Terms of Service
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. working capital loan services, invoicing building, tax filing etc.), 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 Terms of Services and shall be considered as part and parcel of this Terms of Services. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Services (“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 Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Account Registration 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, and incompetent to contract, You shall not register as User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Fingage reserves the right to terminate your account and/ or refuse to provide You with access to the Website and Services, if it is brought to Fingage's notice or if it is discovered that You are under the age of 18 years.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password through your account. You agree that if, You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Services, We shall have the right to indefinitely suspend or terminate or block access of your registration on the Website and refuse to provide You with access to the Website. Website as a Platform for Small and Medium Business Enterprise(s) Fingage is a platform that its registered User(s) utilize to fulfill their invoicing, collection, cash flow and business management requirements. Website aims at providing various services to freelancers, online sellers and small and medium business enterprise(s) including but not limited to preparation of estimates, invoices, creation of business reports, automatic SMS & email follow-ups for invoices, payable management, obtaining cash flow insights, linking users financial institution information with Fingage Services etc. Website acting as an intermediary, on the basis of invoice discounting method, credit lines can also introduces third party loan providers to You/ User(s) to meet short term working capital loan desires of the User(s).
- All loan services (including but not limited to loans, credit lines etc) shall be offered by and agreed to between User(s) and third party loan providers. Fingage provides no surety to You/ User(s) of availing loan(s) from third party loan providers.
- Fingage does not have any control or does not determine in third party loan providers decision of rendering loan services to User(s).
- Fingage is not responsible for any non-performance or breach of any contract entered into between User(s) and any third party loan providers.
- Fingage unless expressly agreed by Fingage, does not guarantee that the User(s) will perform its part of obligations to repay any loan amount (including interest), availed by User(s) from any third party loan providers.
- Fingage does not make any additional representation or warranty in relation to the services provided, other than representations or warranties under this Agreement.
- Fingage is not responsible for unsatisfactory or delayed performance of services or delays of third party loan providers.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
This Agreement describes the terms governing your use of the Fingage online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to You for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Fingage. Fingage reserves all other rights in the Services. Until termination of this Agreement and as long as You meet any applicable payment obligations and comply with this Agreement, Fingage grants to You a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any unauthorized third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless Fingage notifies you otherwise in writing. This Agreement also incorporates by reference payment terms provided to you on the Website for the Services.
You must pay with one of the following.
- Credit Cards
- Debit Cards
- Internet Banking
- Any other mode of payment, as may be decided and made available on the Website.
- If your payment and registration information is not accurate, current, and complete and You do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, Fingage may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) Lack of authorization for any transaction/s, or (b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or (c) Any payment issues arising out of the transaction, or (d) Decline of transaction for any other reason/s.
- Fingage will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the Website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
Fingage MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION
6.1Responsibility for the Content
You shall be responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Fingage a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You shall be responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures relating to such Content. Fingage shall not be in any manner responsible for the Content or data you submit through use of the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by fingage.com writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Fingage does not support and is not responsible for the content in these community forums. Please respect other users while interacting with other users. You shall not reveal information that You do not want to make public. Users may post hypertext links to content of third parties for which Fingage shall not be held responsible.
6.3Fingage may freely use feedback You provide.
You agree that Fingage may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Fingage a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback You provide to fingage.com any way.
6.4Fingage may monitor your Content.
Fingage may at its discretion, monitor Content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Fingage or its customers, or operate the Services properly. fingage.com its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement
7. ADDITIONAL TERMS
7.1Fingage does not give professional advice.
Fingage may at its discretion, monitor Content on the Services. We may disclose Unless specifically included with the Services. You are advised to consult a competent professional, when You need this type of assistance.
7.2We may tell You about other Fingage Services
You may be offered other services, products, or promotions by Fingage (“Fingage Services”). Additional terms and conditions and fees may apply. With some Fingage Services You may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Fingage permission to use information about your business and experience to help us to provide the Fingage Services to You and to enhance the Services. You grant Fingage permission to combine your business data, if any, with that of others in a way that does not identify You or any individual personally. You also consent and grant Fingage permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Fingage may be required by law to send You communications about the Services or Third Party Products. You agree that Fingage may send these communications to You via email or by posting them on our Website.
7.4You will manage your passwords and accept updates.
You are responsible for securely managing your password(s) for the Fingage Services and You shall contact Fingage, if You become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK.
EXCEPT AS DESCRIBED IN THIS AGREEMENT. THE SERVICES ARE PROVIDED on "AS IS" BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FINGAGE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. FINGAGE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
FINGAGE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT Fingage DOES NOT EXCLUDE LIABILITY FOR. (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
9. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF FINGAGE, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, Fingage, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Fingage SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF Fingage AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Fingage, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Fingage and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Fingage reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by fingage.com the defense of any Claims.
Fingage reserves the right to amend this Agreement at any time, and the changes will be effective when posted through the services, on our Website for the Services or when we notify You by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your acceptance to the changes.
Fingage may immediately, in its sole discretion and without notice, terminate this Agreement or suspend the Services if You fail to comply with this Agreement. Upon termination, You must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Fingage’s rights to any payments due to it. Fingage may terminate a free account at any time. Sections 2 to 15 will survive and remain in effect even if the Agreement is terminated.
12. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of India, without regard to its conflicts of law principles. Notwithstanding the foregoing, You acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Fingage’s or its Suppliers’ intellectual property rights may cause Fingage irreparable damage for which recovery of money damages would be inadequate. Accordingly, You agree that Fingage shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by You or otherwise to protect Fingage’s rights under this Agreement. You submit to the exclusive jurisdiction of the courts of Jaipur, Rajasthan, India subject to the limitations and exclusions of liabilities provided for in this Agreement. Fingage does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Fingage prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
Entire Agreement. This Agreement, including the Additional Terms and Conditions below, is the entire agreement between You and Fingage and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter.
Severability. In the event any one or more of the terms of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unaffected.
Assignment. This Agreement or any of its rights and obligations hereunder, shall not assigned by You without prior written consent of the Fingage and any such attempted assignment shall be null and void. Nothing contained herein shall prevent the assignment of this Agreement by the Fingage without your consent to (a) an affiliate, (b) a company through a sale of assets by Fingage, or (c) a successor by merger. If You want to request a transfer of this Agreement, please contact Fingage via an email to [email protected]
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Fingage Supplemental Agreement and Terms of Services Your use of the Services provided by Fingage are subject to the General Terms of Services above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail. If You do not agree to these terms of the Agreement, You are not granted any rights whatsoever in the Services. If You are not willing to be bound by these additional Terms and Conditions, You should not access or otherwise use the Fingage Services.
The Fingage Service is licensed on a yearly subscription basis.
Additional Payment Terms:
- Under this agreement, the payment processing services for Fingage Services purchased on Website are provided by Razor Pay depending on the type of payment method used for Services.
- In the event You choose to pay through any mode processed via a third party, You shall be governed by such third party terms of services and Fingage shall not be responsible for any such third party processing services.
2. TRIAL VERSION AND BETA FEATURES
If You registered for a trial use of the Fingage Services ("Trial Period"), You must decide to purchase a license to the Fingage Services, at the rate prevailing at the time of registration, within the Trial Period in order to retain any Content that You have entered through the Fingage Services, created within the data file, posted or uploaded during the Trial Period. If You do not purchase a license to the Fingage Services by the end of the Trial Period, your Content will no longer be available to You. To be very clear, after using the Fingage Services during the trial period, if You decide not to purchase the license to the full version of the Fingage Services, You will not be able to access or retrieve any of the data You added or created with the Services during the trial.
From time to time, Fingage may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Fingage Services for your use. You understand and agree that your use of the Beta Features is voluntary and Fingage is not obligated to provide You with any Beta Features. You understand that once You use the Beta Features, You may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, You may not be able to return or restore data created within the Beta Feature, back to the earlier non-beta version. The Beta Features are provided on an “AS IS” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
3. PERMITTED DISCLOSURES AND USE OF DATA
You acknowledge and agree that in order to provide You with access to and use of the Fingage Services, Fingage may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Fingage to effectuate such replacement. Any other person, You identified as an authorized user of the Fingage Services will have access to the account data subject to the access permissions You or the system administrator assigned to them.
4. ONLINE DATA TRANSFER (NOT APPLICABLE TO PLANS/VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE)
5. FINGAGE SERVICE USE, STORAGE AND ACCESS
Fingage shall have the right, in its sole discretion and with reasonable notice posted on the Fingage Service site and/or sent to You at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Fingage Services and establish or change limits concerning use of the Fingage Services, temporarily or permanently, including but not limited to (i) the amount of storage space You have on the Fingage Services at any time, and (ii) the number of times (and the maximum duration for which) You may access the Fingage Service in a given period of time. Fingage reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and may provide to You with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Fingage Services to which such changes relate. Your continued use of the Fingage Services will constitute your acceptance of and agreement to such changes. Fingage may, from time to time, perform maintenance upon the Fingage Services resulting in interrupted service, delays or errors in the Fingage Services. Fingage will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation of registration of your account, your account will be deleted with immediate effect and You will not be able to access the Fingage Services. There are no refunds upon cancellation. If You cancel your account with us, we are not under any obligation to retain your information. However, we may retain your information for Twelve (12) months after You cancel your account with us, as our business practice.
7. SOCIAL MEDIA SITES
8. THIRD PARTY PRODUCTS AND SERVICES.
Fingage may tell You about third party products or services, including via the Service. Fingage may offer products and services on behalf of third parties who are not affiliated with Fingage (“Third Party Products”) and/or provide access or links to third party websites ("Third Party Sites"). If You decide to use any Third Party Products or access any Third Party Sites, You are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Fingage is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with fingage.com any way. You agree that the third parties, and not Fingage, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Fingage will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites. You agree that You will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Fingage or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.