Our Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Us or to manipulate your presence on the Website.
4.5 Further, You shall be solely liable for any damages, or loss arising out of violation of these Terms. Under such event, We may, at Our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Platform.
5. YOUR ACCOUNT AND PERSONAL INFORMATION
5.1 You shall maintain and be solely responsible for the
confidentiality of Your passwords, login and account
information. We shall not bear any responsibility for
unauthorized access to the account through Your login and
password.
5.2 You agree and undertake to provide true, accurate, and complete information about Yourself as and when required for availing of the Service. We undertake to protect such information and shall always ensure adherence to the best practices in the industry including in areas such as information security, data protection and privacy law; and has implemented a Privacy Policy towards the same.
5.3 In the event You provide untrue, inaccurate, or incomplete information (or such information becomes untrue, inaccurate or incomplete) or We have reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, then We reserve the right to suspend or terminate Your account and/or refuse any and all current or future use of the Platform (or any portion thereof) or Services in connection thereto.
5.4 We may send an OTP to Your registered number for verification purposes.
5.5 You agree and authorise Us to share Your information, with Our service providers, partner banks/financial institutions, and other third parties, for marketing purposes/ cross-selling various products/value added services tailored as per Your requirements or generally otherwise.
5.6 By use of the Platform, and furnishing Your personal and any other details as required to provide Services by Us, You hereby agree and confirm that:
a) You are interested in knowing more or availing and/or purchasing various products, Services, offers, campaigns or other promotional material that We or any other third party, authorised by Us, may offer/ provide/share/send You from time to time through any means, inter alia, calls, SMS, electronic mail (e-mail), WhatsApp or any other messaging service/ mobile application or any other physical, electronic or digital means as provided by You.
b) You authorise Us to contact You through Your registered mobile number or email, to understand Your interest in the selected products and Services and to complete Your loan/credit card application.
5.7 By availing Our Services, You authorize Us to obtain Your data/ information from the public registry, as may be necessary to complete Your profile or Your application on the Platform solely for assessing Your eligibility for the availed Services by any other third party and/or to process Your application through the Platform.
5.8 We shall not be liable to You against any liability or claims which may arise out of such transactions as You explicitly confirm and agree that any and all such personal information is being collected, used, processed and shared with Your explicit consent.
5.9 We may obtain sufficient information to establish the identity of each new user, to its satisfaction or the satisfaction of banks/financial institutions, and to ascertain the purpose of the intended nature of the relationship between You and the bank/financial institution. You agree and acknowledge that We undertake enhanced due diligence measures (including any documentation), to satisfy ourselves relating to customer bona fides in line with the requirements and obligations under applicable laws and regulations of India.
5.10 In addition to the above, You agree that the We may, at any time at Our sole and absolute discretion, without advance notice or liability, suspend, terminate or restrict Your access to all Services/Platform upon violation of these Terms.
5.11 You have the right to place a request not to receive such communication/ marketing material going forward, it shall be applied prospectively only and shall not apply with respect to Your data already shared by Us with its partners upon Your prior consent. In case You do not wish to receive any such communication/marketing materials from our partner banks/financial institutions/third parties, You shall get in touch with them independently, without holding Us liable at any manner.
6. PRIVACY POLICY
7. THIRD-PARTY LINKS/OFFERS
8. DISCLAIMER
9. INDEMNITY
10. LIMITATION OF LIABILITY
11. GOVERNING LAW AND DISPUTE RESOLUTION
12. WAIVER
13. FORCE MAJEURE
14. ASSIGNMENT
15. AMENDMENT
5.2 You agree and undertake to provide true, accurate, and complete information about Yourself as and when required for availing of the Service. We undertake to protect such information and shall always ensure adherence to the best practices in the industry including in areas such as information security, data protection and privacy law; and has implemented a Privacy Policy towards the same.
5.3 In the event You provide untrue, inaccurate, or incomplete information (or such information becomes untrue, inaccurate or incomplete) or We have reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, then We reserve the right to suspend or terminate Your account and/or refuse any and all current or future use of the Platform (or any portion thereof) or Services in connection thereto.
5.4 We may send an OTP to Your registered number for verification purposes.
5.5 You agree and authorise Us to share Your information, with Our service providers, partner banks/financial institutions, and other third parties, for marketing purposes/ cross-selling various products/value added services tailored as per Your requirements or generally otherwise.
5.6 By use of the Platform, and furnishing Your personal and any other details as required to provide Services by Us, You hereby agree and confirm that:
a) You are interested in knowing more or availing and/or purchasing various products, Services, offers, campaigns or other promotional material that We or any other third party, authorised by Us, may offer/ provide/share/send You from time to time through any means, inter alia, calls, SMS, electronic mail (e-mail), WhatsApp or any other messaging service/ mobile application or any other physical, electronic or digital means as provided by You.
b) You authorise Us to contact You through Your registered mobile number or email, to understand Your interest in the selected products and Services and to complete Your loan/credit card application.
5.7 By availing Our Services, You authorize Us to obtain Your data/ information from the public registry, as may be necessary to complete Your profile or Your application on the Platform solely for assessing Your eligibility for the availed Services by any other third party and/or to process Your application through the Platform.
5.8 We shall not be liable to You against any liability or claims which may arise out of such transactions as You explicitly confirm and agree that any and all such personal information is being collected, used, processed and shared with Your explicit consent.
5.9 We may obtain sufficient information to establish the identity of each new user, to its satisfaction or the satisfaction of banks/financial institutions, and to ascertain the purpose of the intended nature of the relationship between You and the bank/financial institution. You agree and acknowledge that We undertake enhanced due diligence measures (including any documentation), to satisfy ourselves relating to customer bona fides in line with the requirements and obligations under applicable laws and regulations of India.
5.10 In addition to the above, You agree that the We may, at any time at Our sole and absolute discretion, without advance notice or liability, suspend, terminate or restrict Your access to all Services/Platform upon violation of these Terms.
5.11 You have the right to place a request not to receive such communication/ marketing material going forward, it shall be applied prospectively only and shall not apply with respect to Your data already shared by Us with its partners upon Your prior consent. In case You do not wish to receive any such communication/marketing materials from our partner banks/financial institutions/third parties, You shall get in touch with them independently, without holding Us liable at any manner.
6. PRIVACY POLICY
Our
Privacy Policy
explains how we treat your personal data and protect
your privacy when you use the Service.
7. THIRD-PARTY LINKS/OFFERS
7.1 You understand and acknowledge that display of
loans, credit cards or other financial products,
offered by third parties, partners, banks or other
financial institutions on the Platform does not in any
way imply, suggest, or constitute any sponsorship,
recommendation, opinion, advice or approval provided
by Us in favour/against such third parties, partners,
banks and financial institutions or their products.
You also agree that We are not responsible for the
accuracy, timeliness or completeness of information
You may obtain from these third parties.
7.2 Further, Your interaction with any third party through the Platform is solely at Your risk, and We has no control over such third-party websites and resources and content posted on such Platforms. You acknowledge and agree that We are not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. These third-party websites are governed by their own terms and conditions and privacy policy, and We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.
7.2 Further, Your interaction with any third party through the Platform is solely at Your risk, and We has no control over such third-party websites and resources and content posted on such Platforms. You acknowledge and agree that We are not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. These third-party websites are governed by their own terms and conditions and privacy policy, and We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.
8. DISCLAIMER
8.1 THE PLATFORM AND ALL CONTENT AND SERVICES PROVIDED
ON THE PLATFORM ARE PROVIDED ON AN ‘AS IS’
AND ‘AS AVAILABLE’ BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES
ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR
COURSE OF PERFORMANCE. WE MAKE NO WARRANTY AND
EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE
CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE,
ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (B) THE
PLATFORM WILL MEET YOUR REQUIREMENTS OR WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE PLATFORM OR ANY SERVICES OFFERED
THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE; (E)
THIS PLATFORM, ITS SERVERS, OR E-MAIL SENT BY US ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THE
QUALITY OF ANY SERVICES OBTAINED BY YOU THROUGH THE
PLATFORM WILL MEET YOUR EXPECTATIONS.
8.2 FURTHER, YOU AGREE THAT SOME OF THE CONTENT POSTED ON OUR PLATFORM WITH AN INTENT TO CREATE GENERAL AWARENESS ABOUT VARIOUS FINANCIAL AND ANCILLARY SERVICES BUT DOES NOT CONSTITUTE ANY ADVICE, AND THE SAME SHALL NOT BE CONSTRUED AS ANY SOLICITATION, ENDORSEMENT, ADVERTISING, MARKETING OR PROMOTION OF SUCH SERVICES BY US. THIS CONTENT AND/OR INFORMATION ARE DERIVED FROM PUBLICLY AVAILABLE SOURCES AND WE MAY NOT VERIFY OR CONFIRM THE GENUINENESS, AUTHENTICITY OR VERACITY OF SUCH INFORMATION.
8.2 FURTHER, YOU AGREE THAT SOME OF THE CONTENT POSTED ON OUR PLATFORM WITH AN INTENT TO CREATE GENERAL AWARENESS ABOUT VARIOUS FINANCIAL AND ANCILLARY SERVICES BUT DOES NOT CONSTITUTE ANY ADVICE, AND THE SAME SHALL NOT BE CONSTRUED AS ANY SOLICITATION, ENDORSEMENT, ADVERTISING, MARKETING OR PROMOTION OF SUCH SERVICES BY US. THIS CONTENT AND/OR INFORMATION ARE DERIVED FROM PUBLICLY AVAILABLE SOURCES AND WE MAY NOT VERIFY OR CONFIRM THE GENUINENESS, AUTHENTICITY OR VERACITY OF SUCH INFORMATION.
9. INDEMNITY
9.1 You undertake to indemnify and hold Us (and Our
officers, directors, agents and employees) harmless
from any and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature,
including reasonable attorneys' fees, or arising
out of or related to Your breach of these Terms, Your
violation of any law or the rights of a third party,
or Your use of the Platform.
9.2 We (including Our officers, directors, employees, representatives, affiliates) shall not be responsible or liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform or receive Service from any channel), or (ii) any use of the Platform or content, or (iii) the performance or non-performance by the partners/banks/ third-parties; (b) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Platform or Your downloading of any content from the Platform; (c) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Services; or (d) Your failure to keep Your password or account details secure and confidential.
9.3 This provision shall survive any termination or cancellation of these Terms or Your use of the Platform/Services.
9.2 We (including Our officers, directors, employees, representatives, affiliates) shall not be responsible or liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform or receive Service from any channel), or (ii) any use of the Platform or content, or (iii) the performance or non-performance by the partners/banks/ third-parties; (b) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Platform or Your downloading of any content from the Platform; (c) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Services; or (d) Your failure to keep Your password or account details secure and confidential.
9.3 This provision shall survive any termination or cancellation of these Terms or Your use of the Platform/Services.
10. LIMITATION OF LIABILITY
10.1 Except as required by applicable law, We, Our
affiliates, officers, directors, employees and agents
shall not be responsible for any loss of profits,
revenues, business opportunities, goodwill, or
anticipated savings; loss or corruption of data;
indirect or consequential loss; punitive damages
caused by errors, mistakes, or inaccuracies on the
Service; personal injury or property damage resulting
from Your use of the Service; any unauthorized use of
the Service; any interruption or cessation of the
service.
10.2 To the extent permitted by applicable law, We and our affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of loss suffered by You from the use of the Service in the 12 (Twelve) months before the date of Your notice, in writing to, of the claim and (b) INR 10,000/- (Indian Rupees Ten Thousand Only) whichever is higher.
10.2 To the extent permitted by applicable law, We and our affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of loss suffered by You from the use of the Service in the 12 (Twelve) months before the date of Your notice, in writing to, of the claim and (b) INR 10,000/- (Indian Rupees Ten Thousand Only) whichever is higher.
11. GOVERNING LAW AND DISPUTE RESOLUTION
Any issues and disputes arising out of the Services
and/or Platform, these Terms, and other policies,
shall be governed by and construed in accordance with
the laws of India. You agree that any legal action or
proceedings arising out of the above may be brought
exclusively in the competent courts having
jurisdiction in Chennai (Tamil Nadu), India, and the
parties irrevocably submit themselves to the
jurisdiction of such courts.
12. WAIVER
12.1 Neither the failure to exercise nor any delay in
exercising any right, power, privilege, or remedy
under the Terms shall in any way impair or affect the
exercise thereof or operate as a waiver thereof in
whole or in part.
12.2 No single or partial exercise of any right, power, or privilege under the Terms shall prevent any further or other exercises thereof or the exercise of any other right, power, privilege, or remedy.
12.2 No single or partial exercise of any right, power, or privilege under the Terms shall prevent any further or other exercises thereof or the exercise of any other right, power, privilege, or remedy.
13. FORCE MAJEURE
If performance of Services/ Platform by Us is
prevented, restricted, delayed or interfered with by
reason of labour disputes, strikes, acts of God,
floods, lightning, severe weather, pandemic, epidemic,
lock-down, shortages of materials, rationing,
inducement of any virus, malware, Trojan or other
disruptive mechanisms, any event of hacking, utility
or communication failures, earthquakes, war,
revolution, acts of terrorism, civil commotion, acts
of public enemies, blockade, embargo or any law,
order, proclamation, regulation, ordinance, demand or
requirement having legal effect of any government or
any judicial authority or representative of any such
government, or any other act whatsoever, whether
similar or dissimilar to those referred to in this
clause, which are beyond either party’s
reasonable control then such party shall be excused
and discharged from such performance to the extent of
and during the period of such force majeure event, and
such non-performance shall, in no manner whosoever,
amount to a breach by such party of its obligations
herein or incur any legal liability on such party.
14. ASSIGNMENT
You may not assign or otherwise transfer Your rights
or obligations under these Terms. Further, We reserve
the right to assign Our rights and duties under these
Terms without any such assignment being considered a
change to the Terms and without any notice to You.
15. AMENDMENT
We reserve the right to make changes to the Platform,
related policies and agreements, these Terms and the
Privacy Policy at any time. Upon any amendments, We
shall notify the updated Terms on the Platform or
other means. Your continued use of the Services and
ancillary services constitutes acceptance of the
changes and an agreement to be bound by Terms, as
amended. If You do not agree to the changes, You shall
immediately discontinue Your use of the Platform and
Services.
Last Updated: May 27, 2023
Last Updated: May 27, 2023