Apya Capital Services Private Limited (hereinafter referred to as “FINCITY/ we/ our”) acknowledges the expectations of its customers (hereinafter referred to as “customer/ you/ your”) regarding privacy, confidentiality, and security of personal information that resides with the FINCITY. Keeping personal information of customers secure and preventing any misuse thereof, is, therefore, a top priority of FINCITY.
We state that FINCITY is strongly committed to protecting the privacy of its customers and has taken all necessary and reasonable measures in line with applicable laws and regulations as well as the best industry practice to protect the confidentiality of your personal information and its transmission through our website.
- 1. General Terms of Usage
- 2. Eligibility for use of Website and Mobile Application
- 3. Services being offered
- 4. Permission to Use
- 5. Intellectual Property Rights
- 6. Limited Liabilities
- 7. Users Responsibilities
- 8. Recording of Calls
- 9. Indemnity
- 10. Grievances and Complaints
- 11. Governing Law
- 12. Severance
- 13. Miscellaneous
1. General Terms of Usage
- The terms and conditions are subject to change without any prior notice. In case of continued use after the change of the terms and conditions shall mean that you have read, understood, accepted the terms and conditions, and legally bound to the terms and conditions.
2. Eligibility for use of Website and Mobile Application
- The Website and mobile application are restricted for the use of minors or who are under the age of 18.
- The use of the Website and mobile application is restricted for the individuals, persons, and business entities that are restrained by any legal statutes, judicial order, and actions or by any other law in force for such use.
- The use of the Website and mobile application by the affiliate(s) and subsidiarie(s) of the Companies which are restricted by the legal statutes, judicial orders, and judicial actions are restricted for use.
- The business partner(s), business affiliate(s), and business associate(s) are permitted to use only one account, and you have been restricted to sell, trade, share or transfer the information through electronic means or through any other means to any third party.
3. Services being offered
- FINCITY through this Website and mobile application allows you to find, check and compare the appropriate and suitable financial products, services are any other services being offered herein. FINCITY provides the credit report/information with the help of the third party for the sale of financial products and services. Such information about the financial products or any other services hereunder shall be of the FINCITY or of any third parties. Such information relating to any third party products shall be provided on an ‘as-is’ basis as provided by the third party. The FINCITY shall not be responsible for any changes in the offerings of the third party, however, FINCITY update the changes in the products of the third party at the earliest, however, there shall be no bar on time on FINCITY for change of the information of products relating to the third party.
- You will be providing the personal details and contact details while using the website and mobile application and expressly consent that you are interested in the purchase of products being offered by FINCITY. Such personal details and information will be stored in the servers of the FINCITY. The FINCITY based upon your express consent as mentioned herein shall be entitled to call you through telephone or email for a better understanding of your interest and purchase of products therein.
- FINCITY reserves the right to share the information as received by you and as stipulated in clause 3.2. to any of its third party agents or any of its business partners for the purpose of sale, promotion of the products and services being offered herein. Such business partners and agents shall use the details in order to contact you through telephonic calls, SMS, and e-mails.
- The services as offered by the FINCITY shall be free of use, however, few services being offered are subject to user fee/access fee by the third party. Such fee or costs shall be levied by you, and in no manner, the FINCITY shall pay the fee as levied by the third party.
- The services being referred herein provided also through mobile applications are subject matter for the exclusive use of you or for purpose of providing a lead to your business associate. However, providing such lead to your business associate shall be accepted by FINCITY in writing. The services offered under the mobile application shall be used for the following purpose:
- to process the applications for the purchase of any products being offered;
- to check the scoreboard and earnings of the leads;
- to check the status of leads about their interest in the purchase of the products.
- The process of application, checking the scoreboard and earnings of the leads shall be made upon the express acceptance of the leads, in case of any process of the application of the leads without their prior permission, then you shall be held liable for whatever legal liabilities that may arise and same shall be defended at your own cost. The FINCITY, in this regard, shall not be held responsible in whatsoever manner.
- The commissions/fees, whatsoever received by sale of the products of the third parties shall vest with the FINCITY and you will not be entitled to claim any commission/fees as received by third parties. Further, you are restricted to engage directly or indirectly with any third party of which the products and services being offered by FINCITY.
- FINCITY shall also provide assistance about the products being offered through a toll-free number, such assistance shall be provided by FINCITY or by engaging the services of any third party. The assistance shall be free of cost, however in case of any charges which may be levied for use of specialised services, then the same shall be intimated by FINCITY or any third party which is providing assistance about the charges/fees.
- You are requested to seek expert advice, in order to ascertain the suitability and appropriateness of the products being offered herein, the information provided by the Website and mobile application are general in nature. Your acceptance, use, and purchase of the products being offered herein under your sole discretion, any queries with regard to the products and services shall be made to the toll-free number or contact email address made available to you by FINCITY.
- In order to provide more clarity and information about the products/services being offered, the Website and mobile application may also include the links of any third party websites. We are not liable for the content, adequacy, and accuracy of the information as available on third-party websites.
- The Website and mobile application may contain the details of the sponsors and any advertisement. The information provided by the sponsors and advertisers shall be hosted in the Website and mobile application and FINCITY shall not be made liable for any false information and misrepresentation by the sponsors and advertisers.
- The contents made available in the Website and mobile application shall not constitute an offer to sell a product or enter into a definitive agreement for the purchase by FINCITY or by any third party. By submitting the personal details you are offering the third party to obtain the relevant information about a product with the terms and conditions as stipulated by the third party, which you are under sole discretion to accept or to reject.
- Your interest in the purchase of a product and or services shall be concluded after you accept a product and service. FINCITY shall strive to provide the uninterrupted service of the Website and mobile application. However, FINCITY reserves an absolute right to terminate, suspend, or restrict the service being offered to you at any time, without giving any prior notice.
4. Permission to Use
- The Website and mobile application are meant for permitted and exclusive personal and non-commercial use by you. However any individual or business associates, business partners can use and access the Website and mobile application for their individual use.
- Use of this Website and mobile application for non-commercial purpose is strictly prohibited. Any violation of the terms with respect to use of the Website and mobile application shall result to termination and cancellation of the license for permission to use. Such unauthorized use shall result to claim for the damages and for any offence under the applicable law, which you will be responsible to bear at your own cost. FINCITY in this regard shall not be made liable in any manner.
- You are barred from endorsing our link in such a manner which is misleading, other than the terms and conditions of use. However, prior permission of FINCITY in this regard shall be taken and FINCITY at any time can ask you to withdraw the link without giving any prior notice and you shall withdraw the same at your own cost immediately.
5. Intellectual Property Rights
- The copyrights of the information, contents, material or data being shared and displayed in the Website and mobile application belongs to FINCITY or our licensors/licensees/authorized or permitted agents or members.
- The intellectual properties includes the data, information, details about the products, design, layout, trademarks, logos, appearance and graphics, internet domain names, service marks, know-hows, processes and business methods, software programs (even if such intellectual property rights are registered or not).
- Till the use of the Website and mobile application you are temporarily allowed to download, store the extracts of the information for the exclusive personal use. Such information should not be used for any other commercial purpose, in case if found that you are using it for the purpose other then the permitted use, then the services shall be terminated, and you will be liable for any infringement of use under the applicable law. By accepting terms and conditions you will be liable for legal course of action and you will set right the damages at your own cost if found guilty.
- You are prohibited to reproduce any material information being made available to you through Website and mobile application. You are barred from transmitting, altering, tampering and sharing the content or any other information that are grossly offensive and result to damage the systems and software of any third party including that of FINCITY. Any breach in violation of the Data protection laws is prohibited.
6. Limited Liabilities
- FINCITY shall correct any errors in the information being provided in the Website and mobile application upon intimation by the third party as and when notified by them and within the reasonable period of time.
- FINCITY, in any manner will not guarantee the accuracy of the information being provided in the Website and mobile application. The information, softwares, products and services as provided by the FINCITY is ‘AS IS’ basis received by the FINCITY. FINCITY in any manner shall not be made liable and held responsible for any inaccuracies and errors.
- FINCITY in any manner will not guarantee the accuracy, validity and endorse the products, services and information being provided in the Website and mobile application. Such information being provided in the Website and mobile application may be out of date and such information, products and services offered may be superseded with the new information, products and services. FINCITY shall not be held responsible in many manner, however FINCITY upon intimation by such third party and within reasonable time shall correct such in accurate information, services and products.
- FINCITY shall not guarantee that the emails, SMS being sent by its affiliates, agents and supplier are free from any virus or other harmful components.
- FINCITY provides the information, products and services on ‘AS IS’ basis as received by the third party. FINCITY shall not be responsible in any manner in case of any infringement, fitness and business usage about the information, products and services being provided herein.
- FINCITY will not be responsible either directly or indirectly for any loss, damages and claims while using of the Website and mobile application and use of products and services as provided therein.
- By using the Website and mobile application and upon your offer for use of any product and service and after acceptance of the offer by FINCITY, if the offer is rejected by FINCITY. Then FINCITY shall not be responsible in any manner for the loss of the amounts incurred in the processing.
- FINCITY in case of rejection of the offer, shall try to find the appropriate best service and products from any other third party. However, FINCITY shall not guarantee to provide the service and product as per your requirement.
- Some of the channels shall provide an access to any third party websites, such third party website shall carry and hold some of the information relating to services and products and user reviews, the FINCITY shall not validate any such information nor the views represented therein shall represent our views and or the business affiliates, partners, suppliers and agents. While use of such third party websites the FINCITY shall not be held responsible for wrong information or loss in any kind and nature.
- The products and services and information being offered herein are provided by the third party, you will be responsible for any type of obligations after purchase of such products and services. FINCITY in this regard, shall not be responsible for any kind of damages or loss that may occur after the purchase of the products and services, the FINCITY is acting hereunder as aggregator to provide the information about the available products and services of the third party. The actual terms and conditions for purchase and use of such products and services are subject to change by the third party and in this regard the FINCITY will not be held responsible in any manner.
- The information provided in Website and mobile application about the product and services may be incomplete. Before purchase of any product and services you are requested to read, understand and then purchase the product and service. The FINCITY in this regard shall not be held responsible in any manner if a product or service is purchased without understanding the terms and conditions.
- The links to any third party websites are provided for your use and convenience, FINCITY doesn’t guarantees the accuracy of the information about any products and services being provided in such third party websites.
- Any views, opinions, advice and assistance being provided in such third party websites are not verified, endorsed by FINCITY. FINCITY in this regard shall not review, monitor, verify and check such views, opinions, advice and assistance. FINCITY shall not be responsible in any manner in case of any false/incorrect views, opinions, advice and assistance. You are requested to carefully look into such views, opinions, advice and assistance.
- FINCITY makes available the suitable products and services based upon the inputs and information being provided by you, however while visiting the third party websites and links may have other products and services, the FINCITY in this regard shall not be made responsible for not providing any information relating to such other products.
- FINCITY in any manner is liable of any type of acts, omissions, errors, false representation and warranties by any of the third party, agents/supplies, business partner(s) and business affiliate(s) which may result into any type of loss, personal injury, damage of any property arising therein.
- FINCITY and its affiliates have no liability to refund any amounts in case of delay, cancellation or due to force majeure or any other reasons which are beyond the control.
- FINCITY, its agents/suppliers, business affiliate(s) and business partner(s) shall not be held responsible directly or indirectly for any type of loss that has occurred due to use of the Website and mobile application or inability to use such Website and mobile application or due to any information made available in Website or any third party website or services being obtained through such website.
7. Users Responsibilities
- You must take all reasonable precautions (including but not limited to the use of appropriate virus checking software) in order to ensure that any information, content, material, or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or Mobile Application or the website or mobile application of third parties or any other technology.
- You may complete the registration process as part of your use of this Website or Mobile application which may include the creation of a username, password, and/or other identification information. Any username, password, and/or other identification information must be kept strictly confidential by you and must not be disclosed to, or shared with, anyone. If in case you disclose or share with anyone your username, password, and/or other identification information, you are solely responsible for all activities undertaken on this Website or mobile application using your username, password, and/or other identification information.
- You must check and ensure that all information, content, material, or data you provide on this Website or Mobile application is correct, complete, accurate, and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur for any information provided or shared by any business associate(s) or if any information, content, material, or data you provide on this Website or Mobile application is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.
- It is your responsibility to identify and correct any mistakes or errors in the information, content, material, or data held by the third party about you before you obtain any product or service. We do not accept any responsibility or liability for any loss or damage you may suffer or incur for any information provided or shared by any business associate(s) or if any information, content, material, or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.
- You agree that you will not use the Website and mobile application to post pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at our sole discretion. You further agree not to use the Website and mobile application in any manner to impersonate, exhibit, or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate the rights of any person (including other users of the Website and mobile application and third parties, related or unrelated to the use of the Website and mobile application or the services provided through it) including any patent, copyright, trademark, trade secret or other proprietary rights of such persons. You also agree that the Website and mobile application is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Website and mobile Application.
- You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their details will be used. You are solely liable for any impersonation or fraud that you may commit while submitting any information on this Website or Mobile application and the resultant damage or injury that such impersonation or fraud may cause to us or to any third party. We, and such affected third parties, shall have the right to initiate such legal action against you as deemed fit.
- You undertake to comply with all applicable laws, rules, and regulations in force at all times during the subsistence of these terms within the territory of India and especially but not limited to those related to financial services, loans, securities, foreign exchange, and taxes. You are solely responsible and liable for your conduct on this Website or mobile application and for your user content.
8. Recording of Calls
- Any telephonic calls made to our customer care service may be recorded and monitored for the purpose of training the staff and to improve the quality of service. Such recordings shall be used under due proper care and supervision by the officials of the FINCITY.
- You hereby understand, accept, and authorise the FINCITY to record the calls for the purpose as stipulated in the clause above.
10. Grievances and Complaints
- Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason or have complaints or grievances of any kind, you can inform us about the same by sending an email to firstname.lastname@example.org. We will aim to resolve your complaint as soon as possible and if we are not able to do so, we will provide you with an acknowledgment. After we have had an opportunity to investigate your concerns, we will issue you with a final response.
- If you remain dissatisfied with our response or in case of any kind of disputes, differences, controversies relating to or arising out of our products or services or acts or relating to the use of this Website or Mobile application all such disputes, differences, and controversies shall be finally, exclusively and conclusively settled by the Arbitration in accordance with the Rules of Arbitration under the provisions of Arbitration and Conciliation Act, 1996 by appointing a sole arbitrator by FINCITY. The Arbitration shall be conducted in English Language and the venue for such arbitration shall be at Bengaluru, Karnataka, India. The Award of Arbitral Tribunal shall be final and binding on the parties to the dispute. The cost of the Arbitration shall be borne by the respective parties. If you are unhappy with any service/act of a third party or have any complaint regarding any third party, you should address your complaint directly to that third party and we will not be responsible and answerable for such complaints/ grievances.
11. Governing Law
- The Website and mobile application are intended for use by the residents of India. We hereby not represent that any product or service made available in the Website and mobile application is meant for appropriate use outside the territory of India.
- If u choose to use the Website and mobile application from outside, then it’s at your sole responsibility and risk in order to be compliant with all the local laws as applicable in other countries.
- FINCITY reserves an absolute right to suspend, terminate the use of products, and/or any services if in the opinion of the FINCITY the security of the Website or mobile application shall be compromised.
- FINCITY reserves the right to suspend the use of products and/or services in the Website and mobile application of any customer without assigning any reason at its sole discretion.
- FINCITY reserves the right to impose the appropriate user fee for use of website and mobile application, the FINCITY reserves an absolute right to change the user fee and continuance of use of Website and mobile application shall depends upon your acceptance of change in user fee.
- When you voluntarily send us electronic mail, we will keep a record of this information so that we can respond to you. We only collect information from you when you register on our site or fill out a form. Also, when filling out a form on our site, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously. In case you have submitted your personal information and contact details, we reserve the rights to Call, SMS, Email or WhatsApp about our products and offers, even if your number has DND activated on it.