Terms & Conditions

Last Modified: October 23, 2024

  • Eligibility
  • Registration
  • License
  • Usage Restrictions
  • Remedies With The Company
  • Proprietary Rights
  • Copyright Complaint
  • Confidential Information
  • User Account
  • Communication
  • Modifications
  • Term And Termination
  • Third Party Content
  • Disputes
  • Disclaimer And Limitation Of
    Liability
  • Contact Us
  • General

Terms of Use (“Terms”)

This Term of Use (“Terms”) applies to the website, www.flexip2p.com or www.fincsquare.com (“Website(s)”) and mobile application, “Flexi P2P Moblie App” (“App”), both owned and operated by ‘FincSquare fintech Private Limited’ (“Company”), facilitating online credit lending and borrowing services among those interested (“User(s)”) with a web based intelligence platform (“Services”). Any other services offered by the Company or other features, content, or applications offered from time to time by the Company through the Website or App are governed by the following Terms and other policies listed on the Website including but not limited to the Privacy Policy.

Users agree to be bound by these Terms, regardless if they use the Services with or without being registered with the Company. The Company reserves the right to modify these Terms from time to time without prior notice, and each such modification shall be effective upon posting on the Website. Continued use of the Services following any such modification constitutes User’s acceptance to be bound by these Terms as so modified. Notwithstanding anything to the contrary in these Terms, the Company reserves the right to accept or reject a User from registering on the Website or App, without assigning any reason thereof.

Eligibility

The use of Services and registration on the Website or App is not permitted where it is prohibited by law. By using the Services, the User represents and warrants the following:

  • The User has right, authority, and capacity to enter into these Terms;
  • All information submitted by the User is truthful and accurate;
  • The User is neither a competitor of the Company nor is using the Services for reasons that are in competition with the Company;
  • The User is entitled to submit the information to the Company and such information is not confidential, and not in violation of any contractual restrictions or other third party rights;
  • The User understands and accepts that the accuracy and completeness of the information they provide determines the value and usefulness of the results;
  • The User accepts and consents for the submission and verification of his/ her personal and/ or financial documents by the Company for registration process;
  • The User shall not utilize the Services if he/she is under 18 years of age or does not have the requisite mental and legal capacity to enter into this Agreement as per the laws of the jurisdiction where the User is situated; and
  • The use of the Services by User does not violate any applicable laws.

Registration

As a condition to register with the Company to use the Services, the User agrees that:

  • This Agreement is binding and enforceable against him/her;
  • To the extent that the User is an individual accepting this Agreement on behalf of his/ her proprietorship firm, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;
  • User will keep his/her contact information accurate and up-to-date;
  • User will not provide any false personal information to Company, or create an account for anyone other than himself/herself without permission;
  • If Company disables User’s account, User will not create another one without Company’s permission; and
  • User will not share his/her permanent and temporary log-in credentials or do anything else that might jeopardize the security of his/her account and other’s account.

License

The Company grants the User a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on his/her/its personal device as made available through the Website/App. The Company may, from time to time, update or modify the App and Website, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the App or Website through the respective login credentials authenticated for a particular User.

Usage Restrictions

Users are prohibited from violating or attempting to violate the security of the Website/ App, including, without limitation the following activities:

  • Accessing data not intended for such User or attempting to break into restricted content or logging into a server or account of other User;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with the Service to any User, host or network, including, without limitation, via means of submitting a virus to the Website/ App, overloading, “flooding”, “spamming”, “mailbombing”, “hacking” or “crashing”; or
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Further, the Users shall not:

  • Remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company;
  • Decompile, reverse engineer or disassemble the App or Website except as may be permitted by applicable law;
  • Link to, mirror or frame any portion of the Services;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  • Attempt to gain unauthorized access to or impair any aspect of the App or its related systems or networks or Services; or
  • Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to App or Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc.
  • Reformat or frame any portion of the pages that are part of the App or Website;
  • Create User accounts under fraudulent pretenses;
  • Submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Company;
  • Copy or distribute any part of Website/ App in any medium;
  • Edit, alter or modify any part of Website/ App other than as expressly authorized purpose;
  • Circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of Website/ App, the proper operation of Website/ App, the features that prevent or restrict use or copying of any content or enforce limitations on use of Website/ App therein, or interfere with any activity being conducted on Website/ App;
  • User will not harvest or otherwise collect information about other Users, including email addresses, without their consent’;
  • Use the Services to transmit, distribute, post, or submit any unauthorized information (“Posted Information”) that is libelous, defamatory, obscene or in violation of these Terms of Use and Privacy Policy of the App/ Website;
  • Post the User Content in any other web pages of the Website/ App except on the relevant space that relates to the city in which you are located; and
  • Post publicly his/her personal and sensitive information including without limitation phone number, address, email address, financial information etc. (“Personally Identifiable Information”) on the App/ Website enabling other Users to view, access and transmit such content. The Company reserves the right to remove such publicly available Personally Identifiable Information of any User immediately upon scrutiny, in order to comply with the Privacy Laws and other Applicable Laws.

Remedies With The Company

User understands and agrees that the Company may review the use of the Services by the User and review any content posted on the App or Website and in case the Company finds, in its sole discretion, that the User violates any of these Terms especially Clause 4, then Company reserves the right to take actions to prevent/control such violation, including without limitation, terminating the membership of such Users and/or blocking their use of the Services or removing the offending communication or content from the App or Website, as the case may be.

The Company shall also be entitled to investigate occurrences, which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

The User acknowledges that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services. The User also acknowledges that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.

Proprietary Rights

User acknowledges and agrees that the Company or Company’s licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the App and/or Website, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.

Unless agreed otherwise in writing with the Company, nothing in the Terms gives the User or any third party a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from the User under these Terms in or to any content that the User submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Company agrees to otherwise in writing, User agrees that he/she is responsible for protecting and enforcing those rights and that Company has no obligation to do so on User’s behalf.

User agrees that he/she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.

User agrees that in using the Services, he/she will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Copyright Complaint

If a copyright/ intellectual property owner or an agent thereof believes that any User content or other content on the App or Website infringes upon their copyrights or other intellectual property, kindly contact the company at contact@flexip2p.in.

Confidential Information

User may be given access to certain non-public information, software and specifications of the App (“Company’s Confidential Information”), which is confidential and proprietary to the Company. User may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.

User agrees that he/she will not disclose Company’s Confidential Information without Company’s prior written consent.

User agrees that he/she will protect Company’s Confidential Information from unauthorized use, access, or disclosure in the same manner that User would protect User’s own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

Company’s Confidential Information includes, without limitation:

  • all software, technology, programming, specifications, materials, guidelines and documentation relating to the App and/or Website;
  • Company’s Application Program Interface (“API”) Data; and
  • any other information designated in writing by the Company as “Confidential” or an equivalent designation.

Company’s Confidential Information does not include information that:

  • has become publicly known through no breach by User;
  • has been independently developed without access to Company’s Confidential Information, as evidenced in writing;
  • has been rightfully received by User from a third party who has the lawful right to disclose such information; or
  • is required to be disclosed by law or by a governmental authority.

User also agrees to protect all the personal and other information of the other Users which are confidential and proprietary to the particular User in the same manner as it is protected as his/her/its own confidential and proprietary information.

User Account

Company acknowledges that it employs industry standard security protocol to ensure that the information, which User stores in, transmit or transfer through the App and/or Website, is protected. The App and/or Website are hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL.

The User shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under his/her username. The User agrees to: (a) notify the Company immediately of any unauthorized use of his/her username and passwords or any other breach of security; and (b) ensure that the User has logged off from your account at the end of each session.

The Company will not be liable for any loss or damage arising from the User’s failure to comply with this clause.

Communication

User agrees and understands that all communication between the Company and User shall be through electronic medium, such as emails or notices placed on the Website. User consents to receive communications via electronic medium from the Company periodically and as and when required.

Modifications

The Company may, at any time, modify these Terms to reflect changes to the law or any change in its Services. The Company may post notice of modifications to these Terms on the Website and such changes will become effective from the date they are posted on the Website. If User does not agree to the modified Terms, he/she should discontinue their use of the Services through the Website or App. Amendment to or modification of these Terms will be considered accepted and binding upon the User if the User continues to use the Services even after such changes to these Terms.

Term And Termination

These Terms shall remain in full force and effect for the duration of the availed Service or unless and until User’s account is terminated as provided herein. User may terminate his/her account as per the instructions provided in the Website or App and end their use of the Services at any time. Upon such termination for any reason, User shall cease to have access to the App and to the use of any Company’s specifications.

Any licenses contained in this Agreement will terminate automatically without notice if User fails to comply with any provision of this Agreement.

The Company further reserves the right to terminate this Agreement or discontinue the Services provided through the App or Website or any portion or feature thereof for any or no reason and at any time without liability to the User.

User shall delete all copies of the App, Company’s specifications and Company’s Confidential Information, other Users’ personal and confidential information and shall further cease and desist from distributing or developing the App and/or Website, specifications and information.

The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.

Sections 5, 8, and 14 through 17 of this Agreement shall survive following any termination of this Agreement.

Third Party Content

The Company may contain features and functionalities that promote and allow access to third party content, including websites, information, products or services. If User has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, Company shall not be responsible for the same.

Additionally, the Company or third parties may provide hyperlinks, or any other form of link or redirection of User’s connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the Website or App and the inclusion of any link on Website or any network does not imply the Company’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.

Disputes

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. In case of a dispute between the Parties which cannot be amicably resolved through negotiations within thirty (30) days from the first date that a Party notifies the other of such dispute arising out of or in connection with this Agreement, the dispute shall be submitted, by either Party, to binding arbitration. The arbitration shall be conducted by a sole arbitrator, mutually appointed by the Parties or by the competent court. The seat of arbitration shall be Hyderabad, India, and shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, the Parties may apply to the courts of competent jurisdiction in Hyderabad, State of Telangana, for preliminary or interim equitable relief, without breach of this arbitration provision.

If anyone brings a claim against the Company related to User’s actions, content or information on the App/ Website, User will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold the User or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by the User. Although the Company provides rules for User conduct, the Company does not control or direct Users’ actions on the App/ Website and is not responsible for the content or information Users transmit or share on or use in the App/ Website. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the App. The Company is not responsible for the conduct, whether online or offline, of any User.

Disclaimer And Limitation Of Liability

THE COMPANY TRIES TO KEEP THE APP/ WEBSITE, BUG-FREE, AND SAFE, BUT THE USER AGREES TO USE IT AT HIS/HER OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT GUARANTEE THAT THE APP/ WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER MAY OBTAIN FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET HIS/HER EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USER RELEASES THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS AGAINST ANY SUCH THIRD PARTIES.

THE COMPANY WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR WEBSITE.

IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE APP/ WEBSITE, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE APP IN THE LAST YEAR

Contact Us

If there are any questions regarding these Terms of the Services, the User may contact us at contact@flexip2p.in or 040.35662052.

General

These Terms along with the Privacy Policy make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.

  • If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
  • The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
  • Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
  • User will not transfer any of User’s rights or obligations under these Terms to anyone else without the Company’s consent.
  • All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in these Terms shall prevent the Company from complying with the applicable laws.
  • These Terms do not confer any third party beneficiary rights.
  • User should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information User submits to the Company.
  • The Company reserves all rights not expressly granted to User.
  • If under any law, User is entitled or obligated to act contrary to these terms, User consents to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before User acts in such manner.