May 25, 2020
Thanks for choosing “FINCRM” (“FINCRM,” “we,” “us,” “our”). FINCRM offers a SaaS based CRM software as well as other products and services that may be developed from time to time. When you sign up or otherwise access any of the services offered by FINCRM, (collectively, the “FINCRM service” or “service”), you enter into a binding contract with FINCRM.
In order to access the FINCRM service, you need to (1) meet the age criteria as defined in the chart below, (2) hold legal eligibility to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where our service is available. By agreeing to the Terms & Conditions, you agree that any registration information that you submit to FINCRM is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, FINCRM undertakes no liability in relation to any violation of terms and conditions of use by you.
If you are a resident of one of the following countries, refer this chart for your country-specific age restrictions
If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you as per the age mentioned .
|Andorra*, argentina*, australia, austria*, bahrain, belgium, bolivia*, costa rica*, czech republic, denmark*, dominican republic, ecuador, el salvador*, estonia, finland, france*, greece*, guatemala*, honduras*, hong kong, iceland, india, ireland, israel, jordan, kuwait, latvia, lebanon, liechtenstein, luxembourg, malaysia*, malta*, mexico*, monaco*, morocco, new zealand, nicaragua*, norway*, oman, palestine, panama*, paraguay*, philippines*, poland*, portugal*, qatar, saudi arabia, singapore, south africa, spain*, sweden, switzerland, uae, turkey*, united kingdom, uruguay, vietnam
||Must be 18 or older, or be 13 or older and have parent or guardian consent.
||Must be 19 or older, or be 13 or older and have parent or guardian consent.
||Must be 18 or older, or be 16 or older and have parent or guardian consent.
|Bulgaria*, colombia*, chile, hungary, peru, romania
||Must be 18 or older, or be 14 or older and have parent or guardian consent.
||Must be 13 or older to use the free service. For paid subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.
|Cyprus*, italy, lithuania, netherlands
||To use the free service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a paid subscription, must be 18 or older, or be 13 or older and have parent or guardian consent.
||Must be 21 or older, or be 13 or older and have parent or guardian consent.
|Japan, taiwan, thailand
||Must be 20 or older, or be 13 or older and have parent or guardian consent.
||Must be 16 or older, or be 13 or older and have parent or guardian consent.
||Must be 18 or older.
2. Changes to the agreements
Sometimes we may settle on changes to the understandings for legitimate reasons, for example, improving the current features or adding new features or highlights to the services, actualizing headways in technology and innovation, guaranteeing the operability or the security of the services, and for legal or regulatory reasons. At the point when we settle on material changes to the Agreement, we'll give you notice as suitable under the situation being what it is, e.g., by showing you a notification or by sending you an email. Sometimes, we may inform you ahead of time, and your regular usage of the services after the progressions or changes have been caused, shall be believed as your acknowledgment of the changes. Hence, ensure you read any such notification cautiously. On the off chance that you don't wish to keep utilizing the services under the new form of the Agreement, you may terminate your account by reaching us through the Contact page on our website. On the off chance that you got a membership through our Selling partners, you must contact the selling partner for the same
3. Enjoying FINCRM
Here’s some information about all the ways you can enjoy FINCRM
3.1 Feature options
You can find a description of our product features on our website, and you’ll be getting a lis of features which are available to you when you create a FINCRM account. Certain options are provided to you free-of-charge. The FINCRM service that does not require payment is currently referred to as the “Free Trial.” Other options require payment before you can access them (the “paid subscriptions”). We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these terms.
In case, any gift card, promotional offer or any other offer is used at the time of making payment for availing services of FINCRM, separate terms & conditions that come along with such offer shall be applicable over and above the terms as per this Agreement.
3.2 Free Trials
FINCRM or our selling partners on our behalf may offer free trials of our product for a specified period without payment or at a reduced rate (a “trial”). FINCRM may determine your eligibility for a trial, and withdraw or modify a trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
4. Payments, Renewals and Cancellations
4.1 Procurement and Billing Cycle
You may purchase a paid subscription directly from FINCRM or through our selling partners by making payment as per your billing cycle.
FINCRM may change the price for the paid subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. You accept the new price by continuing to access the FINCRM service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid subscription prior to the price change going into effect, by contacting us.
4.2 Renewal; Cancellation of Subscription plan
If you purchased your subscription directly through FINCRMs’ website or through our selling partners, you are obliged to make payment on the same day of the date of renewal. Failure to do so, will lead to blocking of account on the same day at midnight and if the payment remains unpaid for a period of 15 days, we shall delete all your user data, documents and other information stored by you, from our servers in an unrecoverable manner. The data shall be recoverable for a period of 15 days beginning from the date when the renewal of subscription becomes due, only in case you make the complete payment as per your billed amount.
Under any circumstances, if you wish to terminate your account after making a payment, no subscription amount paid by you to us shall be refundable unless otherwise specified in these Terms or specified with a service plan. No refund shall be granted, on partial or non-usage of our services by you.
However, in case you want to terminate your subscription on account of change in our policies or Terms, you must notify us about the same by clearly mentioning your desire of seeking a refund because of unacceptable changes in Policies or Terms to you. Such a notification shall be made by you to FINCRM TECHNOLOGIES PRIVATE LIMITED through the contact page of our website within 7 days of the change in Policies or Terms. The refund shall be granted on a pro-rata basis for the remaining duration of the subscription period.
5. Access rights to FINCRM
FINCRM is the property of FINCRM TECHNOLOGIES PRIVATE LIMITED. We grant you limited, non-exclusive, revocable permission to access the FINCRM service for personal, non-commercial purposes. This access shall remain in effect until and unless terminated by you or FINCRM. You agree that you are accessing the FINCRM service for your own personal, non-commercial use and that you are not allowed to redistribute or transfer the FINCRM service without prior Agreement in that regard.
The FINCRM software applications are not sold or transferred to you, and FINCRM and its licensors retain ownership of all copies of the FINCRM software applications even after usage on your personal computers, mobile handsets, tablets and/or other devices (“devices”).
All FINCRM trademarks, service marks, trade names, logos, domain names, and any other features of the FINCRM brand (“FINCRM brand features”) are the sole property of FINCRM TECHNOLOGIES PRIVATE LIMITED. The agreements do not grant you any rights to use any FINCRM brand features whether for commercial or non-commercial use.
You agree to abide by our guidelines and not to use FINCRM, or any part thereof in any manner not expressly permitted by the agreements, except for the rights expressly granted to you in the agreements, FINCRM grants no right, title, or interest to you on the usage of FINCRM service.
6. Third party applications or Integrations
The FINCRM service may otherwise interact with third party applications, websites, and services (“third party applications”) and third party devices to make the FINCRM service available to you. These third party applications and devices may have their own terms and conditions of use and privacy policies and your use of these third party applications and devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that FINCRM does not endorse and is not responsible or liable for the behaviour, features, or content of any third party application or device or for any transaction you may enter into with the provider of any such third party applications and devices, nor does FINCRM warrant the compatibility or continuing compatibility of the third party applications and devices with the service.
7. User-generated content
FINCRM users may post, upload, or otherwise contribute content to the service (which may include, for example, pictures, text, messages, information, descriptions and/or other types of content) (“user content”). To seek clarification, “user content” includes any such content posted to the FINCRM support community as well as any other part of FINCRM that we may determine.
You promise that, with respect to any user content you post on FINCRM, (1) you own or have the right to post such user content, and (2) such user content, or its use by FINCRM as contemplated by the agreements, does not violate the agreements or any other rights set forth within the user guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with your user content by FINCRM or any entity or individual without express written consent from FINCRM or such individual or entity.
FINCRM may, but has no obligation to, monitor, review, or edit user content. In all cases, FINCRM reserves the right to remove or disable access to any user content for any or no reason, including user content that, in FINCRMs’ sole discretion, violates the agreements. FINCRM may take these actions without prior notification to you or any third party. Removal or disabling of access to user content shall be at our sole discretion. Having said this, we do not expressly opt to deletion or removal of any specific or particular user content
You are solely responsible for all user content that you post. FINCRM is not responsible for user content nor does it endorse or promote anything contained in any user content. You agree that if anyone brings a claim against FINCRM related to user content that you post, then, to the extent permissible under local law, you shall indemnify and hold FINCRM harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
8. Rights you grant us
By signing up to or otherwise accessing the FINCRM service, you give us the permission to (1) to consume the device processor, network bandwidth, browser cache and cookies in order to facilitate the operation of the service, (2) to provide advertising and other information to you, and (3) to allow our Selling partners to do the same. In any part of the FINCRM service, the content, including its selection and placement, may be influenced by commercial considerations, including FINCRM agreements with third parties. Some content, provided to, created by or otherwise made available by FINCRM may contain advertising as part of the content. Such content is made available to you on “as is” basis.
If you provide feedback, ideas or suggestions to FINCRM in connection with the FINCRM service or content (“feedback”), you acknowledge that the feedback is not confidential and you authorize FINCRM to use that feedback without restriction and without payment to you. Feedback is considered a type of user content. By agreeing to this, FINCRM doesn’t promise or agree to use all or any particular feedback for any promotional or other purposes, feedback shall be used on our sole discretion.
You grant FINCRM a non-exclusive, transferable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the agreements plus twenty (20) years), irrevocable, worldwide permission to use, reproduce, make available to the public (e.g. Perform or display), publish and translate any of your user content in connection with the service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the user content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any user content, including feedback, and your right to object to derogatory treatment of such user content.
9.1 Service Guidelines
FINCRM respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the service, to make sure FINCRM stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
9.1.1 Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the FINCRM service, or otherwise making any use of the FINCRM service which is not expressly permitted under the agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the FINCRM service or any part of it;
9.1.2 Using the FINCRM service to import or copy any local files that you do not originally have the legal right to import or copy in this way;
9.1.3 Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the FINCRM service, or any part thereof except to the extent permitted by applicable law [if applicable law allows you to decompile any part of the FINCRM service where required in order to obtain the information necessary to create an independent program that can be operated with the FINCRM service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without FINCRMs’ prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the FINCRM service];
9.1.4 Circumventing any technology used by FINCRM, its licensors, or any third party to protect the service;
9.1.5 Selling, renting, sublicensing or leasing of any part of the FINCRM service;
9.1.6 Circumventing any territorial restrictions applied by FINCRM or it licensors;
9.1.7 Artificially increasing play counts, follow counts or otherwise manipulating the service by (i) using any bot, script or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
9.1.8 Removing or altering any copyright, trademark, or other intellectual property notices contained on the service or provided through the service);
9.1.9 Circumventing or blocking advertisements in the FINCRM service, or creating or distributing tools designed to block advertisements in the FINCRM service;
9.1.10 Providing your password to any other person or using any other person’s username and password;
9.1.11 “crawling” the FINCRM service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from FINCRM or the FINCRM service; or
9.1.12 Selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account.
Please respect FINCRM, the owners of the user content, and other users of the FINCRM service. Don’t engage in any activity, post any user content, or register and/or use a username, which is or includes material that:
9.1.15 Is offensive, abusive, defamatory, pornographic, threatening, or obscene;
9.1.16 Is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of FINCRM or a third party;
9.1.17 Includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
9.1.18 Includes malicious content such as malware, trojan horses, or viruses, or otherwise interferes with any user’s access to the service;
9.1.19 Is intended to or does harass or bully other users;
9.1.20 Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
9.1.21 Involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
9.1.22 Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by FINCRM;
9.1.23 Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by FINCRM;
9.1.24 Interferes with or in any way disrupts the FINCRM service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the service or FINCRMs’ computer systems, network, usage rules, or any of FINCRMs’ security components, authentication measures or any other protection measures applicable to the service, the content or any part thereof; or
9.1.25 Conflicts with the agreements, as determined by FINCRM.
You acknowledge and agree that posting any user content that violates these user guidelines (or that FINCRM reasonably believes violates these user guidelines) may result in immediate termination or suspension of your FINCRM account. You also agree that FINCRM may reclaim your username where it is reasonable for us to do so, including if you have violated the agreements.
Please be thoughtful about how you use the FINCRM service and what you share on the public forum in relation to FINCRM. Remember that shared or publicly available information may be used and re-shared by other users on FINCRM or across the web, so please use FINCRM carefully. Usage of your publicly shared content doesn’t hold FINCRM responsible in any manner, in case it is used by any FINCRM user or anyone across the web.
FINCRM has no responsibility for your choices to post material on the service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately to lock your account and restore your credentials, after following a SOP, or change your password as soon as possible. FINCRM shall not be responsible in any manner in such case.
9.2 Content guidelines
The content is the property of FINCRM TECHNOLOGIES PRIVATE LIMITED. The content is not sold or transferred to you, and FINCRM TECHNOLOGIES PRIVATE LIMITED retain ownership of all copies of the content even after usage on your personal computers, mobile handsets, tablets and/or other devices (“devices”).
Except for the permission to access the FINCRM service for personal and non-commercial purpose as mentioned in the agreement, FINCRM grants no right, title, or interest to you in the content.
The following is not permitted for any reason whatsoever:
9.2.1 Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the content, or otherwise making any use of the content which is not expressly permitted under the agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the content or any part of it;
9.2.2 Transferring copies of cached content from an authorized device to any other device via any means;
9.2.3 Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the content or any part thereof except to the extent permitted by applicable law. [if applicable law allows you to decompile any part of the content where required in order to obtain the information necessary to create an independent program that can be operated with the FINCRM service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without FINCRMs’ prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the content];
9.2.4 Circumventing any technology used by FINCRM, its licensors, or any third party to protect the content;
9.2.5 Selling, renting, sublicensing or leasing the content;
9.2.6 Removing or altering any copyright, trademark, or other intellectual property notices contained on the content (including for the purpose of disguising or changing any indications of the ownership or source of any content);
9.2.7 Artificially promoting content by automated means or otherwise; and
9.2.8 Tampering with, breaching, or attempting to probe, scan, or test for vulnerabilities in the security components, authentication measures or any other protection measures applicable to the content or any part thereof.
10. Copyright and User Content Infringement
FINCRM respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, see FINCRMs’ copyright policy. If FINCRM is notified by a copyright holder, using the forms provided by FINCRM, that any content infringes a copyright, FINCRM may in its sole discretion remove such content from, or take other steps that FINCRM deems appropriate, without prior notification to the user or other party who supplied or posted that content. If such user or other party believes that the content is not infringing, he or she may in certain circumstances submit a counter-notification to FINCRM with a request to restore the removed content, which FINCRM may or may not honour, in FINCRMs’ sole discretion.
If you believe that any content does not comply with the user guidelines, please write to our Customer Support.
11. Technical up-gradations and modifications
FINCRM will make reasonable efforts to keep the FINCRM service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in technological, relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. FINCRM reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the FINCRM service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the FINCRM service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to FINCRM, or to implement technological advancements or ensure the operability or the security of the service, legal and regulatory reasons.
You understand, agree, and accept that FINCRM will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service. FINCRM and/or the owners of any content may, from time to time, remove any such content from the FINCRM service without notice. This section will be enforced to the extent permissible by applicable law.
12. Representative accounts
If you establish a FINCRM account on behalf of a company, organization, entity, or brand (a “brand,” and such account a “brand account”), the terms “you” and “your,” as used throughout the agreements, apply to both you and the entity. If you create a representative account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the agreements and to bind the brand to the agreements.
13. FINCRM support community
The FINCRM support community is a place for discussions and exchange of information, tips, and other materials related to the FINCRM service. By using the FINCRM support community you agree to the Content Guidelines, Service Guidelines and User Content policy. Any content or post on the FINCRM support community, may or may not be the property of FINCRM, as anything posted on the same is available to the public.
14. Customer service
For customer support with account-related and payment-related questions (“customer support queries”), please submit a ticket to our customer service department on the Contact section of our website. We will use reasonable endeavours to respond to all customer support queries within a reasonable time frame but we make no promises that any customer support queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
15. Export control
FINCRMs’ products may be subject to export and re-export control laws and regulations prevalent in India. You warrant that you are (1) not located in any country to which India has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from FINCRM under the agreements to any destination, entity, or person prohibited by any applicable laws or regulations of India or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
16. Term and termination
The agreements will continue to apply to you until terminated by either you or FINCRM. However, you acknowledge and agree that the perpetual license granted by you in relation to user content, including feedback, is irrevocable and will therefore continue after expiry or termination of any of the agreements for any reason. FINCRM may terminate the agreements or suspend your access to the FINCRM service at any time, including in the event of your actual or suspected unauthorised use of the FINCRM service, non-compliance with the agreements, or if we withdraw the services (in which case we shall provide you reasonable notice in advance of doing so). If you or FINCRM terminate the agreements, or if FINCRM suspends your access to the FINCRM service, you agree that FINCRM shall have no liability or responsibility to you, and FINCRM will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the agreements at any time. To learn how to terminate your FINCRM account, please contact us through the customer service contact form which is available on our Contact page. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the agreements that, either explicitly or by their nature, must remain in effect even after termination of the agreements, shall survive termination.
17. Warranty disclaimer
You understand and agree that FINCRM is not responsible or liable for any transaction between you and third party providers of the foregoing. No advice or information whether oral or in writing obtained by you from FINCRM shall create any warranty on behalf of FINCRM.
Without limiting the foregoing, nothing in this section shall have the effect of limiting FINCRMs’ liability in the event of total or partial non-performance or inadequate performance of its essential obligations for providing service under the Agreement. This section applies to the fullest extent permitted by applicable law.
This section does not affect your statutory rights as a consumer.
You agree and accept that your sole and exclusive remedy for any dissatisfaction with the FINCRM service is to stop using the FINCRM service, in case any technical or other queries are ineligible to be resolved by FINCRM. You agree that FINCRM has no obligation or liability arising from or related to third party applications or the content thereof made available through or in connection with the FINCRM service, and while your relationship with such third party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to FINCRM, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
In no event will FINCRM, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:
(1) Any loss or damage (including any indirect, special, incidental, punitive or exemplary, damages) which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might;
(a) loss of use;
(b) loss of data;
(c) loss of business;
(d) loss of profits; or
(e) damage to devices,
If such damage is caused by your failure to correctly comply with the usage instructions made available solely by FINCRM or have facilitated with the minimum system requirements advised by us. FINCRM shall not be responsible for the usage instructions or any update and information publicly shared by the users as User generated content.
(3) Non-performance or inadequate performance or delay to the obligations deriving from the agreements caused by force majeure or any cause which is not reasonably foreseeable or beyond FINCRMs’ reasonable control.
Nothing in the agreements removes or limits FINCRMs’ liability for fraud, fraudulent misrepresentation.
This section applies to the fullest extent permitted by applicable law. You may have rights under applicable law in your jurisdiction which provides for remedies in addition to those set out above.
19. Third party rights
Other than as set out in this section, the agreements are not intended to grant rights to anyone except you and FINCRM, and in no event shall the agreements create any third party beneficiary rights.
20. Authoritative agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and FINCRM, the agreements constitute all the terms and conditions agreed upon between you and FINCRM and supersede any prior agreements in relation to the subject matter of these agreements, whether written or oral.
Please note, however, that certain aspects of your access of the FINCRM service may be governed by additional agreements. That could include, for example, access to the FINCRM service as a result of a promotional offer, or together with other services, or subscription via our Selling partners. When you are presented with an offer for such aspects of your access, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Those additional terms would be listed on our website. To the extent that there is any irreconcilable conflict between any additional terms and these terms, the additional terms shall prevail.
21. Severability, waiver and interpretation
Unless as otherwise stated in the agreements, should any provision of the agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by FINCRM or any third party beneficiary to enforce the agreements or any provision thereof shall not waive FINCRM or the applicable third party beneficiary’s right to do so.
As used in these terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
22. Assignment and Delegation
FINCRM may assign the agreements, and any of its rights under the agreements, in whole or in part, and FINCRM may delegate any of its obligations under the agreements. However, you are not authorised or legally capable to assign the agreements, in whole or in part, nor transfer or sub-license your rights under the agreements, to any third party, with or without notice to FINCRM.
You agree to indemnify and hold FINCRM harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the agreements or any one of them; (2) any user content you post or otherwise contribute; (3) any activity in which you engage on or through the FINCRM service; and (4) your violation of any law or the rights of a third party.
24.Jurisdiction and Arbitration
24.1 Prevailing jurisdiction
Unless specifically required by a mandatory law of a member state of the European Union or any other jurisdiction, the agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws prevailing in India, without regard to choice or conflicts of law principles.
Further, you and FINCRM agree to the jurisdiction of the courts in India to resolve any dispute, claim, or controversy that arises in connection with the Agreement.
24.2 Waiver of class action suit
Where permitted under the applicable law, you and FINCRM agree that each may bring claims against each other only in individual capacity and not as a plaintiff or class member in any class or representative action. Unless both you and FINCRM agree, no arbitrator or judge may consolidate claims made by more than one claimant or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section 24.3. Is enforceable, the following mandatory arbitration provisions apply to you:
24.3.1 Dispute resolution and arbitration
You and FINCRM agree that any dispute, claim, or controversy between you and FINCRM arising in connection with or relating in any way to these agreements or to your relationship with FINCRM as a user of the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the agreements.
Notwithstanding clause 24.3.1 above, you and FINCRM both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
24.3.3 Arbitration rules
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European union or any other jurisdiction, the law to be applied in any arbitration shall be the law of India, without regard to choice or conflicts of law and place of jurisdiction.
24.3.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within three (3) months after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
24.3.5 Notice; process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by mail or Post or courier services (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("notice"). FINCRMs’ address for notice is: [Office no 1, Mayfair Towers- Tower no 2, Wakadewadi, Pune 411005]. The notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("demand"). In case, if any of these 2 points are missing in the notice sent by any mode, physically or electronically, the notice shall be deemed to be invalid and FINCRM shall not be held responsible for any claim.
We agree to put efforts in good faith to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the notice is received, you or FINCRM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FINCRM shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favour, FINCRM shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by FINCRM in settlement of the dispute prior to the arbitrator’s award; whichever is lower. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know or as required by applicable law.
Except as required to enforce the arbitrator’s decision and award, neither you nor FINCRM shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that FINCRM makes any future change to this arbitration provision (other than a change to FINCRMs’ address for notice), you may reject any such change by sending us written notice within 30 days of the change to FINCRMs’ address for notice, in which case your account with FINCRM shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at section 24.2 is found to be unenforceable in arbitration or if any part of this section 24.3 is found to be invalid or unenforceable, then the entirety of this section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in section 24.1 shall govern any action arising out of or related to the agreements.
25. Contact us
If you have any questions concerning the FINCRM service or the agreements, please contact FINCRM customer service by visiting the Contact section of our website.
Thank you for reading our terms. We hope you enjoy FINCRM!