1. Overview:

This Terms of Service Agreement (this “Agreement”) is entered into by and between “Fin Expert” (finexperts.co.in) and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of finexperts.co.in services (“Services”) purchased or accessed through the finexperts.co.in website (this “Site”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.

2. General Use of the Service:

Customer shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement.

The Service is offered to Customer conditioned upon Customer’s acceptance without modification of this Agreement. Customer acknowledges that, from time to time, it may be necessary for Fin Expert to update or revise certain provisions of the Agreement. By signing up for any Fin Expert Service and accepting this Agreement, Customer agrees that Fin Expert may change the terms of the Agreement in its sole discretion without specific notice to Customer. If Customer does not agree to the changes proposed by Fin Expert, or to any terms in this Agreement, Customer’s sole and exclusive remedy is to cancel Customer’s Fin Expert Service (“Customer’s Account”).

3. Fin Expert Update Request Services:

The number of updates and modifications carried out by the Fin Expert team on behalf of the customers is limited by our Fair Usage Policy. The intent of Fin Expert’s Fair Usage Policy is to provide the optimum service experience to all customers. Under the policy we have defined fair usage levels for the number of modifications and updates allowed.

4. Website/Software Maintenance:

The Customer’s are expected to use Fin Expert’s Content Update System. They can send out content-related updates to the Fin Expert support team on a monthly basis if they need additional help. However, Fin Expert prescribes and follows a fair usage policy while handling updates per month. The customer can request one content related updates per month under the same. Fin Expert will support update requests from customers as long as their website subscription continues with us. Update requests do not include any design changes, layout creation, external software integrations, blog integrations etc. All of these will be charged additionally depending on the scope of work involved. Fin Expert also holds the right to refuse any additional update requests made by the customer which goes beyond the fair usage policy.

5. Website/Software Subscription Period:

Fin Expert’s one year website subscription starts from the Date of sign up from the customer and continues for 12 months from that date. Date of Sign up is the date on which the customer releases the payment to Fin Expert.

6. Website/Software Delivery:

The customer acknowledges that building the website/Software is a collaborative effort and the customer is equally responsible for furnishing the information / approvals etc. needed within the time frame committed. When too much iteration is done the website delivery is bound to be delayed from the original plan. The customer will not hold Fin Expert responsible for such delays.

7. Rules of Conduct:

You agree not to host, display, upload, modify, publish, transmit, update or share any information that —

I) belongs to another person and to which the user does not have any right to unless you have written consent from the owner of the copyrighted material;

II) is grossly harmful, harassing, blasphemous defamatory, obscene, pedophilic, libelous, 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;

III) Harm minors in any way;

IV) Infringes any patent, trademark, copyright or other proprietary rights;

V) violates any law for the time being in force;

VI) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

VII) Impersonate another person;

VIII) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;

IX) 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 offense or prevents investigation of any offense or is insulting any other nation.

 

 

 

Further, you acknowledge and agree that:

– Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules, and regulations.

– You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.

– You will not use this site or the services found at this site in a manner (as determined by Finexperts.co.in in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity;

Promotes, encourages or engages in child pornography or the exploitation of children;

Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of this Site or the Services found at this Site;

Contains false or deceptive language, or unsubstantiated or comparative claims, regarding finexperts.co.in Services.

– You agree to back-up all of your User Content so that you can access and use it when needed. Finexperts.co.in does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

X) Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any of our employees or support staff or its Authorized Users will result in immediate Account termination.

No refund will be processed if you violate any of the above “Rule of Conduct”.

8. Digital Marketing Services:

Fin Expert doesn’t make any specific guarantee regarding the search engines to which it submits advertising on customer’s behalf, including placement of paid search advertising or any specific results. Fin Expert does not guarantee the number of calls, clicks, impressions, or website visitors or that paid search advertising will appear in response to any particular query. Fin Expert does not guarantee the performance will be error-free but will immediately act to correct errors once they have been identified. Fin Expert is not responsible for content/info graphics posted by clients on their social media pages etc. Fin Expert is not responsible for any fraudster/criminal activities conducted by its customer. If such activities or misconduct noticed by Fin Expert, Fin Expert has the right to stop the activities with immediate effect. If any payments of SEO activities are delayed the results promised would also get extended depending on current competition. There is no refund policy under Digital Marketing services. If the service is stopped in between the agreed time unless the promised deliverable will not be delivered under promised timelines. Fin Expert is not responsible for results if client keep changing keywords on monthly basis.

9. Force Majeure:

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, Pandemic, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

10. Privacy Policy:

The Customer agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Customer’s affiliation with any person or entity. Customer shall maintain a valid email address at a all times. Customer shall be responsible for maintaining the confidentiality of Customer’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Customer shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Fin Expert for such actions.

Any information supplied by Customer upon opting for the Service and any other information about Customer and/or Customer’s business (collectively, “Customer Data”) is subject to Fin Expert’s Privacy Policy. Fin Expert will send Customer newsletters and email messages to inform Customer of new products, promotions, features and helpful tips for Fin Expert services. Fin Expert will also use email to inform Customer of important policy changes or subscription renewal notices.

11. Content Submission:

Although Fin Expert firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers if the content is against the public policy as the law of the land (India). Therefore, Fin Expert cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Customer acknowledges that Customer should always use caution when posting any personally identifying information about Customer or Customer’s employees on the Service, the Customer Site, or any other user sites.

Fin Expert does not control or monitor the Customer Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Fin Expert reserves the right, but is not obligated to review the Customer Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Fin Expert also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Customer Content in Fin Expert’s sole discretion.

12. Third Party Content:

For Customer’s convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Third Party Content is not under the control of Fin Expert and Fin Expert is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Fin Expert is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Fin Expert is providing such Third Party Content to Customer only as a convenience, and the inclusion of such content does not imply endorsement by Fin Expert of such content or the affiliate or advertiser. Customer may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Fin Expert does reserve the right to remove content that, in Fin Expert’s judgment, does not meet its standards, but Fin Expert is not responsible for any failure or delay in removing such material.

Fin Expert is not and will not be responsible for (i) the terms and conditions of any transaction between Customer and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Customer has a dispute with any such third party, Customer releases Fin Expert (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

13. Email Service:

All Fin Expert accounts may have Email services provided by an independent Third Party Email Services. Fin Expert is not responsible for unavailability or malfunction of email network or services. Fin Expert is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and Email Service Provider. In the event of a Dispute, Customer hereby releases Fin Expert (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.

 

14. Fin Expert Proprietary Rights/Software Licenses:

Customer acknowledges and hereby agrees that the Service and any software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content contained in sponsor advertisements or information presented to Customer through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

Fin Expert provides Customer with a non-exclusive, non-transferable, limited license to use the Software, which Customer agrees to use in accordance with this Agreement. Customer may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Fin Expert. The Software is owned by Fin Expert and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Fin Expert and its suppliers and are protected by trade secret laws.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. CUSTOMER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

15. Copyright and Trademark Notices:

All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Fin Expert. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Fin Expert, and/or the Software, is permitted without the written permission of Fin Expert. Any rights not expressly granted herein are reserved.

16. Charges, Billing and Renewal:

Fin Expert reserves the right to charge fees for the Service or any portion thereof, if Customer is required to pay a fee for all or any part of the Service for which Customer has chosen. Customer hereby authorizes Fin Expert to charge Customer’s valid and current credit or debit card, if details are given, in advance for all applicable fees incurred by Customer in connection with Customer’s chosen package and Customer’s Account. Customer’s Service and Account will renew by customer at the end of each subscription period, unless the Service or Customer Account is terminated in advance of the end of the then-current term.

Fin Expert has the authority to pull the site down if the balance payment not received.

The customer agrees and fully understands that the Terms of Use mentioned here in our website is applicable to them once they sign up for our service or make payment for our service.

17. Shipment and Delivery Policy:

Fin Expert offers website services and other internet related solutions that are delivered online, we do not charge for the ‘shipments and delivery’ as the transfer and delivery is done online. The time of delivering a product varies on the product or service type and solely depends upon the co-ordination from the client. The ideal time for delivering a website is 7 working days and can extend if the client fails to co-ordinate. The other Internet services are subscription based and payments are collected in a cyclic fashion as and when the subscription expires.

18. Termination/Cancellation of Customer's Website/Software:

Either Customer or Fin Expert may terminate or cancel Customer’s Account (or any part of the Service) at any time, but Fin Expert will not refund any prepaid fees upon such termination or cancellation.

Fin Expert will not provide any backup or source code of the website/software.

19. Limitation of Liability:

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL FIN EXPERT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF FIN EXPERT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL FIN EXPERT’S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO FIN EXPERT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE

20. Indemnification:

Customer agrees to indemnify and hold Fin Expert and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to

(I) Customer’s breach of this Agreement;

(II) Any information (including but not limited to Customer Content and Customer’s publicly posted information) submitted, posted, or otherwise provided by Customer at the Customer Site and/or to Fin Expert and/or its affiliates;

(III) Any dispute or litigation between an Indemnified Party and a third party caused by Customer’s actions; and

(IV) Customer’s negligence or violation or alleged violations of any rights of another;

(V) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer’s business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Customer’s relationship with Fin Expert or Customer’s use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Fin Expert and/or its suppliers, affiliates, partners, subsidiaries and employees.