These Terms and Conditions (“Terms”) govern the use of or access to FinAGG’s AI based evaluation tool (called Fame Score) Services as defined below.
Please read these Terms carefully before accessing or using the Fame Score Services. These Terms also include Privacy Policy, available at ___________ and any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time.
These Terms constitute a binding and enforceable legal contract between FinAGG Technologies Private Limited (“Company”, “we”, or “us”) and any user of the Fame Score Services (“you”, “User”, “your”).
Anchor means and include User’s Client who require Fame Report from FinAGG with respect to certain information/data of such User.
By using the Fame Score Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the website or the mobile application or use the Fame Score Services.
You represent and warrant that you (a) have full legal capacity and authority to agree and be bound to these Terms, (b) are eighteen years of age or older, (c) are an Indian resident, and (d) have all requisite right, power and authority in full force to enter into these Terms.
You hereby acknowledge and agree that by clicking on the check box and by providing your details on the Platform, you have requested for availing the Fame Score Services. You have also provided your consent to appoint the Company as your authorized representative on an ongoing basis to pull out and receive your Fame Report for a period of 6 (six) months; or (ii) till such time the Fame Score Report is required to be retained to satisfy the Purpose for which it was intended; or (iii) until the revocation of consent, whichever is earlier (“Permitted Time Period”).
You hereby acknowledge and agree that the Company shall access, use, analyses, aggregate and retain your GSTN, Banking, ITR, Credit Information from any/all of the Credit Bureau, CIBIL, KYC etc. for the following purposes (“Purpose”):
In order to provide the Fame Score Services to you, we partner with various third-parties, including the ________ (“Third Party Service Providers”). You understand and acknowledge that the Company shall not be responsible for any inability to render the Fame Score Services due to any actions or inactions of such Third-Party Service Providers.
You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you will not:
You acknowledge and agree that the Fame Score Services provided are on chargeable basis either from you or the Anchor, as per mutual basis. We also provide the User with a prior reasonable notice and the User shall have the option to discontinue the access to the Fame Score Services if the user does not wish to continue availing our Fame Score Services.
All data that we collect in order to provide you the Fame Score Services shall be governed in accordance with our Privacy Policy.
You hereby acknowledge and agree that the Company shall:
The Company reserves the right to verify the details/information provided by you. In the event such information is false, the Company reserves the right to take action against you including but not limited to suspension of your access to the Fame Score Services. Additionally, the Company reserves the right to suspend your access to the Fame Score Services for any breach of the terms contained herein.
Further, the Company reserves the right to withdraw, discontinue or stop the provision of the Fame Score Services, at any time, at sole discretion of the Company and your use of such Fame Score Services shall automatically terminate.
You agree that upon deletion of your account, we reserve the right to retain such data of yours to the extent permitted under the Applicable Law.
You have registered on the Platform and have chosen to avail the Fame Score Services voluntarily and at your free will for your own benefit and the Company has not made any promises or representations to you in order to induce you to grant your consent or authorisation under these Terms, including but not limited to, consent for sharing your personal identifiable information with the Company. Accordingly, the Company shall not be liable for any loss or damage resulting from you availing the Fame Score Services on the Platform, or, otherwise from the use of the Platform, or, from the use of the Fame Report provided to you.
You agree and acknowledge that the sharing of your Fame Report by the Company with the Anchor in relation to the Fame Score Services being availed by you and/or Anchor on the Platform is only upon your request, consent, and convenience and does not imply any affiliation, endorsement, approval, investigation, verification, or monitoring by the Company of any content or information, including but not limited to the Fame Report contained within or provided by the Company on the Platform.
You agree that it shall be your sole responsibility to ensure the correctness of any communication, information, instruction, or any other inputs which are required to avail the Fame Score Services. You understand and agree that we do not accept any responsibility or liability for any loss or damage if any information, documentation, material, or data provided to avail the Fame Score Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
You acknowledge and understand that the Company shall not be responsible for any errors, inaccuracies, or omissions in relation to the Fame Report. This Service is for informational purposes only and is intended to provide helpful and informative material on the subjects addressed to you. The Company does not control your Fame Report, which is a statistical analysis of information contained in your data as maintained in the system and database of the Company and we cannot change that information for you. However, if information in your report is inaccurate and is affecting your score, you have the right to dispute it directly with the Company through their website.
The Fame Score Report and/or any other Services and other products, information, materials, and services provided by the Company are provided “AS IS”. The Company specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice in respect to the same. Without limiting the foregoing, the Company makes no warranty of any kind that the Fame Score Services or any products or results of the use thereof, will meet your or other persons’ requirements, operate without interruption, achieve any intended result, be compatible or work with any software, systems, or other services, be secure, accurate, complete, free of harmful code or error-free.
You understand that we shall in no manner be held liable for any unauthorized use of the data required for Fame Score Services through your Account due to unauthorized access including but not limited to hacking and security breaches.
You agree and acknowledge that the display of any products including but not limited to any financial product, offered by any third parties, on the Platform, if any, does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice, or approval of the Company against such third parties or their products. Your interaction and any sharing of your data/information/personal information with any third party accessed through the Platform is at your own risk, and the Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
You agree to use the Service for your personal consumption only, except as specifically provided by the Company.
You acknowledge that there may be a failure to process a request by the Company in the event the particulars, details and/or the documents, furnished by you, do not match the information existing, for any reason whatsoever, including but not limited to, data not accepted by the data collection system maintained by the Company or incomplete upload of data provided by you in relation to this Service. The Company shall inform you of such failures.
You acknowledge that any analysis and estimates provided by the Company as part of the Fame Score Services are for illustrative and informational purposes only.
You agree and acknowledge that the methodology which the Company uses to determine which offers, analysis, or other information is presented or highlighted is proprietary and the Company may elect to consider, ignore, emphasize, or de-emphasize certain factors in its sole and absolute discretion.
You further agree and acknowledge, to the extent permissible by law, all information given by the Company to you shall be proprietary information of the Company.
All rights, title, and interest in and to the Platform and Fame Score Services, including all intellectual property rights arising out of the Platform and Fame Score Services (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited license to use the Platform in accordance with these Terms.
We may request you to submit suggestions and other feedback, including bug reports and vulnerability disclosures, relating to the Fame Score Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you, without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third-party’s intellectual property rights.
You must not use any part of the content on our Platform for commercial purposes without obtaining a license to do so from us or our licensors. If you print, copy, or download any information from our Platform in breach of these Terms, your right to use our Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
The Company reserves the right to ban you in the event you infringe, violate or misappropriate the intellectual property rights of the Company or any other third party, while using the Platform.
You shall indemnify, defend at FinAGG’s option, and hold the Company, its affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any direct or indirect losses, actions, damages, penalties, cost and expenses, claim, demand, lawsuits, judicial proceeding, (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) arising from or relating to:
For the avoidance of doubt, you shall not be liable for any loss or damage suffered by the Company as a result of any reliance by the Company on any content submitted or provided by you or your users, to the extent such reliance is in accordance with the Terms and/or the Privacy Policy.
The Company shall indemnify you for any direct damages incurred by you as a result of the use of the Fame Score Services or the Platform, except to the extent such damages arise from your negligence or willful misconduct.
You agree to cooperate fully with the Company in the defense of any claim subject to indemnification hereunder. The Company shall have the right to assume exclusive control of the defense and settlement of any such claim, provided that you shall not settle any claim without the prior written consent of the Company.
This indemnity provision will survive termination of these Terms.
To the maximum extent permitted by law, under no circumstances shall the Company or any of its affiliates be liable to you for any indirect, incidental, special, consequential, or punitive damages (including but not limited to loss of profits, loss of goodwill, loss of data, loss of use, loss of revenue, or any similar losses), whether based in contract, tort, strict liability, or any other legal theory, arising out of or related to your access to or use of the Platform or the Fame Score Services, even if the Company has been advised of the possibility of such damages.
In no event shall the Company’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for the Fame Score Services during the preceding three (3) months or the amount of INR 100, whichever is lower.
Nothing in these Terms shall limit or exclude the Company’s liability for fraud or fraudulent misrepresentation or for death or personal injury resulting from its negligence, nor for any other liability that cannot be limited or excluded by law.
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our reasonable control, including, but not limited to, fire, explosion, storm, flood, earthquake, act of God, war, terrorism, rebellion, insurrection, acts of civil or military authorities, strikes, lockouts, labor disputes, or other industrial disturbances, failure of the internet or any public telecommunications network, failure of any third-party service provider, or other events of a similar nature.
In the event that any Force Majeure event continues for a period exceeding thirty (30) days, either party may terminate these Terms by providing written notice to the other party.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms shall be governed by and construed in accordance with the laws of India without regard to its conflict of law provisions.
In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, the parties shall first attempt to resolve such dispute amicably through discussions between the parties. If the dispute is not resolved within thirty (30) days, either party may refer the dispute to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be New Delhi, and the arbitration proceedings shall be conducted in English.
The arbitral award shall be final and binding on both parties. Each party shall bear its own costs in connection with the arbitration.
These Terms, together with the Privacy Policy and any additional terms or policies provided by the Company, constitute the entire agreement between you and the Company regarding the use of the Fame Score Services and supersedes all prior agreements and understandings, whether written or oral.
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms at any time without notice to you.
If you have any questions or concerns regarding these Terms, please contact us at: support@example.com
If you / your dealers / your partners have any questions, complaints, or claims with respect to the Fame Score Services, you / your dealers / your partners may contact us at ____________________.
Additionally, if you / your dealers / your partners have any questions, complaints, or claims with respect to the Fame Score Services and/or Fame Report, you / your dealers / your partners may contact the Company at __________________ (FinAgg email address).