Released: 01 August 2024
Welcome to https://fincheckers.com/ and its Mobile Application “FinCheckers” & “FinXpert” (hereinafter referred to as the “FinCheckers” “Website”, “We,” “Us,” or “Our”), owned and operated by Apistemology Technologies Pvt Ltd., incorporated under the Company Act 2013 [CIN: U62013DL2024PTC430091] having its registered office at Unit No-1 AT, Plot No-2, DDA Building Distt Centre, Nehru Place, New Delhi, 110019 (hereinafter collectively be referred to as “the Company”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THIS PLATFORM. These Terms and Conditions (“TERMS”) together with Privacy Policy govern the access and/or use of services made available on or through https://fincheckers.com/ (the “Website”), the related Mobile Device Application “FinCheckers” & “FinXpert” (collectively the “FinCheckers Platform”).
FinCheckers reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms without any notice or liability to you. Changes to these Terms shall be effective immediately following the posting of such changes. Your continued use of the Platform and/or the Services following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. Hence you are strictly advised to re-visit the terms and conditions and privacy policy and code of conducts.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL CAPACITY AND AUTHORITY TO AGREE TO AND BIND YOURSELF TO THESE TERMS. WE DO NOT ALLOW ANYONE TO ACCESS OUR PLATFORM ON BEHALF OF ANOTHER PERSON/THIRD PARTY. IF THE USERS DO SO, THEY WILL BE SOLELY RESPONSIBLE FOR THE REPRESENTATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS PLATFORM. IF YOU HAVE ANY QUERIES ABOUT THESE TERMS, PLEASE CONTACT Support@Fincheckers.com.
THE FINCHECKERS PLATFORM IS INTENDED FOR USE ONLY WITHIN INDIA.
This document is an “Electronic Record” in terms of Sections 2(1)(t), and 4 of the Information Technology Act, 2000, and published in compliance with the provisions of Rule 3 of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as updated on 6.4.2023.
These Terms constitute a binding and enforceable legal contract between the Company and you, a user of the Services, or any legal entity that uses our Services (defined below) on behalf of end-users (“you” or “Client” or “User” or “Visitor” and “Service Providers”). You understand that by accessing and using being on the FinCheckers Platform, you enter into a legally binding contract with FinCheckers with effect from this date and indicate your unconditional acceptance of these Terms.
“FinCheckers” & “FinXpert” the company by virtue of its scope limited to Technology platform and isn’t involved in any type of financial advisory, selling of products or services directly all they are accomplished through the help of Service providers . However to ease the journey, there are free and paid services enlisted on the technology platform which are easily available in market standalone as well as via multiple financial institutions. Purpose of the FinCheckers & FinXpert platform is limited to provide an easy accessible marketplace for ease of the end customer.
YOU ACKNOWLEDGE THAT FINCHECKERS DOES NOT PROVIDE FINANCIAL ADVISORY, FINANCIAL PRODUCT SALE, FINANCIAL PRODUCT SERVICING, OR FUNCTION AS A FINANCIAL ADVISING, FINANCIAL PRODUCT SALE, OR FINANCIAL PRODUCT SERVICING COMPANY AND THAT ALL SUCH SERVICES MENTIONED ABOVE ARE PROVIDED BY INDEPENDENT SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY FINCHECKERS OR ANY OF ITS AFFILIATES.
FinCheckers is an online platform as a service, that connects users with independent financial experts who offer financial advice and services through one-on-one live text chat sessions.
Client and Service Provider understand and agree that FinCheckers is not involved in or responsible for any work performed by the Service Provider, is not involved in or responsible for any payment made under any contract and has no control over the Service Provider or Client. FinCheckers does not have any power or authority to, and does not, determine or control any term or condition of the Service Provider to perform any Services. It is agreed that the Client will select the Service Provider, that the scope of work will be set exclusively by agreement between Client and Service Provider, and that Client and Service Provider will take up any issues with the work and/or its scope with each other.
Client expressly acknowledges, agrees, and understands that: (i) FinCheckers is not a party to the dealings between Client and Service Provider, (ii) FinCheckers does not, in any way, supervise, direct, or control the Service Provider or Service Provider Services; (iii) FinCheckers makes no representations as to the quality, security, or legality of any Service Provider Services or Service Provider Work Product, and FinCheckers disclaims any and all liability relating thereto; (iv) FinCheckers does not set Service Provider’s work hours, work schedules, or location of work; (vi) FinCheckers will not provide Service Provider with training or any equipment, tools, labor, or materials needed to complete their work; (vii) FinCheckers does not provide the premises at which the Service Provider will perform the work; (viii) if there is a dispute between Client and Service Provider, that dispute is solely between Client and the Service Provider or Third party and FinCheckers will not be responsible or liable with respect to such dispute; (ix) neither FinCheckers nor its Affiliates is an employer of or joint employer or integrated or single enterprise with any Service Provider or Client; and (x) unless otherwise agreed as part of the agreement, the Service Provider may hire employees or engage contractors or subcontractors (at his or her sole expense) to assist with providing the Services. FinCheckers makes no representations about and does not guarantee the truth or accuracy of Service Provider’s listings on the Platform; the ability of Service Provider to deliver the Service Provider Services; or that Client or Service Provider can or will actually complete a transaction.
Service Provider expressly acknowledges, agrees, and understands that: (i) they are solely responsible for complying with all the applicable laws, notifications, the rules, regulations, and guidelines issued by the Government and other Regulatory Bodies including but not limited to the Reserve Bank of India (“RBI”), the Securities and Exchange Board of India (“SEBI”), Insurance Regulatory and Development Authority of India (“IRDAI”), Association of Mutual Funds in India (“AMFI”) and any other regulatory bodies defining the rules and regulations governing the Services provided by them on the Platform; (ii) FinCheckers is not a party to the dealings between Client and Service Provider, including the selection of a Service Provider, the decision to contract with a Service Provider, and the performance or receipt of Service Provider, Services or provisioning of Service Provider Work Product; (iii) FinCheckers does not, in any way, supervise, direct, or control the Service Provider Services; (iv) FinCheckers makes no representations as to the quality, security, or legality of any Service Provider Services or Service Provider Work Product, and FinCheckers disclaims any and all liability relating thereto; (v) FinCheckers does not set Service Provider’s work hours, work schedules, or location of work; (vi) FinCheckers will not provide Service Provider with training or any equipment, tools, labor, or materials needed to complete their work; (vii) FinCheckers does not provide the premises at which the Service Provider will perform the work; (viii) if there is a dispute between Client and Service Provider, that dispute is solely between Client and the Service Provider and FinCheckers will not be responsible or liable with respect to such dispute; (ix) neither FinCheckers nor its Affiliates is an employer of or joint employer or integrated or single enterprise with any Service Provider or Client; and (x) unless otherwise agreed as part of the relevant agreement Service Provider(s) may hire employees or engage contractors or subcontractors (at his or her sole expense) to assist with providing the Services. FinCheckers makes no representations about and does not guarantee the truth or accuracy of Client’s listings on the Platform; the ability of Clients to pay for the Service Provider Services; or that Client or Service Provider can or will actually complete a transaction.
You confirm and acknowledge that by registering on the Platform, you authorize and consent to FinCheckers sending promotional, and marketing content, as well as any other relevant information, announcement or notification to you through In App Notifications, short message service, WhatsApp messages, or other electronic and non-electronic modes of communication, and no such communication shall be deemed to violate TRAI’S Telecom Commercial Communication Client Preference Regulation, 2018, relating to unsolicited commercial communication.
The User shall be responsible for identifying and paying all taxes, duties, cess, and other fees (and any penalties, interest, and other additions thereto) that are payable by the User related to the transactions through the Platform. FinCheckers are not liable to pay any taxes that are payable by the User to any governmental authority for any such transaction.
Using our services doesn’t mean you can use any of our trademarks or other intellectual property, like copyrights and patents. We keep all of our rights to our intellectual property, even though we let you use our services.
Our logos and names are our trademarks and registered in certain jurisdictions. Any other product or company names, logos or similar marks and symbols you see on FinCheckers may be trademarked by our partners or other users like you.
FinCheckers uses Google Analytics, a web analytics service provided by Google, Inc and other similar softwares. Google Analytics uses first-party cookies to report on user interactions with our web-based services. These cookies store non-personally identifiable information. Google Analytics aggregates technical data (non-personally identifiable data relating to your usage of our platform) with data collected from other users. FinCheckers uses this information to identify the most popular areas of the Services and how to best present and customize them. Google Analytics or any other application as indicated herein will never collect or disclose your mobile number, password, or any personal financial information.
Nothing in this Website or mobile application and the contents thereof shall be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. The Company shall not be responsible for the acts or omissions of the User, and the User shall not represent the Company, nor does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.
You represent, warrant, and covenant that you: (i) have the power and authority to enter into this agreement; (ii) can form legally binding contracts under applicable law; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Platform only as set forth in these Terms.
You agree to indemnify and hold harmless the Company, and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demands, or actions including reasonable attorneys’ fees asserted against or incurred by FinCheckers, made by any third party arising out of your breach or non-performance of terms of these Terms, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
THIS FINCHECKERS PLATFORM AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FINCHECKERS DOES NOT WARRANT AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF FINCHECKERS PLATFORM. THE COMPANY DOES NOT WARRANT THAT THE FINCHECKERS PLATFORM WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE THE INFORMATION OBTAINED FROM OR THROUGH THE FINCHECKERS PLATFORM AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT (A) FINCHECKERS PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) FINCHECKERS PLATFORM WILL BE FREE OF OUTAGES, INTERRUPTIONS, DELAYS, SECURITY FLAWS, AND ERRORS, (C) THE INFORMATION OBTAINED FROM FINCHECKERS PLATFORM WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, (D) THAT YOU WILL BE ABLE TO TRANSMIT OR RECEIVE INFORMATION FROM OR THROUGH FINCHECKERS PLATFORM OR (E) THAT DEFECTS IN OR ON THE FINCHECKERS PLATFORM WILL BE CORRECTED.
YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE FINCHECKERS PLATFORM, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE FINCHECKERS PLATFORM. IN PARTICULAR, THE COMPANY WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE FINCHECKERS PLATFORM OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE FINCHECKERS PLATFORM, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EVEN IF THE MEMBERS OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms shall be construed and governed in accordance with the laws of the Union of India without regard to its conflict of law provisions.
Any controversy or claim arising out of or relating to the Terms and Conditions of this Website, or the breach hereof, shall be settled by arbitration in accordance with Arbitration & Conciliation Act, of 1996. The place of arbitration will be New Delhi. The arbitration proceedings will be in the English language. The award of the sole Arbitrator shall be binding on the parties.
All information exchanged between us, and any settlement offered is confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective Legal Advisors, Accountants, Auditors, and Insurance Providers.
The Service Provider shall not, directly or indirectly, solicit, or otherwise engage, with any existing or potential Clients of the Company without the prior written consent of the Company.
Except as explicitly stated otherwise, any notices given to the Company shall be given by email to compliance@fincheckers.com
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the legality, validity and enforceability of any remaining provisions.
The provisions of these Terms will insure to the benefit of and be binding upon the Company and its successors and assigns. You shall not assign these Terms or your rights and obligations under these Terms without the express prior written consent of the Company which may be withheld at the Company’s sole discretion. Company may assign these Terms and its rights and obligations under these Terms without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
For any further clarification of Our Terms and Conditions, please write to Us at support@fincheckers.com.
FINCHECKERS IS NOT A FINANCE COMPANY. IT IS ONLY A PLATFORM THAT CONNECTS SERVICE PROVIDERS FROM THE FINANCE INDUSTRY WITH THE GENERAL PUBLIC. THE COMPANY DOES NOT GIVE OR OFFER ANY FINANCIAL, INVESTMENT, OR TAX ADVICE TO ANYONE USING THIS PLATFORM. ACCORDINGLY, USERS ARE ADVISED TO CONDUCT THEIR OWN DUE DILIGENCE.
II. CLIENT/USER
You can’t offer, share, support or try to find anything that is (i) illegal or defamatory; (ii) violent, discriminatory or harassing, either generally or towards a specific person or group (or encourages others to be), including anyone who is part of a legally protected group; (iii) sexually explicit or related to sex work or escort services; (iv) in any way related to child exploitation; (v) would infringe on any intellectual property rights, including copyrights; (vi) would violate our Terms and Conditions, another website’s terms of service, or any similar contract; (vii) would go against professional or academic standards or policies – including improperly submitting someone else’s profile, or providing certifications; (viii) involves purchasing or requesting or sharing misleading content (like ‘deep fakes’ or ‘fake news’) which is intended to deceive others.
You shall not use the Platform to (i) unlawfully discriminate against someone; (ii) incite or encourage violence; (iii) post personal identifying information or other sensitive, private data about another person; (iv) spam other users with invites; (v) make or demand bribes or payments for anything other than the work; (vi) ask for or demand free work; (vii) request or provide services that primarily concern making purchases on behalf of another, including the purchase of cryptocurrency or NFTs.
(i) bypassing any security features that we have put in place to restrict how you use the site. They are not allowed to try and get around restrictions on copying content.
(ii) interfering with or compromising our systems, server security, or transmissions
(iii) using any “page-scrape”, “robot”, “spider” or other algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
(iv) copying, distributing, or otherwise using any information that you find on FinCheckers, whether directly or through third parties (like search engines), without our consent.
(v) introducing any malware or any other code or viruses that could harm us, our customers, or our services
(vi) accessing our services through any technology other than our interface
(vii) framing or linking to the services without our written permission
(viii) reverse engineering, deciphering, modifying, or taking source code from a Platform that is not open source without our written permission.
YOU ARE NOT ALLOWED TO USE OUR SERVICES TO DO (OR ENCOURAGE OTHERS TO DO) ANYTHING THAT IS ILLEGAL, FRAUDULENT, OR HARMFUL. THIS DOCUMENT IS NOT EXHAUSTIVE, YOU ARE ADVISED TO USE YOUR GOOD FAITH JUDGMENT WHILE USING OUR APPLICATION. IF YOU DON’T SEE SOMETHING ON ONE OF THE LISTS BELOW, YOU SHOULD NOT ASSUME IT IS ALLOWED. WHEN IN DOUBT, PLEASE CONTACT US TO CHECK.