Last
updated
March 18,
2021
These Terms of
Use constitute a legally binding agreement made between you, whether personally or on behalf of an
entity (“you”) and Finvine
("Company
", “we”, “us”, or
“our”), concerning your access to and use of the https://finvine.in website as well as any other media form,
media channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree
to be bound by all of these Terms of Use
. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will alert you about any
changes by updating the “Last updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information
provided on the Site is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is
intended for users who are at least 13 years of age. All users who are minors in
the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to
use the Site. If you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the
Site.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are
provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that
you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the
Marks.
By using the
Site, you represent and warrant that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
with these Terms of Use;
(4) you are not under the age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
,
or if a minor, you have
received parental permission to use the Site
;
(6) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Site for any illegal or
unauthorized
purpose; and (8) your use of the Site
will not violate any applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site (or any portion
thereof).
You
may be
required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
You may be required to purchase or pay a fee
to access some of our services. You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and contact you as needed. We
bill you through an online billing account for purchases made via the Site. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in rupee.
You agree to pay all charges
or fees at the prices then in effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your purchase.
If
your purchase is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or
mistakes in
pricing, even if we have already requested or received payment. We also reserve
the right to refuse any order placed through the Site.
All purchases are non-refundable.
You can cancel your subscription at any time
by contacting us using the contact
information provided below
. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our
services, please email us at [email protected]
or call us at
(+91)7506275077
.
We may include
software for use in connection with our services. If such software is
accompanied by an end user license agreement (“EULA”), the terms of the EULA
will govern your use of the software. If such software is not accompanied by a
EULA, then we grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection with our
services and in accordance with these Terms of Use. Any Software and any
related documentation is provided “as is” without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of any Software. You
may not reproduce or redistribute any software except in accordance with the
EULA or these Terms of Use.
You may not
access or use the Site for any purpose other than that for which we make the Site available. The Site
may not be used in connection with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you
agree not to:
1
.
Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or directory without
written permission from us.
2
.
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
3
.
Use a buying agent or purchasing agent to make purchases on the Site.
4
.
Use the Site to advertise or offer to sell goods and services.
5
.
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content contained therein.
6
.
Engage in unauthorized framing of or linking to the Site.
7
.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
8
.
Make improper use of our support services or submit false reports of abuse or
misconduct.
9
.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and extraction
tools.
10
.
Attempt to impersonate another user or person or use the username of another
user.
11
.
Interfere with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
12
.
Use any information obtained from the Site in order to harass, abuse, or harm
another person.
13
.
Sell or otherwise transfer your profile.
14
.
Use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15
.
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
16
.
Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
17
.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Site to you.
18
.
Delete the copyright or other proprietary rights notice from any Content.
19
.
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
20
.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of
the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
21
.
Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
“pcms”).
22
.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23
.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24
.
Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED
CONTRIBUTIONS
The Site does not
offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated in accordance
with the Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
2. You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
3.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and these Terms of
Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not violate the
privacy or publicity rights of any third party.
11. Your Contributions do not
contain any material that solicits personal information from anyone under the age of
18 or exploits people under the age of 18 in a sexual or violent manner.
12.
Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
13. Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the
Site in violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.
You
and the Site agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Site. You are solely responsible
for your Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We
may provide you areas on the Site to leave reviews or ratings. When posting
a review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or
hate language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We
may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone
considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and
do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By
posting a
review, you hereby
grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate,
transmit by
any means, display, perform, and/or distribute all content relating to
reviews.
MOBILE
APPLICATION LICENSE
If
you access the
Site via a mobile application, then we grant you a revocable,
non-exclusive,
non-transferable, limited right to install and use the mobile
application on
wireless electronic devices owned or controlled by you, and to access
and use
the mobile application on such devices strictly in accordance with the
terms
and conditions of this mobile application license contained in these
Terms of Use.
You shall not: (1) decompile, reverse engineer, disassemble, attempt to
derive
the source code of, or decrypt the application; (2) make any
modification,
adaptation, improvement, enhancement, translation, or derivative work
from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove,
alter, or
obscure any proprietary notice (including any notice of copyright or
trademark)
posted by us or the licensors of the application; (5) use the
application for
any revenue generating endeavor, commercial enterprise, or other purpose
for
which it is not designed or intended; (6) make the application available
over a
network or other environment permitting access or use by multiple
devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with
or in
any way a substitute for the application; (8) use the application to
send
automated queries to any website or to send any unsolicited commercial
e-mail;
or (9) use any proprietary information or any of our interfaces or our
other
intellectual property in the design, development, manufacture,
licensing, or
distribution of any applications, accessories, or devices for use with
the
application.
Apple and Android
Devices
The
following
terms apply when you use a mobile application obtained from either the
Apple
Store or Google Play (each an “App Distributor”) to access the Site: (1)
the
license granted to you for our mobile application is limited to a
non-transferable license to use the application on a device that
utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance
with
the usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are responsible for providing any maintenance and support
services with
respect to the mobile application as specified in the terms and
conditions of
this mobile application license contained in these Terms of Use or as
otherwise
required under applicable law, and you acknowledge that each App
Distributor
has no obligation whatsoever to furnish any maintenance and support
services
with respect to the mobile application; (3) in the event of any failure
of the
mobile application to conform to any applicable warranty, you may notify
the
applicable App Distributor, and the App Distributor, in accordance with
its
terms and policies, may refund the purchase price, if any, paid for the
mobile
application, and to the maximum extent permitted by applicable law, the
App
Distributor will have no other warranty obligation whatsoever with
respect to
the mobile application; (4) you represent and warrant that (i) you are
not
located in a country that is subject to a U.S. government embargo, or
that has
been designated by the U.S. government as a “terrorist supporting”
country and
(ii) you are not listed on any U.S. government list of prohibited or
restricted
parties; (5) you must comply with applicable third-party terms of
agreement
when using the mobile application, e.g., if you have a VoIP application,
then
you must not be in violation of their wireless data service agreement
when
using the mobile application; and (6) you acknowledge and agree that the
App
Distributors are third-party beneficiaries of the terms and conditions
in this
mobile application license contained in these Terms of Use, and that
each App
Distributor will have the right (and will be deemed to have accepted the
right)
to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We
care about data privacy and security. Please review our Privacy Policy:
https://finvine.in/privacy-policy.html
. By using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site is hosted in
India
. If you access the Site from any other region
of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
India
, then through your continued use of the Site,
you
are transferring your data to
India
, and you agree to have your data transferred to and processed in
India
.
COPYRIGHT INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or through the Site
infringes upon any copyright you own or control, please immediately notify us using the contact information
provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored
the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you should consider first contacting an
attorney.
These Terms of Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right
to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Site. We also reserve the
right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will
be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These
Terms shall be governed by and defined following the laws of
India
. Finvine and yourself irrevocably
consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these
terms.
To expedite resolution and control
the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute"
and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least fifteen (15) days
before initiating arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Any
dispute arising out of or in connection with this contract, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of
this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be __________. The seat, or legal place, of arbitration shall be
mumbai,
India
. The language to be used in the arbitral proceedings shall be __________. The
governing law of the contract shall be the substantive law of
India
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may
be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior
notice.
DISCLAIMER
THE SITE
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR
OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree
to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will
maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as
well as data relating to your use of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a
complaint regarding the Site or to receive further information regarding use of the Site, please contact us
at:
Finvine
Swapna Siddhi Building Akurli Cross Rd Number 2, Kandivali, Govind Dalvi
Nagar, Kandivali East, Mumbai, Maharashtra 400101
__________
400101
India
Phone: (+91)7506275077