Finvestor.in - Terms and Conditions

 

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 usage of  www.Finvestor.in  website.



User Agreement

Your use of  Finvestor website {including  finvestor.in  (hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles for other Finvestor Network websites of our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 01th June, 2015 ("User Agreement"). If you reside in India, you are contracting with FourQuadrants Analytics LLP; a company incorporated under LLP Act, 2008 with registered office at 106, Sudarshan Palace, Madhusudhan Nagar, Unit - IV,  Bhubaneswar, Odisha – 751001, India and Operating Address, Next to LearnWell Technocraft, MediPoint Hospital, Aundh, Pune, India – 411007.


For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing mobile phone number and email id..

 

We use social media login to create unique user Ids and passwords. We do not store the social media password in our system. We use standard social media provided procedures to validate your social media credentials. By registered user, you are logging in with your social media user id. We do not allow Guest User usage of the website.

 

As a new Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Pay Now' button while transacting as Registered User or such other actions that implies your acceptance.

If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box " and/or on the "continue" button after sign-in button and do not seek to obtain access to or otherwise use the Website.

 

Amendments : When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these User Agreement, at any time without any prior written notice to You. It is Your responsibility to review these User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these User Agreement, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Finvestor.in Rules and Policies as provided from time to time in the following hyperlinks:

 

1.      Finvestor.in  Privacy Policy .

Please note: various underlined words and phrases are hyperlinked to various rules and polices on the Website. By accepting this User Agreement, User also agree that your use of respective country's Finvestor.in website by the user agreement, privacy policy and other rules and policies posted on those websites.

 

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not provide any service on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Finvestor.in reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Finvestor.in's notice or if it is discovered that you are under the age of 18 years.

 

Additional Clause for Business entity registration : If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement. As a business entity you also agree to all the terms and conditions set by the regulations released by SEBI from time to time on Investment Advice.

 

Guest User : If you are transacting as a Guest User, you shall not be allowed to list/ sell services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you. As a guest user buyer will not be eligible for reward points and all other benefits that are practically not possible to assign to a non-registered user.

 

2. Your Account and Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and mobile phone number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be.

 

Due to the nature of the services provided, You are expected to

1.      Provide true and accurate information during registration. This will enable us to contact you if you face any issue in future.

2.      Maintain the confidentiality of your information.

3.      Update your user information in case of any changes.

 

If you provide any information that is untrue, inaccurate, not current or incomplete or Finvestor.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Finvestor.in has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

 

3. Electronic Communications

When You use the Website or send emails or other data, information or communication to Finvestor.in, You agree and understand that You are communicating with Finvestor.in through electronic records and You consent to receive communications via electronic records from Finvestor.in periodically and as and when required. Finvestor.in will communicate with You by email or electronic records on the Finvestor.in Website which will be deemed adequate service of notice/electronic record.

 

4. Fees and Services.

Membership for both Service providers and Server seekers on the Website is free.  As a Service provider/Business User, however, before sell services through the Website, we request you to review our Seller Policies, which is hereby incorporated by reference into this agreement. Finvestor.in reserves the right to change its Service Fee and Credit policies from time to time. In particular, Finvestor.in may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Finvestor.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to FourQuadrants Analytics LLP within such time as specified in the invoice.

 

We do not have any free services on finvestor.in. As per rules & regulations mandated by SEBI, Registered Investment Advisors are fee based experts and hence charge an upfront payment before rendering services. We will charge a % of commission on the sale done through the website.

 

4.1 How fee is charged and payment schedule.  We process online payments on merchants behalf and send the money to merchant after deducting our service fees. Merchants do not have to deal with online payments as we take care of it. All we need from merchants some banking and accounting information for us to set-up online bank transfer account. We have a 6 day payment cycle. Money (order final value minus our service fees) will be electronically transferred for all Completed Orders occurred to your mentioned bank account.

 

4.2 Taxes:  You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. For Registered Investment Advisors (RIA), we collect the service tax at the prevailing rate prescribed by the Government of India.

 

4.3 Non payment:  Finvestor.in reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Finvestor.in. Finvestor.in also reserves the right to take legal action in case of non-payment of fees by you to Finvestor.in.

 

As a matter of policy, we will allow the customer to pay the fees in 5 working days, and in case the customer does not pay within 5 working days, we shall cancel the order.

 

5. Use of the Website


5.1. You understand and agree that Finvestor.in and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Investment Advsiors and are third party user generated contents. Finvestor.in neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Finvestor.in has no control over the third party user generated contents.

 

5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

 

2. Your Information (or any items listed):

The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: 

(a)   belongs to another person and to which You does not have any right to; 

(b)   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;  or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 

(c)   is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(d) harm minors in any way; 

(e) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) violates any law for the time being in force; 

(h) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

(i) impersonate another person; 

(j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;  or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 
(k) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or 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.

(l). shall not be false, inaccurate or misleading; 

(m) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(n) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

and
(o) shall not link directly or indirectly to or include descriptions of items, goods or services that:  are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a web site other than the Website;

3. Solely to enable Finvestor.in to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Finvestor.in will only use Your Information in accordance with the User Agreement and Finvestor.in's  Privacy Policy .

4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

5. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Finvestor.in of the same at  connect@finvestor.in .

6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

6A . You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website

7. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

8. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Finvestor.in as detailed and agreed in MOU signed by merchants/sellers.

 

6. Platform for Communication 

The Website is only a venue where Users may meet and interact with one another for their transactions. Finvestor.in is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Finvestor.in does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.

2. Finvestor.in is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Finvestor.in cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Finvestor.in shall not and is not required to mediate or resolve any dispute or disagreement between Users.

3. Finvestor.in does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Finvestor.in does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Finvestor.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

4. Finvestor.in does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5. Finvestor.in does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.

6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Finvestor.in is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over the items vest with Finvestor.in nor shall Finvestor.in have any obligations or liabilities in respect of such contract. Finvestor.in is not responsible for unsatisfactory or delayed performance of services or damages or delays.

7. At no time shall any right, title or interest over the items vest with Finvestor.in nor shall Finvestor.in have any obligations or liabilities in respect of such contract. Finvestor.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

9. You release and indemnify Finvestor.in and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Finvestor.in cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

 

Disclaimer:  Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

7. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available  here . If you object to your Information being transferred or used in this way please do not use the Website.

 

7A. Your Consent:

By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by Finvestor.in in accordance with Finvestor.in  Privacy Policy .

 

8. Payments

Payments for items on the Website can be made only through the electronic transactions. We do not accept Cash , Cheque, Bankers Draft. We process online payments on merchants behalf and send the money to merchant after deducting our service fees. Merchants do not have to deal with online payments as we take care of it. All we need from merchants some banking and accounting information for us to set-up online bank transfer account. Payments are made on end of month for all the orders which have been delivered 8 days before end of month payment cycle (order final value minus our service fees) will be electronically transferred for all Completed Orders occurred two weeks back to your mentioned bank account.

 

9. Breach

Without limiting other remedies, Finvestor.in may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to: 1. If you breach the User Agreement or  Privacy Policy  or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference incorporated herein by reference

2. If Finvestor.in is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or Finvestor.in. Finvestor.in may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Finvestor.in or use the Website in any manner whatsoever until such time that such User is reinstated by Finvestor.in. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Finvestor.in reserves the right to recover any amounts due and owing by you to Finvestor.in and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

 

10. Buying

All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.

 

By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

 

Finvestor.in strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Finvestor.in.

Please be aware that even if you do not give Finvestor.in your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.

 

11. Fulfillment's.

Registered Investment Advisors (Sellers) remain responsible for the uploading the final report on finvestor.in website. At no time, Finvestor.in takes title or ownership of any product or inventory.

 

12. Buyer Protection at Finvestor.in:

All the merchants selling at Finvestor.in are well screened by our team before they are brought on board. We assure you that all the products you buy from our website, regardless of the merchant are genuine, authentic, services being sold by well reputed and honorable merchants at the best prices possible. Of course, we also offer all the warranties, guarantees as entailed by the product, all this at a great price and with the best customer service in the industry.

12.1 If Finvestor.in has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Finvestor.in may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

12.2 Finvestor.in reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Finvestor.in may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

12.3 Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

 

13. Selling

As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at Finvestor.in Rules and  FAQs, which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.  All listings must comply with Finvestor.in which Policy is incorporated by way of reference in this Agreement.

 

The services you provide must match with what is expected. You shall not be misleading the customer expectation, charge or sell products unfit for the customer. Overall, you must follow all the rules and regulations set by SEBI (sebi.gov.in) for Registered Investment Advisors

 

14. Payments

Finvestor.in uses third party payment providers to receive payments from buyers on sellers behalf. Finvestor.in is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Finvestor.in takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence can not be held responsible for any fault at the end of payment providers. Further, Finvestor.in does not release the payment to Sellers until the order has been received by Buyers and they are satisfied with it. The Sellers should expect 3 to 4 weeks of delay from the time the payment received by Finvestor.in on behalf of Seller to when Finvestor.in is able to send the payment to Sellers. The Seller payment is typically net of the service fee charged by Finvestor.in for its services.

 

15. Feedback

We encourage Registered buyers on the Website to provide feedback to seller after the transaction has closed, this helps all Users to know what it is like to deal with the said merchant/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed to all users. Finvestor.in will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

 

You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Finvestor.in reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.

 

16. No Warranty

Finvestor.in and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

 

17. Limitation of Liability

In no event shall Finvestor.in or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).

 

Finvestor.in's liability in any circumstance is limited to the amount of fees, if any, paid by you to Finvestor.in. Finvestor.in, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Finvestor.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; 

2. Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Finvestor.in has been advised of the possibility of such damages).

 

18. Indemnity

You shall indemnify and hold harmless Finvestor.in and (as applicable) Finvestor.in's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Finvestor.in Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

 

19. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Finvestor.in and you shall have no authority to bind Finvestor.in in any manner whatsoever.

 

Except as explicitly stated otherwise, any notices shall be given by the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

 

This Agreement sets forth the entire understanding and agreement between You and Finvestor.in with respect to the subject matter hereof.

 

In Finvestor.in's sole discretion, Finvestor.in may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Finvestor.in assigns the Agreement on the same terms or terms that are no less advantageous to You.

 

19A. Disputes Resolutions

Generally, transactions are conducted smoothly on Finvestor.in. However there may be some cases where both the Buyers and Sellers may face issues. At Finvestor.in, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

 

A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

 

How is a 'dispute' resolved?

Whenever there is a disagreement, the Seller and Buyer can write to  connect@finvestor  in order to raise a dispute. Disputes can be raised at a particular transaction level.

 

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Finvestor.in will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is not entitled to any refund.

 

19B. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: Krishna Rath. Email:  connect@finvestor.in .

 

20. Arbitration

Adocuments they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Finvestor.in. The place of arbitration shall be Bhubaneswar, Odisha, The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

21. Governing Law

The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.

 

This document is an electronic record in terms of Information Technology Act, 2000 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.

 

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.