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”).
Dealer(s) / Partner(s) means and include your Dealer(s) / Partner(s) with respect of whom You have approached FinAGG to obtain certain services.
By using the Fame Score Services, you / your dealers / your partners agree that you / your dealers / your partners have read, understood, and are bound by these Terms, and that you / your dealers / your partners comply with the requirements listed herein. If you / your dealers / your partners 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.
1.1. “Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permits, licences, approvals, consents, authorisations, government approvals, directives, guidelines, requirements or other governmental restrictions, or any similar form of decision or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any regulatory authority, whether in effect as on the date of you / your dealers / your partners agreeing to be bound by these Terms or at any time after.
1.2. “Authority” means any judicial or quasi-judicial authority or any regulatory, statutory authority of India.
1.3. “Fame Score” means a data driven AI based evaluation tool designed by FinAGG to analyze and evaluate the credibility and stability of your prospective business partners Dealers / Partners for Large Enterprises. The tool fetches data from various sources including but not limited to GSTN, Banking, ITR, Credit Information from any / all of the Credit Bureau CIBIL, KYC etc. of your dealer / partner prospective business partners based on consent of the business partners dealer / partner, wherever applicable, and shares a detailed report on the overall business performance of the dealer / partner.
1.4. “Company” means FinAGG Technologies Private Limited, a company incorporated under the provisions of Companies Act, 2013, having its registered office at C-193, First Floor, Anand Vihar, East Delhi-110092 Delhi and corporate office at Smartworks, LG Floor, World Trade Tower, Block C1, Sector-16, Noida-201301 (U.P.) which the Company has partnered with in order to provide the Fame Score Services.
1.5. “Company T&Cs” means the terms and conditions of the FinAGG.
1.6. “Fame Report” shall mean the reports which shall be generated by the FinAGG by using their Fame Score tool, algorithms, and devices.
1.7. “Fame Score Services” has the meaning as ascribed to the term under clause 4.1 of the Terms.
1.8. “Fame Score” shall mean the score that is set out in the Fame Report including any inferences, references, and details, as may be provided at the sole discretion of the FinAGG, by using Fame Score tool, algorithms, and devices.
1.9. “Permitted Time Period” has the meaning as ascribed to the term under clause 3 of the Terms.
1.10. “Purpose” has the meaning as ascribed to the term under clause 4.1 of the Terms.
1.11. “Platform” means www.____________/fame-score & Mobile App (Android & IOS)
1.12. Unless otherwise specifically defined in these Terms, the capitalized words and expressions used herein but not defined herein shall have the meaning assigned to them in the Privacy Policy. In the event of any conflict between the provisions of these Terms or any other Terms and Conditions, the provisions of these Terms shall prevail, unless expressly specified to the contrary in any other Terms and Conditions.
You represent and warrant that you / your dealers / your partners (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 / your dealers / your partners hereby acknowledge and agree that by clicking on the check box and by providing details on the Platform, you / your dealers / your partners have requested for availing the Fame Score Services. You / your dealers / your partners have also provided consent to appoint the Company as your / your dealers’ / your partners’ authorized representative on an ongoing basis to pull out and receive your dealers’ / your partners’ 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”).
4.1. Fame Score Services: You / your dealers / your partners hereby acknowledge and agree that the Company shall access, use, analyse, aggregate and retain your dealers’ / your partners’ GSTN, Banking, ITR, Credit Information from any / all of the Credit Bureau CIBIL, KYC etc. for the following purposes (“Purpose”):
4.2. Third-Party Services: In order to provide the Fame Score Services to you / your dealers / your partners, we partner with various third-parties, including the ________ (“Third Party Service Providers”). You / your dealers / your partners 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.
4.3. Restrictions: You / your dealers / your partners shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you / your dealers / your partners will not:
You / your dealers / your partners acknowledge and agree that the Fame Score Services provided by the Company to you are on a chargeable basis. You / your dealers / your partners shall pay the required fees for availing Fame Score Services in accordance with the terms set out in the relevant section of the Platform. You / your dealers / your partners acknowledge and agree that the Company reserves the right to revise the fees payable by you / your dealers / your partners from time to time.
You / your dealers / your partners agree to defend, indemnify and hold harmless the Company, its affiliates, and each of its, and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from or relate to your / your dealers / your partners’ use or misuse of, or access to, the Fame Score Services, Platform, or otherwise from your / your dealers / your partners’ violation of these Terms, or infringement by you / your dealers / your partners, or any third-party using your / your dealers / your partners’ account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you / your dealers / your partners, in which event you / your dealers / your partners will assist and cooperate with the Company in asserting any available defences.
7.1. You / your dealers / your partners may terminate these Terms by ceasing to use the Platform and Fame Score Services.
7.2. The Company may suspend or terminate your / your dealers’ / your partners’ access to all or any part of the Fame Score Services at any time, with or without cause, with or without notice, effective immediately.
7.3. Upon termination of your / your dealers’ / your partners’ access to the Fame Score Services, you / your dealers / your partners’ right to use the Fame Score Services will immediately cease.
8.1. You / your dealers / your partners agree that your / your dealers’ / your partners’ use of the Fame Score Services shall be at your / your dealers’ / your partners’ sole risk. The Fame Score Services are provided on an “as is” and “as available” basis.
8.2. To the fullest extent permitted under Applicable Law, the Company disclaims all warranties, express or implied, in connection with the Fame Score Services and your / your dealers’ / your partners’ use thereof.
8.3. The Company makes no warranties or representations about the accuracy or completeness of the Fame Score Services or the content of any sites linked to the Platform and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your / your dealers’ / your partners’ access to and use of the Fame Score Services, (c) any unauthorised access to or use of the Company’s servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Fame Score Services, and/or (e) any bugs, viruses, or the like that may be transmitted to or through the Fame Score Services by any third party.
9.1. To the fullest extent permitted by Applicable Law, in no event shall the Company, its affiliates, directors, employees, or its licensors be liable to you / your dealers / your partners for any lost profits, lost data, costs of procurement of substitute products or services, or any direct, indirect, special, consequential, exemplary, incidental, punitive, or other damages arising out of or related to these Terms or the Fame Score Services, however caused and under any theory of liability, including, but not limited to, contract, tort, strict liability, or negligence, even if the Company has been advised of the possibility of such damages.
10.1. These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. The courts at Delhi, India shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms.
11.1. You / your dealers / your partners 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, costs, and expenses, claims, demands, lawsuits, judicial proceedings (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) arising from or relating to:
Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to you / your dealers / your partners or any third party for any direct, indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms, including any action taken by any Authority.
These Terms shall remain in effect as long as you / your dealers / your partners continue to avail the Fame Score Services.
14.1. Notwithstanding other legal remedies that may be available to you / your dealers / your partners, we may at our sole discretion, limit your / your dealers / your partners' access or activity (either temporarily or indefinitely), or suspend your / your dealers / your partners' access to the Fame Score Services / Fame Report, without providing you / your dealers / your partners with notice or cause, for any reason including but not limited to the occurrence of the following events:
14.2. Upon termination under Clause 14.1, these Terms shall terminate, except for those clauses that are intended to survive termination or expiry.
You / your dealers / your partners understand that the provisions of Terms and Conditions and Privacy policy apply mutatis mutandis herein, including but not limited to provisions in respect of indemnity and disclaimer. The Service Agreement, Terms and Conditions, and Privacy Policy entered / agreed with you / your dealers / your partners shall constitute the entire agreement and understanding between the Company and you / your dealers / your partners.
16.1. We reserve the right to make changes to these Terms and Conditions and the Platform. As a Customer, you / your dealers / your partners are required to review these Terms each time you / your dealers / your partners use the Platform or Fame Score Services. Your / your dealers / your partners' use of the Platform and Fame Score Services will be governed by these Terms as amended from time to time. If at any point such amendments are not acceptable to you / your dealers / your partners, we advise you / your dealers / your partners to cease using the Platform and/or the Fame Score Services at such time.
16.2. We also reserve the right to suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We do not guarantee that our Platform will always be available or be uninterrupted.
17.1. Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
17.2. Waiver - No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing in law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
17.3. Assignment - You / your dealers / your partners shall not licence, sell, transfer, or assign your / your dealers’ / your partners’ rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company may grant (subject to any conditions it deems appropriate) or withhold this consent at its sole discretion. The Company may assign its rights to any of its affiliates, subsidiaries, or parent company, or to any successor in interest of any business associated with the Fame Score Services without any prior notice to you / your dealers / your partners.
17.4. Notices - All notices, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to Smartworks, LG Floor, World Trade Tower, Block C1, Sector-16, Noida-201301.
17.5. Third Party Rights – No third party shall have any rights to enforce any terms contained herein.
These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of courts at New Delhi, India.
If you have any questions or complaints with regard to the Fame Score Services being offered, you / your dealers / your partners may directly email us at _____________ or reach out to us at _____
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).