Terms Of Use

TERMS OF USE

The Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to access and/or use our website/ platform and services.

“Finassure Global” or “we” or “our” = Finassure Global Solutions Private Limited and its associated service providers.

“You” or “Your” = Subscribers/ Customers/ Visitors of Platforms (including their representatives/ delegate).

“Digital Platform(s)” or “Our Platform” = Our website, product and services offered on our website, and other digital platforms such as Payment Gateways, Digital Application Platforms, Unified Payments Interface (UPI) application from through Bank's or any merchant's or Third-Party Application Provider’s channel or application.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usages of Website.

We reserve the right to periodically revise/up-date/modify the Terms of Use without prior notice. It is in your own interest that you review this document periodically for any updates and ensure your familiarity with the most current version. Unless otherwise provided in such revision, the revised User Agreement, or its part thereof, will take effect as and when it is posted, that is to say, the “Last Revised Date.

Please read these Terms of Use, carefully. By accessing and using the Website and/ or availing our services, you agree to be bound by these Terms of Use explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to these Terms of Use.

By registering or visiting our platform, you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with us with respect to your use of the Website and other services.

For an explanation of our practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy. You acknowledge and agree that a printed version of this Agreement and/or any electronic communication with us shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1. OVERVIEW OF OUR SERVICES

We provide a host of online and offline product and services, including but not limited to

Online Services

• Do-It-Yourself platform to upload and manage personal and financial information and document

• Search and retrieval of uploaded data and documents

• Reminders and notification to support financial management

• Limited access to your authorized representatives / delegate

• Limited search to find out unclaimed legacy / investment (basis available data)

• Do-It-Yourself analytical tool to facilitate financial management

• Draft simple and standard ‘Will’

• Advertisement/ sale various products and services

• Provide articles/ blogs / webinar

Offline Advisory Services

• Facilitate update of financial records due to change in job, phone, account, etc

• Advice to family members in getting legitimate legacy

• Advice family in closure/ transmission of accounts to avoid any misuse/ unnecessary charges

2. FEES AND CHARGES:

The Client who subscribes for any of the product and services offered on our platform agrees that subscription charges (including taxes etc.) paid are non-refundable including in case of deactivation, unsubscribing the services or in any other circumstances. You will not be billed for the free trial period, if applicable to you.

You will not be eligible for any refund in case of any network problem, breakdown of machinery, unclear network, disruption in the network and/ or payment gateway errors. Any dispute in connection to the above shall be settled between the you and the telecom/mobile operator/ the concerned bank/ credit card/ payment gateway directly, without involving us.

However, you should inform to our customer service team about the defective content/ technology issue etc. so that we can take effective measures to ensure that the defect doesn’t continue after the end of free trial period.

3. MODIFICATIONS TO THE TERMS OF USE

We reserve the right, at our discretion, to change, modify, add or remove portions of this Terms of Use at any time. Please check this Terms of Use and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these terms, such amended terms shall automatically be effective after they are initially posted on the Website. Please note that additional and/or different conditions and terms of use may apply to our media, or services provided through one or more of our partners or business associates or referral partners and you should refer to those before using such services.

4. INFORMATION AND CONTENT OF THE WEBSITE

The Website may change or contain media, features or services available within the website may be discontinued at any time, and without notice. The media or services on the Website may be out of date, and we make no commitment to update these materials on the website.

The content on Our Platform is not intended to be construed as advice unless especially marked as Advice. The information and views provided on Our Platform are based on information available and believed to be correct to the best of knowledge, although due care has been exercised to verify the accuracy of the information but you must not completely rely on the contents of our platform for any purposes including investment and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on Our Platform at any time.

We make no representations and provide no warranties whatsoever, whether expressed or implied, that any of the content or materials available on Our Platform from time to time are accurate, up to date or complete.

5. ELIGIBILITY TO USE THE WEBSITE

By using the Website, you represent and warrant that

1. all information you submit is truthful, current, complete and accurate; Investment, Insurance and other assets details as disclosed by you, absolutely belongs to you
2. all information to be kept up to date during the currency of this contract
3. your use of the Website does not violate any applicable law or regulation; and
4. you are at least 18 years of age or have received parental consent and supervision when using the website may, at its sole and absolute discretion and at any time, terminate your privilege to use this Website for any other reason
5. you understand and agree that by providing its services under this Agreement, we shall not become your Executor or the Trustee. The services agreed to be rendered by us is to be advisory in nature as per scope of services set out herein and we are not liable to undertake any steps for collecting and/or transferring and/or preserving the assets

6. EXCLUSIONS AND LIMITATIONS OF LIABILITY

We exclude all our liability to you where it would be lawful to do so, except for the cases wherein liability is enforced regulatorily or by any law as applicable to us. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

Subject to the aforesaid, in No event shall we (including our parents, subsidiaries, affiliates, associates, officers, directors, shareholders, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to:

• Advice given through Our Platform;
• Services rendered through Our Platform;
• Your use of Our Platform;
• Any corruption or loss of data;
• Any inability to access or use Our Platform, including, without limitation, any interruptions, suspension or withdrawal of Our Platform (for any reason whatsoever);
• Any use you make of any content or materials on Our Platform, including any reliance you make on such content or material;
• Any loss of savings, profits, sales, business or revenue;
• Any loss of reputation or goodwill;
• Any loss of a chance or opportunity; or
• Any other secondary, consequential, Notional or indirect losses.

And even if we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.

We shall not be liable for any damage arising out of services rendered through our platform that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

• You confirm that you have the requisite knowledge, expertise and experience to understand the risks involved in transacting any product or service offered through Our Platform.
• You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
• You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Platform, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Platform, property, product, service, or other content owned or controlled by us.
• To the extent that any of the provisions under any of the act are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law

7. INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an account or activity on Our Platform) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on Our Platform or those conducted on your behalf):

• your uploads of any data/ document, access to or use of Our Platform;
• your breach or alleged breach of these Terms of Use or any document referred herein;
• your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
• your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
• any misrepresentation made by you

You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

8. PRODUCT DISCLAIMERS:

You understand and agree on various legal and regulatory disclaimers applicable to product offered through our website, including but not limited to:

1. EQUITY: Investments in securities market are subject to market risks, read all the related documents carefully before investing. Please read the SEBI prescribed Combined Risk Disclosure Document prior to investing.
2. DERIVATIVES: Derivatives are a sophisticated investment device. The investor is requested to take into consideration all the risk factors before actually trading in derivative contracts.
3. MUTUAL FUNDS: Mutual Fund Investments are subject to market risks, please read the offer document carefully prior to investing.
4. INSURANCE: Insurance is the subject matter of solication. The information provided in this website cannot substitute for the advice of a licensed professional. The information and data provided on this website is of a general nature and strictly for informational purposes.
5. OTHERS: Please go through the relevant disclaimers issued by various regulatory authorities as applicable to any investment product or services before applying. All investments are subject to many risks and please read the terms and conditions before applying. We can not be held liable for your investment decisions.

9. PLATFORM AND SERVICE DISCLAIMERS

Our Platform is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

• The service;
• The Platform content;
• User content;
• The operations of the Platform; or
• Security associated with the transmission of information to the Platform.

In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

We do not represent or warrant that the services will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful.

You acknowledge that your use of Our Platform is at your sole risk. We do not warrant that your use of Our Platform is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.

By accessing or using Our Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.

10. GOVERNING LAW AND JURISDICTION

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the Indian Law.

The courts/Tribunals/Authorities in India situated in New Delhi shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

11. VIRUSES AND OTHER HARMFUL CONTENT

We do not guarantee that Our Platform is free from all the errors, and it is technologically secure to restrict all viruses or other malicious software/contents. However, to the best of our ability, we will dedicate our resources to keep Our Platform secure.

We shall not be responsible for any bugs or viruses on Our Platform, or any software that might be transferred to your computer from Our Platform, or any consequences which the presence or operation of such programs may have.

You must ensure that you have in place up-to-date and effective anti-virus protection and firewall on your computer or other browsing device.

You must not upload or otherwise introduce to Our Platform any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious in nature.

You must not use any third parties' system, software or technology to attempt to gain unauthorised access to Our Platform, our servers, systems, hardware, software or data.

You must not attempt to perform any denial-of-service type attack on Our Platform.

You must not perform any action which would contravene Information Technology Act, 2000.

We may report any breach or suspected breach to the relevant authorities (including any law-enforcement agencies) and may disclose your identity and act.

12. YOU AGREE AND UNDERSTAND THAT:

We may appoint third party/vendors/service providers to carry out its obligations under these Terms of Use.

We may engage with group companies/third parties to promote Our Platform or products and services jointly or severally.

We may be engaged in investment in the products and services offered by Our Platform.

We may subcontract or employ agents to carry out any functions or services relating to Our Platform or any of its obligations under the Terms of Use.

Our Platform is primarily intended for the use by persons resident in India. Any use/access of Our Platform by any person, who is not resident of India, shall be at his/her sole responsibility including determining whether such use/access of Our Platform constitutes any breach under any applicable laws of India and his/ her country of residence. Such User will be solely and absolutely liable for any liability incurred and keep us indemnified against any such liability.

We may collect your Personal Information (as defined under Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) and we may use such information for providing appropriate services / products to the you.

We may share your information (personal, transactional and behavioural) with our Group Companies / associates/ vendors / Service Providers/ business partners for promoting/ offering its and/or their products and services or for analytics purposes.

We may record conversations with you for any purpose but not limited to quality control, record retention. We will keep such records confidential.

We provide various "Tools" or Analysis on Our Platform. Any output of such tools/analysis only for informational purposes and should not be construed as advice. The Output is based on analysis of information obtained from various sources, which we believe to be true and correct. Such Output does not guarantee any specific performance/returns. You should take your own decision to execute any transaction based on your risk profile, investment objective, financial status, etc. We assume no responsibility for the accuracy or otherwise of the Output.

We operate and offer the services at Our Platform strictly on a no-liability basis, with respect to any third-party product offered on our platform. We shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure, Internet frauds or malfunction, or interruption/delay of business or due to any technology related risks) under any contract, negligence, strict liability or other Law or theory arising out of or in connection with the use or availing of such third party products or services or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence).

Our Platform may provide referrals to third party content or links of third-party websites/apps, including companies that have a relationship with us. Our decision to provide referral information to a third party or to pass on an offer made by a third party or to provide a link from Our Platform to a third-party website or app shall be for promotional, informational or educational purposes or as a convenience to you. By clicking those Links, provided on Our Platform, you may be taken to other websites or apps without any prior intimation or indication of doing or having done so. The same shall not be construed as an endorsement of the third-party products, services, content, tools and information. These third-party links may not necessarily be screened or reviewed by us and hence, we do not, in any way, sponsor, certify or warrant the performance, operation, content or availability of such third-party links. You will use third-party content at your own risk. We are not responsible for any third party, their products or services, their website or app, or any content that is made available through such third-party sites, nor do we make any warranties or representations, express or implied, regarding third party content on any third-party sites, and shall have no liability in relation to any of the foregoing. You shall agree to all the Terms of Use, disclaimers clauses and be liable to copyright owners of the hyperlinks appearing in Our Platform which is independent in itself and not connected. You shall further indemnify and keep indemnified us, our subsidiaries, group and associate companies and employees, directors, representatives and keep them harmless from any dispute(s) that may arise due to a violation/breach(s) of the Terms of Use of such hyperlink(s) by you. You will be solely responsible for maintaining the confidentiality of the account that you create on Our Platform.

The information and views provided on Our Platform are based on information available and believed to be correct to the best of knowledge. Although due care has been exercised to verify the accuracy of the information, we assume no responsibility for the accuracy or for any loss arising out of any information contained therein.

By downloading/accessing Our Platform, providing the relevant details, and accepting these Terms of Use, implies that you have provided expressed consent to be contacted by the us or by our associates/ vendors / business partners (even though you may be in "National Do Not Call Registry") at the contact number, or electronic address provided by you while registering on Our Platform or applying for any Product / Service through the App/Website. You further agree to being contacted in any manner, including without limitation, SMS (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via Our Platform. We may use registered customer's email addresses and other personally identifiable information to send product updates and marketing communications. To opt-out from such messages, click on the Unsubscribe link on any such email you receive from us. We may continue to use your email address to notify you of any critical administrative or operational updates.

You shall not -

• Restrict or inhibit any other person from accessing, using and enjoying Our Platform;
• Use Our Platform for any purpose that is unlawful in any jurisdiction or not permitted by the Terms of Use;
• Modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through Our Platform, except as permitted by the copyright owner or other right holder thereof;
• Post, transmit and receive any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute sedition, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other Law;
• Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by us) or engage in spamming or flooding;
• Post or transmit any spam mails, information or software which contains a virus, Trojan Horse, worm or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through Our Platform for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through Our Platform which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
• Attempt to decompile or reverse engineer any of the software available on Our Platform. You will not make any attempt to hack into our platform or otherwise attempt to subvert any firewall or other security measure of Our Platform and if you become aware of any shortcoming in the security on our platform you shall forthwith inform us of the same in writing.

If Our Platform contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the Forum and is not getting shared outside the forum.

You shall not host, display, upload, modify, publish, transmit, update or share any information on Our Platform, that:

• belongs to another person and to which you do not have any right to;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any Law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. Any content or comment uploaded by you, shall be subject to relevant Indian Laws and may be disabled, or and may be subject to investigation under appropriate Laws. Furthermore, if you are found to be in non-compliance with the Laws and regulations, these terms, or the Privacy Policy, we shall have the right to immediately terminate/block your access and usage of Our Platform and we shall have the right to immediately remove any non-compliant content and/or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available under the applicable Laws.

That you irrevocably and unconditionally authorise us to access all information relating to you, available on the Platform, including personal and financial Information, information relating to access and use of Our Platform by you, transactions entered by you, your behaviour etc subject to the Privacy Policy, all information submitted on or via the Website/App shall be deemed to be and remain Our property; and we shall be free to use the same in any manner (including, but not limited to, usage of the data for prefill of the required information) amongst each other in order to provide service/products to you.

We may, at its sole discretion, without notice, suspend or terminate User ID, password or account or deny your access to all or part of Our Platform, if you engage in any conduct or activities that we believe in our sole discretion, violates any of the Terms of Use, our rights or is otherwise inappropriate for continued access to Our Platform, and/or if it learns of User's death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness and/or directions from regulatory/government bodies/Law enforcement agencies/courts etc or for any other reason which it thinks fit and proper.

If any dispute arises between the you and us, in connection with validity, interpretation, implementation or alleged material breach of the Terms of Use or any document referred herein, the Parties shall endeavour to settle such dispute amicably. In case of failure of the Parties to settle such disputes within 15 days, either Party shall be entitled to refer the dispute to arbitration. The arbitration shall be conducted by a sole arbitrator mutually appointed. In case of disagreement (regarding the appointment of a sole arbitrator), the arbitration shall be conducted by three (3) arbitrators of which each Party shall appoint one (1) arbitrator and the third arbitrator shall be appointed by the two appointed arbitrators. The arbitration proceedings shall be conducted in New Delhi, India and the same shall be governed by the provisions of the Indian Arbitration & Conciliation Act, 1996, or any statutory modification as may be then in force. The language of arbitration shall be English.

Our failure or delay to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver on our part shall be valid unless it is in writing signed by it or on its behalf. A waiver of any right or provision by us on a particular occasion shall not prevent us from enforcing such right or provision on a subsequent occasion.

If any provision of the Terms of Use shall held to be invalid or unenforceable by reason of any Law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and You, we, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby, and these Terms of Use shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

The Terms of Use, Privacy Policy and Terms and Conditions and use of or access to Our Platform are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and us except where otherwise specifically agreed or appointed.

The content presented at the Website may vary depending upon your browser version/ limitations.

We shall ensure functioning of Our Platform on a best effort basis. However, we have the right to monitor the functioning of Our Platform electronically or otherwise from time to time.

We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use.

13. GRIEVANCE REDRESSAL

Any complaints or concerns with regards to the content on Our Platform and/or comment and/or breach of these terms and/or to report any abuse of law, shall be immediately informed, with all the relevant details, to the designated Grievance Officer as mentioned below via in writing or through email to:

info@finassureglobal.com
www.finassureglobal.com

We request you to please provide the following information in your complaint:

• Identification of the information provided by you.
• Clear statement as to whether the information is Personal Information or Sensitive Personal Information.
• Your address, telephone number or e-mail address.