Terms & Conditions

Our Terms and Conditions of Usage

Last updated December 24, 2023

This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (amended from time to time) read with Information Technology Act, 2000 (amended from time to time) and does not require any physical or digital signatures.

 

 AGREEMENT TO OUR LEGAL TERMS

We are Ragilly Technologies Pvt Ltd, doing business as Finigenie (‘Company‘, ‘we‘, ‘us‘, or ‘our‘), a company incorporated under the provisions of the Companies Act, 1956 and has its registered office at 54, Manickpur Thakurpara, North 24 Parganas, West Bengal 700079. India.

We operate the website https://finigenie.com (the ‘Site‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

You can contact us by email at sales@finigenie.com or by mail to 54, Manickpur Thakurpara, North 24 Parganas, West Bengal 700079, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and Ragilly Technologies Pvt Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

 

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PAYMENTS
  6. CARD ASSOCIATION RULES
  7. PROHIBITED ACTIVITIES
  8. LOAN SERVICES AGGREGATION
  9. FINANCIAL TRANSACTION MANAGEMENT
  10. CONTRIBUTION LICENCE
  11. THIRD-PARTY WEBSITES AND CONTENT
  12. SERVICES MANAGEMENT
  13. PRIVACY POLICY
  14. TERM AND TERMINATION
  15. MODIFICATIONS AND INTERRUPTIONS
  16. GOVERNING LAW
  17. DISPUTE RESOLUTION
  18. CORRECTIONS
  19. DISCLAIMER
  20. LIMITATIONS OF LIABILITY
  21. INDEMNIFICATION
  22. USER DATA
  23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  24. MISCELLANEOUS
  25. CONTACT US

 

 

1. OUR SERVICES

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and around the world.

 

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.

 

Your use of our Services

 

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES‘ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: sales@finigenie.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

 

Your submissions

 

Please review this section and the ‘PROHIBITED ACTIVITIES‘ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission is original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that:

 

  1. User Registration and Responsibility:
  • Only individuals 18 or older and capable of entering binding contracts under applicable laws may register.
  • Users must keep their passwords and account information confidential.
  • Users are responsible for all activities under their account, even if access is gained by others using their login credentials without permission.
  1. Accuracy of Information:
  • Users must provide true, accurate, current, and complete personal information.
  • If the provided information is false or incomplete, or becomes so, FiniGenie may suspend or terminate the user’s account and service access.
  1. Consent to Contact and Marketing:
  • By using FiniGenie, users consent to receive information about products and services through various channels like email, phone, SMS, etc.
  • FiniGenie and its partners may contact users for marketing and follow-up purposes related to the services offered.
  1. Sharing User Information:
  • Users authorize FiniGenie to share their information with partner banks, financial institutions, and third parties as needed for services and marketing communications.
  1. KYC Compliance and Due Diligence:
  • Users must comply with Know Your Customer (KYC) requirements and cooperate with FiniGenie’s due diligence efforts.
  • Users are responsible for understanding and complying with all relevant laws related to their business and FiniGenie’s services.
  1. Provision of KYC Documents:
  • Users must provide necessary KYC documents before receiving any services.
  • FiniGenie has the right to share these documents with authorities as required by law.
  1. Additional KYC and Document Requests:
  • FiniGenie may request additional KYC documents or information about the user’s customers to comply with legal requirements.
  1. User Responsibilities for Their Products and Services:
  • Users are solely responsible for the delivery, customer service, and all other aspects of their products and services.
  1. Consent for Personal Information Use:
  • Users consent to provide personal information necessary for service provision and KYC compliance.
  • FiniGenie commits to adhering to data protection and privacy laws.
  1. Legal Compliance and Website Use Restrictions:
  • Users must not use the website for illegal purposes and must comply with Indian laws.
  • Prohibited actions include posting harmful, unlawful, or infringing content.
  1. User Representations and Warranties:
  • Users warrant that they are legally capable and authorized to engage in these terms and their business activities.
  • Users agree not to engage in activities involving virtual currencies or other prohibited investments.
  1. User Covenants:
  • Users must ensure their use of services aligns with legal requirements and FiniGenie’s guidelines.
  • Users consent to share customer information with FiniGenie and relevant authorities when required by law.
  1. FiniGenie’s Role and Limitations:
  • FiniGenie is responsible for its direct actions but relies on third-party providers for complex services.
  • Users must facilitate integration with FiniGenie’s platform for service provision.
  1. Audit and Compliance Cooperation:
  • Users must assist in audits and provide necessary documents to FiniGenie and authorities upon request.
  • Users are required to retain transaction records for a specified period.
  1. User Restrictions and Indemnity:
  • Users cannot falsely represent themselves as agents of FiniGenie.
  • Users may charge convenience fees for their services but are responsible for any related liabilities.

 

 

 

4. USER REGISTRATION

 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. PAYMENTS 

  1. Service Fees and Adjustments:
  • FiniGenie charges fees for its services, with rates and frequency subject to change at FiniGenie’s discretion.
  • Fees are exclusive of taxes, which FiniGenie will also charge as applicable.
  1. Tax Responsibilities:
  • Any changes in tax rates during the term will be the user’s responsibility.
  • Users must handle tax-related variations according to the prevailing laws.
  • Invoicing and Dispute Resolution:
  • FiniGenie issues monthly invoices for services, accessible via the user dashboard.
  • Users must raise any invoice disputes within 10 days of the invoice date.
  1. Transaction Reconciliation:
  • Users are responsible for daily reconciliation of transactions.
  • Discrepancies must be reported within 3 working days; issues raised later may not be resolved by FiniGenie.
  1. GST Compliance:
  • Users must update their GST registration number and submit the GST certificate as part of KYC before invoicing.
  • FiniGenie issues GST tax invoices based on user-provided information and files GST returns accordingly.
  • Users are responsible for accurate GST information; liabilities due to incorrect information will be recovered from the user by FiniGenie.

 

 

6. CARD ASSOCIATION RULES

Adherence to Card Payment Network Rules:

  • Users must comply with the rules and regulations set by card payment networks (Visa, MasterCard, etc.).
  • These networks provide the infrastructure for transaction authorisation and have specific guidelines for users.

Changes to Network Rules:

  • Card payment networks can modify their rules; any changes may require corresponding updates to these Terms.
  • Amendments to the Terms due to changes in network rules are immediately binding on the user.

User Compliance Responsibility:

  • Users are responsible for complying with all programs, guidelines, and requirements of card payment networks.
  • Even with FiniGenie’s assistance, users bear the risk of complying with these network rules.

Consequences of Non-Compliance:

  • If a user’s non-compliance with network rules results in fines or penalties to FiniGenie, the user must reimburse these costs.
  • Failure to comply with network rules may lead to suspension or termination of FiniGenie’s services.

 

 

7. PROHIBITED ACTIVITIES

 

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to use it for:

  • Adult Content and Services: Includes pornography, sexually suggestive materials, and services like escorting or access to illegal websites.
  • Alcohol: All types of alcoholic beverages.
  • Body Parts: Trading of organs and body parts.
  • Bulk Marketing Tools: Tools for sending unsolicited emails (spam).
  • Cable and Satellite Descramblers: Devices for unauthorized access to signals.
  • Child Pornography: Any material involving minors.
  • Copyright Infringement Tools: Devices designed to bypass copyright protections.
  • Unauthorized Media Copies: Illegal copies of books, music, movies, etc.
  • Pirated Software: Unauthorized copies of software and games.
  • Counterfeit Goods: Fake designer items, unauthorized celebrity merchandise, etc.
  • Illegal Drugs and Paraphernalia: Includes herbal drugs not approved by law.
  • Drug Test Circumvention: Products that interfere with drug testing.
  • Endangered Species: Trading of threatened plants, animals, and derivatives.
  • Gambling: Lottery tickets, sports betting, online gambling memberships.
  • Fake IDs and Documents: Unlawful government IDs, diplomas, etc.
  • Hacking Materials: Guides and tools for illegal software or server access.
  • Illegal Goods: Items promoting or enabling illegal activities.
  • Unproven Health Cures: Marketed as miracle cures without evidence.
  • Offensive Materials: Promoting hate, violence, or racial intolerance.
  • Crime-Related Items: Crime scene photos, criminal-associated items.
  • Hazardous Materials: Explosives, toxic substances, flammable items.
  • Regulated Goods: Items like airbags, pesticides, government uniforms, and surveillance equipment that are subject to specific regulations.
  • Financial Securities: Unauthorized sale of bonds or financial products.
  • Tobacco Products: Includes cigarettes, cigars, and related items.
  • Traffic Tampering Devices: Radar jammers, license plate covers.
  • Weapons: Firearms, ammunition, knives, and other armaments.
  • Currency Trading: Wholesale currency exchange or trading.
  • Live Animals or Animal Products: Trading of live animals or their parts.
  • Multi-Level Marketing Fees: Collection fees for pyramid schemes.
  • Matrix Scheme Sites: Websites promoting matrix schemes.
  • Legally Non-Compliant Products: Any items or services violating laws.
  • Image-Damaging Services: Services leading to chargebacks and fraud.
  • Ambiguous Legal Services: Services in legally grey areas.
  • Legally Banned Businesses: Outright illegal activities like betting and certain types of content.
  • Intangible Goods and Pyramid Schemes: Digital products involved in get-rich-quick schemes.
  • Mailing Lists: Selling or distributing email lists.
  • Cryptocurrencies: Virtual currencies, NFTs, and similar products.
  • Money Laundering Services: Any service facilitating money laundering.
  • Database Providers for Telemarketing: Selling call lists for unsolicited calls.
  • Bidding/Auction Houses: Without proper licensing or regulation.
  • Telecom Regulatory Authority of India Violations: Services against TRAI rules.
  • Other Illegal Activities: Any service not compliant with applicable laws.
  • Chit Funds/Nidhi Companies: Except government or PSU entities.
  • Unlicensed Money Services: Businesses operating without necessary licenses in regulated jurisdictions.

8. LOAN SERVICES AGGREGATION

  • Role as Aggregator: FiniGenie acts solely as a facilitator, connecting borrowers with partner banks and Non-Banking Financial Companies (NBFCs) for business loans.
  • Limitation of Liability: FiniGenie is not liable for any aspects of the loan agreements, including but not limited to loan repayment, pre-closure, and interest rates.
  • Responsibility for Disputes: Any disputes related to the loans must be addressed and settled directly with the lending partner.
  • Borrower’s Due Diligence: Borrowers are responsible for thoroughly reviewing and understanding the terms and conditions of the loan agreement with the lending partner.
  • Communication with Lenders: In case of discrepancies, issues, or questions regarding the loan, borrowers should directly contact the concerned lending partner.
  • No Financial Advisory Role: FiniGenie’s role does not include providing financial advice regarding the loans facilitated.
  • Compliance with Applicable Laws: All loan agreements facilitated by FiniGenie through its partners will adhere to the relevant laws and regulations.
  • Acknowledgement of Terms: By utilizing FiniGenie’s loan facilitation services, borrowers acknowledge and agree to the terms outlined in this clause.

 

9. FINANCIAL TRANSACTION MANAGEMENT

Chargebacks

  • Chargeback Notification: Users will be notified of chargebacks by the Facility Provider.
  • User Liability for Chargebacks: Users bear responsibility for chargebacks, including the decision to use non-3D secure services.
  • Chargeback Processing: Finigenie may deduct the chargeback amount from transactions, and users can submit evidence to dispute chargebacks.
  • Insufficient Funds for Chargebacks: If user funds are inadequate to cover a chargeback, Finigenie can issue a debit note to the user for reimbursement.
  • Withholding Funds for Chargebacks: Upon termination of services, Finigenie may withhold funds for potential chargebacks, releasing any unutilized funds after a specified period.
  • EMI Product Chargebacks: Specific rules apply for chargebacks on EMI products, including response requirements and potential recovery from settlements for cancelled loans.

 

Refunds

  • Discretionary Refunds: Users have the discretion to issue refunds, subject to fund availability in the Escrow Account.
  • Initiation of Refunds: Refunds are processed by Finigenie only when initiated by the user on the website.
  • Refund Method Consistency: Refunds are made using the same payment method as the original transaction.
  • Applicability of Finigenie Fees: Fees are applicable on all transactions, including refunded ones.
  • Auto-Refund for Unprocessed Payments: Finigenie may automatically refund payments if they are authorized but not captured within five days.

Fraudulent Transactions

  • Suspension of Settlements: Finigenie may suspend settlements in case of reported unauthorized transactions.
  • Resolution of Disputes: Disputes over fraudulent transactions are resolved according to RBI guidelines.
  • Chargeback in Fraud Cases: If a fraudulent transaction results in a chargeback, it is resolved as per the terms.
  • Liability of Finigenie: Finigenie is not liable for losses due to fraudulent transactions.
  • User Liability for Fraud Threshold Breach: Users are liable if fraud amount thresholds are breached, as per NPCI guidelines. The decision of NPCI or the acquiring bank is final.

 

 

10. CONTRIBUTION LICENCE

 

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

11. THIRD-PARTY WEBSITES AND CONTENT

 

The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

12. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

 

13. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: https://finigenie.com/privacy-policy-2/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

 

 

14. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

15. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

16. GOVERNING LAW

 

These Legal Terms shall be governed by and defined following the laws of India. Ragilly Technologies Pvt Ltd and you irrevocably consent that the courts of West Bengal shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

 

17. DISPUTE RESOLUTION

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

 

Binding Arbitration

 

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of West Bengal, India, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be North 24 Parganas, India. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of India.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

18. CORRECTIONS

 

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

19. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

The following applies to the financial services offered by FiniGenie, including Corporate Cards, Vendor Payment Systems, POS Devices, Payment Gateway, and Cashbacks.

  • Corporate Cards: Issued exclusively to legally registered businesses holding a valid GST number.
  • Vendor Payment System: Restricted to GST-registered businesses, with payments only to similarly registered businesses. Cross-directorship between sender and receiver is prohibited.
  • POS Devices: Allocated to GST-registered businesses, requiring a minimum average sales threshold of 2 Lakhs per month over the past six months.
  • Payment Gateway: Accessible to registered businesses compliant with RBI’s regulatory guidelines, explicitly excluding entities in sectors like gaming, gambling, and arms dealing as mentioned in PROHIBITED ACTIVITIES.
  • Cashbacks: Not guaranteed on every transaction. Applicability and distribution of cashback are subject to FiniGenie’s specific transactional rules.

 

 

20. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

21. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

22. USER DATA

 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

24. MISCELLANEOUS

 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

 

25. CONTACT US

 

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

 

Ragilly Technologies Pvt Ltd

54, Manickpur Thakurpara

North 24 Parganas, West Bengal 700079

India

sales@finigenie.com