TERMS OF USE


These terms of use, together with the documents referred to in it (hereinafter referred to as the “Terms of Use”) describes the terms and conditions on which you (hereinafter referred to as “User”, “you” or “your” as the context may require) may make use of finsightventures.in (or, our mobile based application, when available on iOS App Store and Android Play Store, collectively hereinafter referred to as “Platform”), owned and operated by Financial Insight Ventures Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at No. 1058, 7th Cross, 7th Block HMT Layout Vidyaranyapura, Bangalore, Karnataka -560097 (hereinafter referred to as “Finsight”, “we”, “us” or “our” as the context may require).


Finsight operates this Platform to provide online access to information about Finsight and the products, services, and opportunities we provide at Finsight (“Services”). Depending on the Services you use, you may be subject to certain additional specific terms and conditions (“Additional Terms”). Subject to the type of Service, the relevant Additional Terms are herein considered incorporated into these Terms of Use and form a part of your agreement with us.


These Terms of Use represent a binding contract between you and us with regard to the Platform and in particular, the Services. Therefore, you should read these Terms of Use carefully before you start to use the Platform and/or any Services. You indicate your agreement to these Terms of Use by clicking or tapping on a button indicating your acceptance of these Terms of Use, by executing a document that references them, or by using the Platform and/or the Services.


BEFORE ACCESSING OUR PLATFORM OR USING ANY SERVICE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH (AND HEREBY INCORPORATED HEREIN BY REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS OF USE, AND ALL GUIDELINES SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE, THEN PLEASE CEASE USING THE SERVICES OR THE PLATFORM IMMEDIATELY.


  1. CHANGES TO THESE TERMS


    1. We may revise these Terms of Use at any time, by amending this page, without providing any intimation to you. Please check these Terms of Use from time to time, to take notice of any changes that we make, as they will be binding on you.


    1. If you are a registered user of the Service, we will notify you of material changes to these Terms of Use by email before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, you will be required to affirmatively accept the new Terms of Use the first time you visit the Service and log in to your user account after the new Terms of Use take effect. If you do not agree with the proposed changes, you should discontinue your access to the Platform or use of the Service prior to the time the new Terms of Use take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use.


    1. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products.


  1. CHANGES TO PLATFORM


    1. In order to optimize and improve your experience, we may update the Platform from time to time, and may change the content, display or form of the Platform or its user-interface at any time without prior notice. We do not guarantee that the Platform, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Platform or any of the content provided on it.


  1. Affirmative Representations Regarding Your Use of the Service


    1. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Services available on the Platform do not violate any applicable law or regulation; (c) you are 18 (eighteen) years of age or older; and (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use and contract.


  1. USER REGISTRATION


    1. Registration. You can visit and browse the Services without becoming a registered member of the Platform, but you may not be able to access most of the interactive portions of the Services unless you are a registered member or provide the desired information (“Information”), when prompted on the Platform. You may sign up to become a registered member of the Services by completing the registration process or providing your Information when prompted on the Platform. If you sign up to become a registered member of the Platform or provide your Information to avail the Services, as requested you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s form (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.


    1. Accounts. You may be required to create a user identification (“I.D.”) that will be associated with your member account. You may only create one user I.D. that will be associated with your member account. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. By registering on the Platform, or by registering for our Services on the Platform, you agree to undertake the responsibility for maintaining the confidentiality of your identification and password information, and for restricting unauthorised access to your registered Account. As part of your member account, you may be able to create a user profile, participate in referral and other schemes offered by us, as part of the Services you have chosen to avail on the Platform.


  1. PRIVACY


    1. By using the Platform and the Services you agree to our Privacy Policy available at finsightventures.in, the terms of which are incorporated into, and form a crucial part of, these Terms of Use. You hereby expressly authorize us to access information you disclose to us and permit us to access, use and, in some cases, store your information in accordance with the terms of our Privacy Policy. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you, or that you provide to us. Our Privacy Policy shall apply to your use of the Platform and/or Services and by using the Platform and/or Services you consent to such processing and you warrant that all data provided by you is accurate.


  1. PROHIBITED USES


    1. You shall not use the Services on our Platform for any illegal, unlawful or prohibited purposes (“Prohibited Uses”). In particular, the Services shall not be used for any illegal transactions or for the transmission of any offensive content pertaining to, without limitation:


        1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;

        2. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne, or tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;

        3. Body parts which includes organs or other body parts;

        4. Child pornography which includes pornographic materials involving minors;

        5. Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials, or copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including bundled software;

        6. Gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;

        7. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;

        8. Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including all laws of India.


    1. Further, by using our Services on the Platform, you shall not:


  1. Use our Platform and/or Services for any purpose other than those uses specifically authorized or permitted by us;

  2. Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of other person without their permission, or perform any other similar fraudulent activity;

  3. infringe our or any third party's intellectual property rights, rights of publicity or privacy;

  4. post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;

  5. post or transmit any message, data, image or program which is pornographic in nature;

  6. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Platform or features that enforce limitations on the use of the Service;

  7. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof;

  8. use the Platform and/or Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;

  9. breach these Terms of Use or any other applicable policy;

  10. provide false, inaccurate or misleading information;

  11. use the Platform to collect or obtain personal information, including without limitation, financial/confidential information, about other users of the Platform;

  12. exchange, discuss, highlight, promote or disseminate, either directly or indirectly, any data or information relating to Finsight’s competitor(s) or such entities engaged in similar business as that of Finsight, with a view to, inter alia, persuade our existing members on the Platform to discontinue their engagement with us;

  13. use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you; or

  14. host, display, upload, modify, publish, transmit, update or share any information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.


    1. It is understood and agreed that the above lists are not exhaustive, and have been provided for illustrative purposes only. In the event you use our Platform and/or the Services for any Prohibited Uses, we reserve the right to immediately, and without notice, suspend/delete your Account and ban you from accessing our Platform in future.


  1. YOUR CONTENT


    1. By using our Platform, you grant us a worldwide, perpetual, unrestricted, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit all content and information submitted by you using the Services (collectively “your Content”), but only for the limited purposes of providing the Services to you and as otherwise permitted by our Privacy Policy. This license continues even after you stop using the Services or Platform. You acknowledge that this license includes the right for us to make your Content available to other users of the Services and/or Platform, who may use your Content subject to these Terms of Use.


  1. USER CONTENT


    1. The Platform and Services may also display content provided by other users that is not owned by us (“User Content”). Such User Content is the sole responsibility of the user/entity that makes it available. We are not responsible for any actions you take with respect to your Content or User Content (collectively “Content”), including sharing it publicly.


  1. TERMINATION


    1. You agree that Finsight, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use or access of the Platform or Services at any time in accordance with these Terms of Use or Additional Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Finsight may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.


  1. INDEMNIFICATION


    1. You agree to indemnify, save and hold Finsight and its affiliates, contractors, employees officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses arising out of or related to your use or misuse of the Platform or Services, any violation of these Terms of Use or any of the covenants made by you herein.


  1. Warranty Disclaimer; Limitation on Liability



    1. Disclaimer of Warranties. (i) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, CONTENT, OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE SUCH ITEMS OR MATERIALS ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF OUR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONSULTANTS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF; AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, INFORMATION OR SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, INFORMATION OR ADVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND/OR THE SERVICE.


    1. Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND/OR THE SERVICE, INFORMATION, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL BE LIMITED TO AND NOT EXCEED THE SERVICE FEE PAID BY YOU OR INR 500, WHICHEVER IS LOWER.


  1. INTELLECTUAL PROPERTY RIGHTS


    1. All content included on our Platform and/or part of the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on our Platform and/or Service is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on our Platform and/or for the Service is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.


  1. LICENSE TO USE OUR PLATFORM


    1. We grant you a limited license to access and make personal use of our Platform, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools. This Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.


  1. LEGAL DISPUTES AND DISPUTE RESOLUTION


    1. Initial Resolution. We are available by email at contact@finsightventures.in to address any concerns you may have regarding your use of the Platform or Services. Most concerns may be quickly resolved in this manner. Each of you and Finsight agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.


    1. Governing law and dispute resolution. These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Service or these Terms of Use, shall be subject to the jurisdiction of the courts at Bangalore, India.


  1. OTHER TERMS


    1. Independent contractors. Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.


    1. Non-waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.


    1. Severability. These Terms of Use operate to the fullest extent permissible by applicable law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


    1. Notices. You agree that Finsight may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Platform.


    1. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of these Terms of Use or any termination of your use of or subscription to the Services.

    2. Assignment. These Terms of Use are personal to you and are not assignable or transferable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.


    1. No modifications by our employees. If any of our employees offer to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

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