The Website www.finnovationz.com and its sub-domains (hereinafter referred to as the “Website”, “Site” or “Platform”) are owned, managed and governed by Ikashi Fintech Private Limited (hereinafter referred to as “We”, ”Us”, ”Company”, “Ikashi” or “FinnovationZ”), except for sub-domains wherein it is expressly stated that the said sub-domain(s) is owned and / or maintained, operated by any other entity whether company’s group company or not. Wherever the terms “You”, “Your” or “User” are used, it shall include any person whether natural or legal/juristic, including but not limited to any company, incorporation, association, partnership, proprietorship or group of individuals who access, browse through, visit or avail the services of the Website. Collectively the User and the website or the Company may be referred to as the “Parties”.
The Privacy Policy as published on the Website is herein incorporated by reference and shall be deemed a part of this Terms of Use from hereon. That, together the Terms of Use and the Privacy Policy shall represent the whole agreement as between the Website or the Company and the User and shall govern the relationship between the Parties. This agreement shall replace all prior agreements and communications existing between the Parties whether direct, indirect, written or oral. By accessing, using, browsing through, searching, availing the services or engaging in anything on the Website, You agree to the Terms of Use disclosed herein, You also accept the information practices as per our Privacy Policy and you undertake to comply with all laws applicable and in force as interpreted and enforced within the Raipur District of Chhattisgarh State, India. Failure to comply with any condition, term or provision contained herein or anything promulgated by these Terms of Use or the Privacy Policy or any such terms or conditions as imposed by the Website or the Company, by any User, shall result in termination of all licenses granted herein (if any). The date of first use in any way of this Website or its services by any User shall be treated as “Commencement Date” of these Terms of Use. The Company shall be at liberty to amend or modify these Terms of Use and the Privacy Policy from time to time on its sole and exclusive discretion without any prior notice or intimation to any User or anyone else. Continued use of this Website in anyway by any User shall constitute the User’s consent to and acceptance of the modified or amended Terms of Use and the Privacy Policy.
Failure to assert any of its rights or wilful ignorance of violation of any of its right by the Company shall in no circumstances be construed as waiver of such right. In a case where the Company waives off any of its rights, the waiver shall be restricted to that particular instance (case) and the particular right which is so waived off by the Company and shall not affect any other rights arising out of the Terms of Use or Privacy Policy.The provisions contained in these Terms of Use and Privacy Policy shall be severable and in case if any part or provision of the Terms of Use or the Privacy Policy is adjudged to be invalid or unenforceable, the Parties agree that the remaining part and provisions shall continue to be in force and effect, regardless of the part or provision so adjudged to be invalid or unenforceable. Any such provision or part may be amended or reformed by the Company whenever possible or desirable by the Company on its sole and exclusive discretion.
Any content available or displayed on the Website or available for download whether for free or a fee or anything shown as a part of an offer for purchase on the Website, is protected by all applicable Intellectual Property Laws including Trademark and Copyright laws and is the exclusive property of the Company or its licensors. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content (collectively the “Marks”), whether registered or unregistered are proprietary to their respective owners and are protected by applicable trademark and copyright laws, doctrines and principles. Nothing contained on the Website or within the content shall be construed as giving permission, license or right to use any of the Marks to anyone without prior written consent of the Company or any third-party owner of any such Marks. Any unauthorized or non-permitted use of any such Marks or any content of the Website in anyway, for any purpose is hereby expressly prohibited and may invite appropriate action by the company.
You are granted a non-exclusive, non-transferable, limited license to access and use the Website, its services and the content available on the Website for personal non-commercial use for the applicable fees (if any) subject to the terms and conditions contained herein and in the Privacy Policy. Unless otherwise agreed or permitted by the Company in writing and in advance, you are hereby prohibited from copying, reproducing, modifying, create derivative works from or store, any Content, whether in whole or in part, contained on the Website. In absence of the said prior written permission from the Company, you are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting or circulating any such Content for any purpose whatsoever. Any unauthorized or non-sanctioned advertisement, promotional posts and material, junk mail, spam, chain letters, pyramid schemes or solicitation in any other form, for any purpose, on the Website is hereby expressly prohibited. Users are also restricted from posting any inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory or libellous content targeting any person, gender or social or ethnic group or nationalities. The Users hereby undertake to not use the Website for any unlawful purpose whatsoever and to honour all reasonable requests by the Company or the Website to protect its proprietary rights and interests
The Company and the Website shall be entitled to terminate or suspend any User’s access to the Website or its services, if it is found that any User is in violation of the letter or spirit of these Terms of Use or the Privacy Policy or that their conduct is unlawful, on their sole and exclusive discretion without any prior notice or intimation to such User and without any refund, compensation or monetary reimbursement of any kind for any reason whatsoever. Neither the Company nor the Website shall under any circumstances be liable to any User or any third-party for termination of User’s access to the Website or its services for any reason. The only recourse available to Users who do not agree to these Terms of Use or the Privacy Policy is discontinuing the use of the Website. Upon termination of this agreement between the Parties, the User shall be bound to destroy all copies of any material provided by the Company or the Website in his/her possession and shall refrain from further use of the same. It is hereby clarified that in case of multiple logins from different devices and different IP addresses is found which at the company’s sole discretion is found to be in the nature of sharing same subscription with multiple persons, such subscription shall be terminated with immediate effect and no refund shall be given for the same and appropriate action may be taken by the company.
Registering on the Website provides a special restricted access to the Website and its content, services which is restricted to a single user only. For registering every User is required to provide his email address, name, etc. and must select a password. While registering, the Users are bound to provide complete, accurate and updated information and failure to do so shall constitute breach of this Agreement and shall expose them to the risk of termination of their access by the Company. Having someone else register on the Website or using, browsing, accessing or availing the services of the Website through a third-party, binds the actual User to these Terms of Use and the Privacy Policy, as if they registered, used, browsed through or availed the Website or its Services themselves personally. Users are alone responsible to maintain the confidentiality of their registered account and login credentials and are liable for any activities that occur via such account.
The Website and the Company shall be entitled to use the information provided by the Users in their print or electronic publication (“User Content”). However, the Users are hereby assured that their information shall only be used in accordance with the Privacy Policy and in a way so as not to infringe their privacy. Users shall be solely responsible for the accuracy, correctness and authenticity of the information provided by them. The Website shall be entitled to remove, edit, review or delete the User Content if it finds it to be illegal, incorrect, offensive or inappropriate in any way. The Users are prohibited from entering or distributing any material on or through the Website that is promotional in nature or which results in solicitation without prior written permission or consent of the Website. The Users shall be liable to indemnify the Company and the Website including their employees, affiliates and authorized representatives, for any loss, damages, liabilities, costs including but not limited to reasonable attorney fees incurred by them as a result of breach of this Agreement by the User or inaccuracy, falsity, incorrectness or illegality of material or information entered into the Website using User’s account on the Website.
The Website may contain sponsored content and advertisements. Neither the Company nor the Website shall be responsible or liable for the accuracy, legality, correctness, completeness or contemporariness of the advertisements or the sponsored content and the sponsors of such advertisements or sponsored content shall be solely responsible for the same. The Company and the Website shall also be immune from any liability arising out of any act or omission on part of the sponsors of such advertisements or sponsored content. The said sponsors shall be liable to indemnify the Company or the Website including their employees, affiliates and any authorized representatives for any loss, damage, costs or any expense incurred by them including but not limited to reasonable attorney fees because of any fault or defect in the content or advertisement sponsored by them or any act or omission on their part.
The Website contains hypertexts, links and addresses to other websites and webpages for the reference and convenience of its Users. These hypertexts, links and addresses may take the Users to different webpages and websites owned and operated by persons, groups or incorporations other than the Company and are the sole responsibility of their respective owners and managers. Neither the Company nor the Website have any control or ownership on what is displayed on such websites and webpages for any purpose and hence neither of them is responsible for the content available on such websites and webpages. When You choose to click on and visit any such webpage or website, You agree that neither the Company nor the Website is responsible or liable for the accuracy, correctness or legality of content, services, products or other material on such websites and webpages. Any reference or display of any names, products, services or marks belonging to or offered by a third-party or presence of their hypertexts or links on the Website, does not necessarily constitute any recommendation, endorsement or sponsorship of such third-party or its products or services. The Users are solely responsible for their use or access of any third-party content or products or services and for all related risks of viruses, worms, trojan horses and other harmful material on such websites or webpages.
Under no circumstance or event shall the Company, the Website or any of its affiliates, employees, agents, suppliers, licensors or any authorized personnel or representatives be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages including without limitation to damages for loss of goodwill, use, profits, data or any other tangible or intangible loss related to or arising out of the use of, breach of or inability to use the Website or services provided by the Website, moreover, the said entities and individuals shall also be immune from any liability to compensate any User in anyway for any loss, damage or injury caused because of hacking, tempering or unauthorized use or access of User’s account or any information contained therein. If at all any liability, of whatsoever nature (including damages, claims and compensations) is implied on the Company under these terms, including for any implied warranties, the said liability is limited to the amount that the user pays / has paid to use the services.
Presence of Professionals or any third-party on the Website or any database maintained by the Website shall not in any case be construed as recommendation, solicitation or endorsement of any such Professional or third-party. Any information about such Professional or third-party shall not be treated as device to confirm their credibility, qualification or abilities.
In terms of the regulatory requirements, the user is hereby informed that the Company is eligible to either offer investment advisory services or distribution/facilitation services to the user (and its dependent family member) and not both. Thus, the Company shall make all endeavours to ensure segregation of the advisory and distribution activities by not offering both to the same users by placing appropriate post-login disablement/accessibility blocking checks on the website.
In case the user comes across any such instance, then he/she shall immediately inform the same to the Company and the Company may take appropriate steps in this regard.
At any point in time, if it is found by the company that the user (for himself/herself or through his/her dependent family member or through family members on whom he/she is dependent) has been availing of both of the aforesaid services simultaneously, then, in that case, the company has the sole right to decide upon the stopping of any one service immediately.
The Company (including its employees, affiliates, partners or other representatives, etc.), third-party service providers may communicate with the user over phone and/or e-mail and/or SMS and or push notifications or any other form of electronic communication in connection with your usage of the website or availing of any services. This consent overrides any registration for Do Not Call.
Further, You agree and confirm that if your number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS/phone communication, for which the company shall not be liable and you shall be responsible for taking appropriate steps to de-register from the DND list of TRAI.
The Company relies on Third Party Service Provider(s) for sending /delivery of SMS/e-mail alerts/WhatsApp/push notifications/OTP services. The readability, accuracy, and timely delivery is not in the control of the company and is subject to the performance and infrastructure of the third party. Thus, the Company does not take any responsibility or any liability, whether contractual or legal for any readability, non-delivery, delayed delivery, or skewed delivery of the messages, notifications, OTPs, etc.
This Agreement shall be entered into by the Parties, governed, interpreted, construed and enforced according to laws applicable within Raipur District of Chhattisgarh State, India, without giving effect to any choice of legal rules and principles. In case of any dispute between the Parties, the same shall be subjected to jurisdiction of appropriate courts within Raipur District of Chhattisgarh State. Users using, accessing, browsing through or entering into this Agreement in any way from jurisdiction other than India are solely responsible for compliance with the laws in force in Raipur, Chhattisgarh and any local laws applicable. The Users waive all defences of lack of jurisdiction or inconvenience of forum.
It is agreed by the parties that any formation, interpretation, and performance of this policy and any dispute arising out of it will be resolved through two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after termination or expiry of the Terms of Use or the Privacy Policy.
Mediation- In case a dispute arises between the parties, the parties will attempt to resolve the same amicably between them, through mutual understanding. If the parties are unable to reach a common ground within 30 days of one party communicating of existence of dispute to the other, the dispute will be resolved through arbitration.
Arbitration- The parties agree that when they are unable to resolve the dispute through Mediation, the said dispute will be resolved through arbitration. The parties further concur that the arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by the Company on its sole and exclusive discretion. The language for arbitration would be English. The seat of arbitration would be Raipur, Chhattisgarh.
The parties agree that Privacy Policy and any other agreement would be governed by laws, rule and regulations of India. The courts in Raipur, Chhattisgarh shall have exclusive jurisdiction over any dispute arising between the parties. The Users waive all defences of lack of jurisdiction or inconvenience of forum.
All content, information and services provided through the Website are provided on an ‘as-is/as-available’ basis and You use the same at your own volition and risk. Neither the Company nor the Website provides any warranty whether express or implied regarding satisfactory quality, suitability for any particular purpose or any other implied warranty of merchantability as to the result or outcome You may derive out of Your use of the Website or any such result or outcome You may attain out of a relationship you elect to create with any Professional or third-party through the Website. We do not and neither do any of our employees, agents, licensors or any authorised personnel make any representations or provide any warranty as to the ability of any Professional or third-party to obtain a favourable result for any User.
The Users are hereby informed that the Company shall strive to provide the best service to every user but cannot and does not provide any warranty as to the completeness or accuracy of any content or services or that the services provided through the Website will be error-free, uninterrupted or always available. The Users are also informed that they use the Website or avail its services and download the content available thereof on their exclusive and sole discretion and risk.