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Terms of Service


These terms of Service (“ Terms of Service”) sets forth the terms and conditions that apply to the access and use of the website “https://www.finfinity.co.in” (hereinafter referred to as “Website”), which is managed and operated by Synergenius Growth Private Limited, (hereinafter collectively be referred to as “Company, “We”, “Our”, or “Us”), incorporated under the laws of India and registered under the Companies Act, 2013.


By accessing the Website or registering your information on the Website, the users (hereinafter referred to as "you"; “User” or "your") agree to be bound by this Terms of Service. These Terms of Service along with Privacy Policy describes our relationship with you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific service that is provided by this Website and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.


Be sure to return to this page periodically to review the most current version of the Terms of Service. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Service without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified by these Terms of Service.


Access to and use of password protected and/or secure areas of the Website and/or use of the Services is restricted to User(s) with accounts only. You shall not obtain or attempt to obtain unauthorized access to such parts of this Website and/or Services, or to any other protected information, through any means not intentionally made available by Us for Your specific use. A breach of this provision may be an offence under the Applicable Laws including but not limited to the Information Technology Act, 2000.



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINDED HERE UNDER.



1. ELIGIBILITY:


In order to avail the Services provided on the Website, you must be legally competent, within the meaning of the Indian Contract Act, 1872, to enter into binding, legal contracts such as these Terms of Service.


2. DEFINTIONS AND INTERPREATATION:


Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule I will apply to these Terms of Service.


3. DESCRIPTION AND ACCEPTANCE OF SERVICES:


The Company hereby offers you with access to information primarily about certain financial products/services including, but not restricted, to loan facility, credit cards facility, current accounts, saving accounts, deposits etc (collectively referred as "Service/s"). In addition, Company may provide third party services including but not limited to credit check services and any other services to retrieve and use your information through third party sites (eg. bank sites etc.) in conjunction with your selection of the Services (“ancillary services”).


Your continued usage of the Services and ancillary services from time to time would also constitute acceptance of the Terms of Service including any updation or modification thereof and you would be bound by these Terms of Service.


You agree and authorize Company to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value-added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone, WhatsApp and/or SMS, from the Company or its third-party vendors/business partners/ marketing affiliates regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided by you, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Company to share/disclose the information to any third party service provider or any affiliate, its group companies, authorized agents.


Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.



4. LICENSE AND WEBSITE ACCESS:


You acknowledge and agree that Company owns all legal right, title and interest in and to the Services, including any Intellectual Property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company`s prior written consent. The contents of the Website, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are the owned/licensed by/to Company and/or its third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.


Company grants you a limited license to access and make use of the Website, the Services and ancillary services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party or to create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Any unauthorized use by you shall terminate the permission or license granted to you.



5. GENERAL USE OF SERVICES; USER RESTRICTIONS:


You agree to comply with any and all the guidelines, notices, operating rules, policies and instructions pertaining to the use of the Services and/or access to the Website, as well as any amendments to the aforementioned, issued by Us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.


Further, You agree and undertake NOT to:


  1. Impersonate any person or entity or to falsely state or otherwise misrepresent Your affiliation with any person or entity;

  2. Use the Website or Services for illegal or immoral purposes;

  3. Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or Services;

  4. Post, promote or transmit through the Website or Services any Prohibited Materials;

  5. Interfere with another User’s utilization and enjoyment of the Website or Services;

  6. Use or upload, in any way, any software or material that contains, or which You have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another User’s Website or Services; and

  7. Use the Website or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other Applicable Laws.


We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents You from accessing the Website or any part of the Services. We reserve the right, but shall not be obliged to:


  1. Monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in Our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;

  2. Prevent or restrict access of any User to the Website and/or the Services;

  3. Report any activity it suspects to be in violation of any Applicable Law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

  4. To request any information and data from You in connection with Your use of the Services and/or access of the Website at any time and to exercise Our right under this paragraph if You refuse to divulge such information and/or data or if You provide or if We have reasonable grounds to suspect that You have provided inaccurate, misleading or fraudulent information and/or data.


Purchases of any Services would be subject to these Terms of Service. In addition to these Terms of Service, the use of specific aspects of the Services, or updated versions of the Services offered by Us or Our designated sub-contractors, may be subject to additional terms and conditions, which shall be notified to You from time to time, and such additional terms and conditions will apply in full force and effect. You hereby acknowledge and agree to be bound to the additional terms and conditions as notified by Us from time to time.



6. PRIVACY POLICY:


By using the Website, you hereby consent to the use of your information as we have outlined in our Privacy Policy. The Privacy Policy explains how Company treats your personal information when you access the Website and use other ancillary Services.



7. FEEDBACK:


If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.



8. THIRD PARTY CONTENT:


Some of the information or other materials available on or through the Services may have been prepared by third parties not affiliated with Us, including other Users. We make no warranties with regard to such information or other materials, nor do We assume any responsibility or liability for any decisions based upon such information. The Services may include links to websites and services provided by third party(ies) (“Third-Party Links”). Your interaction with these Third-Party Links will be subject to the terms (including privacy policies) established by such Third-Party Links. The Company is not responsible for, and does not endorse or warrant in any way, any materials, information, goods or services available through or advertised on such Third-Party Links, or the privacy or other practices of the Third-Party Links. The inclusion of any Third-Party Links does not imply endorsement by the Company of those sites or any association with its operators.


THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO YOUR PERSONAL OR OTHER INFORMATION THAT MAY BE COLLECTED, PROCESSED, SHARED OR RETAINED BY ANY THIRD PARTY.



9. YOUR REGISTRATION/ACCOUNT:


In consideration of your use of the Website and registering with Us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the Terms of Service and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto).


We collect personally identifiable information of your authorized users (“Personal Data”) - name, email address, mobile number and other contact details. You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID (as may be applicable in accordance with the Service selected), allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your (“Registration Information”). You agree that you are responsible for maintaining the confidentiality of your Login ID and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account or password. Because of this, we strongly recommend that you exit/ logout from your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. You further agree that Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Company.


You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services and ancillary services by or through Company. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services. Additional terms and conditions will apply to your purchase of services that you select.



10.  SUBMITTED CONTENT:


By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Company shall not be responsible for any content you make available on or through the Website. At Company`s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.



11. DISCLAIMER OF WARRANTY:


You expressly understand and agree that your use of the Services, ancillary services and all information, products, other services and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services and ancillary services are provided on an "as is" and "as available" basis. Company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.


The Company expressly disclaim all warranties of any kind as to the Services, ancillary services and all information, products, services and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.


Company and its service providers, affiliates, business partners make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.


Prices, products and Services are offered by the Company’s business partners, and may change in accordance with the brand guidelines or other terms and conditions applicable to each of the business partners of the Company. In some cases Services and prices are offered by the Company itself and it reserves the right to modify the use and prices of such Services. You further undertake that by initiating a transaction, you are entering into a legally binding and enforceable contract with these business partners of the Company, to purchase the products or avail the services using such payment facilities as may be permitted by Applicable Laws and as may be accepted by the Company.


The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees that the Company may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Company shall be in Indian Rupees. Your continued use of the Company shall be deemed as an acceptance of the amended terms of the Terms of Service.


The Company may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between you, the Company and its business partners, as the case may be. The Company shall initiate the remittance of the payments made by you and the date of completion of transaction shall be after the products are delivered to the you or after the Services are rendered to you and such other additional time as may be agreed between Website and its business partners, as the case may be.


While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or

  2. Any payment issues arising out of the transaction, or

  3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;

  4. Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of you/your transaction.


Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.


You hereby agree to provide accurate information, such as credit/debit information for purchasing any Service or product on or through the Website. You further warrant that you shall not use payment information or instrument that is not lawfully owned by you. In addition to these Terms of Service, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.


The Company may in its sole discretion impose limits on the number of transactions which an individual holding a financial instrument may use for payment for products or services. Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by you that have incurred questionable charges and amounts.


The Company is merely a facilitator for providing you with payment channels through automated online electronic payments (either itself or through its payment gateway service providers), cash on delivery, collection and remittance facility for the payment of products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).


The Company shall not be held responsible and shall bear no liability in case of failure or delay of delivering the products or services including any damage or loss caused to you due to such delay. No deliveries of the products/services shall be made outside the territorial boundaries of India.



12. LIMITATION OF LIABILITY:


You expressly understand and agree that the Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible Losses, even if Company has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.


Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s)/ Services on this Website, if applicable.


The Company has no control over the third-party websites which would be provided to you through its Website. You acknowledge and agree that under no circumstance shall the Company be liable for your using the services offered or provided by any third-party service provider.



13. INTELLECUTAL PROPERTY RIGHTS:


All information including but not limited to the Company’s content, trade names, logo, images and Services are proprietary information (“Intellectual Property”) of Synergenius Growth Private Limited and its affiliates, agents, directors and employees, and no such Intellectual Property may be reproduced, copied, re-published, posted, distributed or transmitted in any way without the prior consent of the Company.


We respect the Intellectual Property rights of others, and You agree to protect Our Intellectual Property rights and the intellectual property rights of all others having rights in the Website during and after the term of these Terms of Services. We restrict Users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of third-party(ies). No part or parts of the Website may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without Our prior written permission. Permission will only be granted to You to use the Services for personal and non-commercial uses (unless otherwise agreed by Us in writing), provided that You do not modify the content of the Services and that We retain all proprietary rights contained in the Services. You shall not download or infringe upon the Our proprietary information in any manner, unless explicitly permitted by Us in writing.


Trademarks: The Trademarks are registered and unregistered trademarks of Us or third parties. Nothing on the Website and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without Our written permission or any other applicable trademark owner.


You hereby agree and declare that you shall not at any time:


  • Take any action which shall or may impair Our or Our service provider’s right, title or interest to the said marks or create any right, title or interest therein or thereto which may be adverse to Us or the service providers respectively;

  • Use the said marks upon or in relation to any goods other than those displayed on the Website or for any other purpose;

  • Register deceptively similar marks in any additional class or country.


In the event that We receive notification of alleged intellectual property rights complaints that do not comply with the Applicable Laws, We shall endeavor to promptly remove or disable access to the illegal infringing material. We may also terminate the user accounts of the infringers.


If You are an owner of any intellectual property, or an agent thereof and You believe that any content on the Website infringes upon Your intellectual property rights, You may send a notice to Us via email at connect@finfinity.co.in


References on the Website to any names, marks, products or services of third-party(ies) or Third-Party Links or information are provided solely as a convenience to You and do not, in any way, constitute or imply the Our endorsement, sponsorship or recommendation of the third-party, the information, its product or services.



14. REPRESENTATIONS AND WARRANTIES:


You represent, warrant and indemnify that You have the necessary right, license, authorization or permission to avail the Services and to post, upload or publish any video, image, text, software, information or any content on the Website You hereby agree that by posting, uploading or publishing the same on Our Website You have authorized Us to use or reference the same without any restrictions.


15.  NOTICES:


Notices from Us: All notices or other communications given to You if:


  1. Communicated through any print or electronic media as We may select will be deemed to be notified to You on the date of publication or broadcast; or

  2. Sent by post or left at Your last known address will be deemed to be received by You on the day following such posting or on the day when it was so left.


Notices from You: You may only give notice to Us in writing sent to our designated address or e-mail address, and We shall be deemed to have received such notice only upon receipt. While We endeavour to respond promptly to notices from You, We cannot guarantee that We will always respond with consistent speed.



16. INDEMNITY:


You hereby agree that You shall, indemnify, defend, and hold harmless Company, including but not limited to its affiliates, agents, directors, and employees from and against any and all Losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach, including any unauthorized commercial use of the Services provided in Clause 3, or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Service. Further, You agree to hold Us harmless against any claims made by any third-party due to, or arising out of, or in connection with, Your use of the website, any claim that Your material caused damage to a third-party, Your violation of the terms of service, or Your violation of any rights of another, including any intellectual property rights.


In no event shall the Company, its officers, directors, employees, agents or suppliers be liable to You, or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website and its Services.


The limitations and exclusions in this Clause 16 apply to the maximum extent permitted by Applicable Law.



17. GRIEVANCES REDRESSAL:


You agree to use the Website and any related materials or Services at Your sole risk and that We will have no liability to You for the content that may be deemed offensive, indecent, or objectionable. All complaints, queries and suggestions should be sent by email at grievance.redressal@finfinity.co.in or write to Us at our registered address.



18. TERMINATION:


These Terms of Service are effective unless and until terminated by either You or Us. We may, in Our sole discretion, immediately terminate, limit or suspend Your account, delete Your registration, other information, and/or prohibit You from using or accessing the Website without any notice, if You have violated any of the provisions in these Terms of Service.


If You wish to terminate Your user account, You may do so by following the instructions on the Website. On termination, You lose the right to access or use the Website. However, any such termination of the user account shall not affect Your obligation to pay for Services already purchased from the Website or affect any liability that may have arisen under the user account prior to the date of termination.


19.  MISCELLANEOUS:


19.1.  Governing Law, Dispute Resolution and Jurisdiction: 

These Terms of Service is governed by the laws of India. Any claim related to any dispute arising as a result of the Website or under these Terms of Service will be made before a court of competent jurisdiction located in Mumbai, Maharashtra. Company agrees to resolve such dispute by binding to Arbitration and Conciliation Act, 1996. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Service or use of the Website must be filed within a period of 60 (sixty) days after such claim or cause of action arose or be forever barred.


19.2. Cumulative rights and remedies: 

Unless otherwise provided under these Terms of Service, the provisions of these Terms of Service and Our rights and remedies under these Terms of Service are cumulative and are without prejudice and in addition to any rights or remedies We may have in law or in equity, and no exercise by Us of any one right or remedy under these Terms of Service, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Service or at law or in equity) operate so as to hinder or prevent Our exercise of any other such right or remedy as at law or in equity.


19.3.  No Partnership: 

You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Company as a result of these Terms of Service or Your access to or use of the Website.


19.4.  Headings: Headings used in these Terms of Service are for reference purposes only and in no way define or limit the scope of the Clauses.


19.5.  Severability: 

If any provision of these Terms of Service is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.


19.6.  Force Majeure: 

Company shall be under no liability whatsoever in the event of non-availability of any portion of the Website or subscribed content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, pandemic, epidemic, lockdown, flood, fire, failure of any public utility, manmade disaster, infrastructure failure or any other cause whatsoever beyond the control of Company.


19.7.  Waiver: 

The failure of Company to act with respect to a breach of these Terms of Service by You or others does not constitute a waiver and will not limit Our rights with respect to such breach or any subsequent breaches.


19.8.  Survival: 

The obligations under the provisions of Clauses 4, 5, 8, 10, 11, 12, 13,15,16 and this clause 19 will survive any expiration or termination of these Terms of Service


19.9.  Confidentiality: 

You hereby agree to keep the explicit terms of your engagement, if any, with Company confidential at all times. You agree to treat the Services with the same degree of confidentiality as you would your own confidential information.


19.10.  Rights of third parties: 

A person or entity who is not a party to these Terms of Service shall have no right under the Indian Contracts Act, 1872 as amended from time to time, or any similar legislation in any jurisdiction to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 19.10 shall affect the rights of any permitted assignee or transferee of these Terms of Service


19.11.  Injunctive relief: 

We may seek immediate injunctive relief if We make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.


19.12.  Amendments: 

We may by notice through the Website or by such other method of notification as We may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Service, such variation to take effect on the date We specify through the above means. If You use the Website or the Services after such date, You are deemed to have accepted such variation. If You do not accept the variation, You must stop accessing or using the Website and the Services and terminate these Terms of Services in the way prescribed in Clause 18 (Termination). Our right to vary these Terms of Service in the manner aforesaid will be exercised without the consent of any person or entity who is / is not a party to these Terms of Service.


19.13.  Correction of errors: 

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Our part shall be subject to correction without any liability on Our part.


19.14.  Currency: 

Money references under these Terms of Service shall be in Indian Rupees.


19.15.  Language: 

In the event that these Terms of Service is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Service shall govern and shall take precedence over the Foreign Language Version.


19.16.  Binding and conclusive: 

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Us or Our service providers relating to or in connection with the Website and Services shall be binding and conclusive on You for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Us and You. You hereby agree that all such records are admissible in evidence and that You shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and You hereby waive any of Your rights, if any, to so object.


19.17.  Sub-contracting and delegation: 

We reserve the right to delegate or sub-contract the performance of any of Our functions in connection with the Website and/or Services and reserve the right to use any service providers, sub-contractors and/or agents on such terms as We deem appropriate.






SCHEDULE I


1. DEFINITIONS AND INTERPRETATION


1.1 Definitions


“Applicable Law” means any statute, law, bye-law, enactment, regulations, ordinance, policy, treaty, rule, notification, direction, directive, guideline, requirement license, order, decree, judgment, or any restriction or condition, or any similar form of decision of , or determination application or execution by, or interpretation or pronouncement having the force of law of any governmental authority having jurisdiction over the matter in question, whether in effect as of the date of these terms of service or thereafter, in any jurisdiction or political sub-division, and includes any practice or custom under any applicable law


“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.


“Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.


“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:


  1.  contains any computer virus or other invasive or damaging code, program or macro;

  2.  infringes any third-party Intellectual Property or any other proprietary rights;

  3.  is defamatory, libelous or threatening;

  4.  is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or

  5.  is or may be construed as offensive and/or otherwise objectionable, in Our sole opinion.


“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Website.



1.2   Interpretation


Any reference in these Terms of Service to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of month’s means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Us and the provision, which is more favorable to Us, shall prevail.

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