Terms & Conditions

This website, www.finlabsindia.com, (hereinafter referred to as “Finlabs India”) is owned, hosted and operated by Finlabs India Pvt. Ltd. (hereinafter referred to as FIPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at Office No. 66, 2nd Floor, Balkrishna Niwas, 2nd Panjrapole lane, Near C P Tank Circle, Mumbai – 400004

Definitions

The term ‘authorized user’ would include any person, whether an individual or a legal entity who has subscribed to the services of Finlabs India, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Finlabs India or chosen by the user or agreed upon by Finlabs India. It is made abundantly clear that only the authorized user has the right to access the services so offered by Finlabs India.

For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorized user’ and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.

The terms ‘User’ and ‘Customer’ would include both the authorized and browser/visitor(s).
The terms ‘service’ or ‘services’ would mean to include the interactive online tools, information & research offered by Finlabs India on the internet through which the user may access information carried by Finlabs India, input and process their customer data and disseminate processed reports to their customers. The terms would include to mean the various reporting, transaction and analytical tools through which the user can provide personalized financial planning & advice, transaction facilities and monitoring portal to their clients.

Terms and Conditions

Finlabs India and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Finlabs India, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Finlabs India. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT info@finlabsindia.com

FIPL may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on Finlabs India. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of Finlabs India, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. FIPL may also suspend the operation of Finlabs India for support or technical up-gradation, maintenance work, in order to update the content or for any other reason.

If you utilize Finlabs India in a manner inconsistent with these Terms and Conditions, FIPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Payment Terms

Payments for the services offered by Finlabs India shall be on a 100% advance basis. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Finlabs India Pvt. Limited. FIPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. User acknowledges and agrees that FIPL/Finlabs India.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to FIPL under any other agreement or commercial relationship towards other products/services. Finlabs India Pvt. Ltd. gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Finlabs India Pvt. Ltd.. undertakes no liability for free services. Finlabs India Pvt. Ltd.. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

Finlabs India Pvt. Ltd. uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Finlabs India Pvt. Ltd does not store or keep credit card data. Since the transaction happens on a third party network not controlled by Finlabs India Pvt. Ltd., once a credit card transaction has been completed, the payment information is not accessible to anyone at Finlabs India Pvt. Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.

Finlabs India Pvt. Ltd. shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Refund in failed transactions

Though FIPL payment reconciliation team works on a 24 x 7 basis, FIPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

Use of Information

Customer agrees to treat all information obtained from the Service or any information otherwise made available to Customer in the Service (“Content”) as proprietary to Finlabs India. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Finlabs India. Finlabs India does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the content / research in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of information to personal and internal use, and shall not use tools, research and information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

Intellectual Property Rights

All logos, brands, trade marks and service marks (“Marks”) appearing in Finlabs India are the properties either owned or used under license by FIPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with FIPL / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

FIPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. FIPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using Finlabs India as a platform to infringe the Intellectual Property Rights of others, FIPL will be free to terminate this agreement forthwith without any notice to the user.

Restrictions / Prohibitions

You hereby expressly agree not to:

Access data not intended for you or log into server or account that you are not authorized to access;
Access data not intended for you or log into server or account that you are not authorized to access;
Attempt or breach security or authentication measures without proper authorization;
Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Finlabs India, overloading, Flooding, mail bombing or crashing;
Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Finlabs India except as permitted;
Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Finlabs India or link to Finlabs India, without our express written consent.
The user shall not utilise the services offered by Finlabs India in any manner so as to impair the interests and functioning of FIPL/Finlabs India. The user undertakes not to duplicate, download publish, modify and distribute material on Finlabs India.com unless specifically authorised by FIPL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Finlabs India other than the Home Page without obtaining prior consent of FIPL. FIPL strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
Users undertake that the services offered by Finlabs India shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. FIPL reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by FIPL to relay emails. All attempts shall be made by FIPL and the user to abide by International Best Practices in containing and eliminating Spam.

The User / subscriber / visitor to Finlabs India or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:

Belongs to another person and to which the user does not have any right to;
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;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, 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.

Violations of system or network security may result in civil or criminal liability.

Links to third party websites

Finlabs India may provide links to other third-party World Wide Web sites or resources. FIPL makes no representations whatsoever about any other Web site you may access through this Website (Finlabs India).

Disclaimer & Warranties

Finlabs India is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF Finlabs India IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

FIPL AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Finlabs India.

Views expressed by the users are their own, FIPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the website. FIPL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

No information contained herein shall constitute an invitation or an offer to invest in FIPL or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and FIPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

This Website is controlled and operated from India and FIPL makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

FIPL offers products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. FIPL does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that FIPL intends to announce, launch or provide such products, programs or services in your country.

Limitation of Liability

FIPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

FIPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer’s data/information. FIPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.

Termination

FIPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Finlabs India (or any part thereof) for any reason, including, without limitation, that FIPL based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

Indemnification

Submissions and unauthorized use of any information(s)/materials contained on Finlabs India may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, FIPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Finlabs India material or your breach of these Terms and Conditions.

Privacy Policy

The user of Finlabs India is subject to Finlabs India Privacy Policy.

Arbritation

If any dispute arises between a user/users and FIPL arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by FIPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

Severability of Provisions

THIS AGREEMENT between you and FIPL governs your use of Finlabs India. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.

Waiver

The failure of FIPL to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

Governing Law

By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to Finlabs India as well as these Terms and Conditions.

Jurisdiction

Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to Finlabs India and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to Finlabs India.

FIPL does not routinely monitor your postings to the web site but reserves the right to do so. However, if FIPL becomes aware of an inappropriate use of Finlabs India or any of its Services, FIPL will respond in any way that, in its sole discretion, FIPL deems appropriate. You acknowledge that FIPL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, FIPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
FIPL reserves all other rights.

Violations

Please report any violations of these Terms and Conditions to FIPL at info@finlabsindia.com