FHA operates the website www.fintoo.in (“Website”) under brand names “Fintoo” or any other name as may be set up by FHA from time to time. FHA provides the user (“User”, You”, “you”, “your”) in person and or through the Website investment and wealth management services to the Users (“Services”). FHA is committed to operating its website and mobile website with the highest ethical standards and appropriate internal controls. The terms herein are aligned with the definition of electronic contract under the Information Technology Act 2000 and its amendments from time to time. They do not need physical or digital signature and may be accepted as found on the Website.
The terms herein govern the User’s visit to and use of the Website (the “Terms” or the “Agreement”) are a binding contract between you and FHA. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at :[email protected]
The User acknowledges that, in the course of engagement with FHA and while availing the Services, User may obtain information relating to the Services and/or FHA (“Confidential Information”). Such Proprietary Information shall belong solely to FHA and includes, but is not limited to, the features and mode of operation of the Services, computer code, internal documentation, problem reports, analysis and other technical, business, product, plans and data. In regard to this Confidential Information the User shall not use (except as expressly authorized by this Agreement) or disclose Confidential Information without the prior written consent of FHA unless such Confidential Information becomes generally publicly available without your breach of this Agreement. User shall at all times all measures to maintain the Confidential Information and Services in confidence.
FHA Website are protected by intellectual property rights belonging to FHA in the form of copyright, trademarks, patents, trade secret and/or other relevant laws. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without FHA's express written permission. The User is permitted a limited licence to use the Website for personal and non-commercial use, subject to the Website Terms and Conditions. User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the FHA Website.
THE USER AGREES AND UNDERSTANDS THAT THE WEBSITE AND SERVICES ARE PROVIDED STRICTLY ON “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SERVICES, INFORMATION, CONTENT WHETHER PROVIDED HEREIN OR IN PERSON. USER ACKNOWLEDGES AND AGREES THAT SERVICES AVAILED AND USE OF THE WEBSITE IS AT THEIR SOLE RISK AS TO COSTS AND CONSEQUENCES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WHILE ALL ENDEAVOURS WILL BE TAKEN BY IT TO ENSURE OTHERWISE, FHA CANNOT AND DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
USER ACKNOWLEDGES THAT ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS AND THAT PAST PERFORMANCES ARE NOT INDICATOR OF FUTURE RETURNS. FHA STRICTLY DISCLAIMS AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER. FURTHER FHA OR ITS REPRESENTATIVES ARE NOT PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, USER IS URGED TO EXERCISE PRUDENT JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD FHA HARMLESS IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY FHA OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
FHA may at its sole option choose and the User hereby unconditionally accepts that FHA may charge its Users a fee for use of Website, which charges may be updated without notice to any party.
If the Services or use of the Website is prevented, hindered or delayed by a Force Majeure event (as defined below), FHA shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of FHA, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
The provisions related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction shall survive expiry or termination of these terms and without prejudice, any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Any expiry or termination of the Agreement shall not nullify or amend causes of action prior to such termination
Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by FHA, through arbitration to be conducted in accordance with Mumbai Centre for International Arbitration’s rules. The venue of such arbitration shall be at Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
Subject to arbitration provisions herein, these Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to any conflict of law provisions. Notwithstanding the foregoing, you agree that (i) FHA has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.
FHA shall from time to time review these terms and hereby reserves the right to change or modify, any or all of them including, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Website. Any such change(s) shall be effective immediately upon the relevant webpage going ‘live’. User is urged to determine when these Terms were last revised by referring to ‘LAST UPDATED’ link in these Terms.