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Terms & Conditions

Introduction and Terms of Use

The terms and conditions contained hereinafter (“TERMS OF USE”) shall apply to the use of the website www.fintechbee.com and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Fintechbee (“Fintechbee” or “WE” or “OUR” or “US”) (collectively, "WEBSITE").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (“SERVICES”)) (hereinafter referred to as a “USER”, “YOU”, or CLIENT) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein. These Terms of Use constitute a binding and enforceable agreement between the User and Fintechbee. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Fintechbee for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:

Clicking to accept or agree to the Terms of Use, where this option is made available to you by Fintechbee in the User interface for any particular Service; or

Accessing, testing or actually using the Services. In this case, you understand and agree that Fintechbee will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by Fintechbee will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction that may be applicable to you in connection with your business and use of our Services.

Eligibility

Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto.

The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

Proprietary Rights

You acknowledge and agree that Fintechbee (or Fintechbee's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Fintechbee and that you shall not disclose such information without Fintechbee's prior written consent.

Unless you have agreed otherwise in writing with Fintechbee, nothing in the Terms of Use gives you a right to use any of Fintechbee's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Unless you have been expressly authorized to do so in writing by Fintechbee, you agree that in using the Services, you 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.

Exclusion of Warranties

Nothing in these Terms of Use, including this paragraph 8, shall exclude or limit your warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Fintechbee disclaims any implied warranty for Services and any use thereof.

You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

In particular, Fintechbee, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

The information or Contents provided on the Website are accurate, complete and updated;

Your use of the Services will meet your requirements;

Your use of the Services will be uninterrupted, timely, secure or free from error;

Any information obtained by you as a result of your use of the Services will be accurate or reliable; and

That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Fintechbee or from the use of Services shall create any warranty not expressly stated in these Terms of Use.

Fintechbee further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Indemnity

The User shall indemnify and hold Fintechbee, its subsidiaries, affiliates, directors, employees, contractors, licensors and agents harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

Fraud, negligence and willful misconduct by the User in the use of the Services;

Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User;

Breach of the User’s confidentiality obligations under these Terms of Use;

Disputes raised by a User’s customer in relation to a transaction where such dispute is not attributable to the Services; and

Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the User’s website or platform that are in violation of applicable law.

Limitation of Liability

Subject to the overall provisions stated above, you expressly understand and agree that Fintechbee, its subsidiaries, affiliates, directors, employees, agents and licensors shall not be liable to you for:

Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;

Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;

The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

Your failure to provide Fintechbee with accurate Registration Data;

or

Your failure to keep your password or account details secure and confidential

The limitations on Fintechbee’s liability to you shall apply whether or not Fintechbee has/ had been advised of or should have been aware of the possibility of any losses to you.

Confidentiality

The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/ or relating to Fintechbee and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“CONFIDENTIAL INFORMATION”).

The User shall keep Confidential Information in confidence. The User shall use commercial reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without Fintechbee’s prior written consent, divulge any of the Confidential Information to any third party other than the User’s officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The User shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply whenever they are in possession of Confidential Information as part of this Agreement. The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of Fintechbee.

Authorization

By accepting these Terms of Use, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the payment system providers and our nodal account to process each payment transaction that you authorize.

Thereafter, you authorize us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration (“ACQUIRING BANK”). Your authorization will remain in full force and effect until your Fintechbee account is closed or terminated.

Technical Issues & Delivery Policy

In case of any technical issues, please raise a support ticket from your service dashboard or by emailing us at contact@fintechbee.com to let us know of the same. You can also contact us through phone in case of urgent matters. We endeavor to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.

Privacy

Your privacy is extremely important to us. Upon acceptance of these Terms of Use you confirm that you have read, understood and unequivocally accepted our Privacy Policy.

Complaints and Grievance Redressal

Any complaints or concerns with regards to content of this Website or comment or breach of these Terms of Use or any intellectual property of any User shall be immediately informed to the Grievance Officer at the co-ordinates mentioned below in writing or by way of raising a grievance ticket through the hyperlink mentioned below.